MCA eases the process for incorporation of Cos.; specifies new forms ‘SPICE+’ and ‘AGILE PRO’

GOVERNMENT OF INDIA

MINISTRY OF CORPORATE AFFAIRS

NOTIFICATION

G.S.R……..(E)._ In exercise of the powers conferred by sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (incorporation) Rules, 2OI4, namely:-

1. Short title and commencement:- (1) These rules may be called the Companies (incorporation) Amendment Rules, 2020.

(2) They shall come into force with effect from the 15th of February 2020.

2. In the Companies (Incorporation) Rules, 2014 (hereinafter referred to as the said rules), for rule 9, the following rule shall be substituted, namely:-

“9. Reservation of name or change of name:- An application for reservation of name shall be made through the web service available at www.mca.gov.in by using web service SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus: INC-32), and for change of name by using web service RUN (Reserve Unique Name) along with fee as provided in the Companies (Registration Offices and Fees) Rules, 2014, which may either be approved or rejected, as the case may be, by the Registrar, Central Registration Centre after allowing resubmission of such web form within fifteen days for rectification of the defects, if any, with effect from the 15th February, 2O2O.”

3. In the said rules, in rules 10, 12, sub-rule (1) of rule 19, sub-rules (1),(2),(3), (4), (7) and (9) of rule 38, for the words, letters, figures, and brackets, “Form No INC-32 (SPICe), wherever they occur, the letters, brackets, words and figures ”SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus: INC-32)” shall be substituted with effect from the 15th February 2020.

4. In the said rules, in rule 38, in the marginal heading, for the word, brackets, and letters electronically (SPICe)”, the words, brackets, and letters “Electronically Plus (SPICe+)” shall be substituted with effect from the 15th February 2020.

5. In the said rules, in rule 38A:-

(i) in the marginal heading, for the words, brackets and letters “and Employees’, provident Fund Organisation (EPFO) Registration”, the words, brackets and letters “and Employees’ Provident Fund Organisation (EPFO) Registration and profession Tax Registration and Opening of Bank Account” shall be substituted;

(ii) for the letters “AGILE”, the letters “AGILE-PRO”, shall be substituted;

(iii) after clause (c), the following clauses shall be inserted, namely:-

“(c) Profession Tax Registration with effect from the 15th February,2O2O

(d) Opening of Bank Account with effect from 15th February, 2O2O.

6. In the said rules, in the annexure,-

(i)for forms “RUN, e-form No. INC-32(SPICe), and e-from No. INC-35(AGILE)’ the following forms shall be substituted, namely:-

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