Ministry of Corporate affairs vide
notification dated 29.12.2016 has amended Incorporation Rules. The highlights of same are as follows:
1.
Form for Incorporation
One Person Company (OPC) is substituted by e-form INC-32(SPICe) thereby e-form
INC-2 omitted. Further, consent of nomination obtained in form INC-3 to be filed with Registrar in e-form INC-32(SPICe)
2.
For incorporating
company following forms to be filed:
a.E- Form No.lNC-7
[Part I company and company with more than seven subscribers]
b.E- Form No INC-32
(SPICe) [ One Person Company,
Private Company, Public Company and Section 8 Company]
3.
Applicant to have option
of filing form for reservation of name. Applicant can either proceed with
e-form INC-1 or e-Form No INC-32
(SPICe). However in case of
e-Form No INC-32
(SPICe), applicant is required
to propose only one name.
4.
The application for
incorporation of a company in e- form No. INC-32 (SPICe) shall be alongwith
e-Memorandum of Association (e-MOA) in Form No.lNC-33 and e-Articles of
Association (e-AOA) in Form no. INC-34 except in case of section 8. In case of
section 8, application to be filed FORM No.lNC-13 (Memorandum of Association)
and FORM No.lNC-31 (Articles of Association) as attachments.
5.
The subscribers and
witness or witnesses shall affix their digital signatures to the e-MoA and
e-AoA.
6.
The number of
resubmissions is reduced from three to two.
7.
The filing fee for SPICe
has also been reduced from Rs.2000 to Rs.500.
Notification can be downloaded from following link:
