Simplification in the Process of Incorporation of Section 8 Companies through SPICe under Companies Act 2013 by Jaya Ahuja

  • For the purpose to simplify the process for incorporating Section 8 Companies, prior filing requirement of INC-12 for new section-8 companies is being dispensed with vide the Companies(Incorporation) Sixth Amendment Rules, 2019 dated 7th June 2019.

  • Thereby, Section 8 Companies can be incorporated by either reserving names through RUN and filing SPICe thereafter or by directly filing SPICe.  License No.for a section 8 company shall henceforth be allotted at the time of incorporation itself.

  • All pending INC-12 SRNs with respect to the above points for new Companies pending at respective RoCs would be marked as ‘Rejected’ on 15th August 2019. Such applicants may thereafter directly file SPICe for obtaining License Number and for the incorporation of Section 8 Companies.

  • Stakeholders who have already obtained License Numbers and are yet to file SPICe may do so at their convenience but may note that the forms shall be processed only after a certain time lag to allow for workflow changes to take effect.

  • Stakeholders, who have already filed SPICe forms and are pending at CRC, may kindly wait for the processing of these forms after the workflow changes take effect.

FAQs On SPICe Forms

Is it mandatory to use eMoA and eAoA? Can physical copies of MoA/AoA be signed and attached with SPICe forms?

Yes. It is mandatory to use eMoA (INC-33) and eAoA (INC-34) in case of the following:-

individual subscribers are Indian nationals
- individual subscribers who are foreign nationals in case they valid DIN and DSC and also submit a proof of a valid business visa- non-individual subscribers based in India.

Physical copies of MoA/AoA is required to be signed and attached in case non-individual first subscribers are based outside India or individual foreign subscribers do not possess a valid business visa.

In case physical copies of MoA/AoA is required to be submitted, then eMoA/eAoA shall not be attached. Please refer FAQ Q.8 for more details.

Instruction Kit for eForm SPICe (INC-32)


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