PF and ESI registration for employers: Guide

The Ministry of Labour & Employment, Government of India, has come up with a common PF and ESI registration. Employers can make the registration online through the Unified Shram Suvidha Portal.

PF-ESI Registration Process

  1. Sign up on the Shram Suvidha Portal

    Firstly, sign-up on the Unified Shram Suvidha Portal and a verification link will be sent to your email-id. After verifying, you will be re-directed to a new page for creating your User Id and Password. 
    (Note: Username and Password are case sensitive)

  2. Login to your account

    Next, login to your account by using the credentials used for signing up.

  3. Navigate to “Register for EPFO-ESIC”

    After logging in, go to “Register for EPFO-ESIC” and click on “Apply for New Registration”

  4. List of Acts

    Next, you will be shown the following List of Acts:

    a. Employees’ State Insurance Act, 1948
    b. Employees’ Provident Fund and Miscellaneous Provision Act, 1952

    Select the Act for which you are seeking registration. Select the Act applicable to you. If only one of the Acts are applicable, choose that Act.

  5. Establishment Details

    Further, enter your:

    a. Establishment Name as per PAN
    b. Address of Establishment
    c. Establishment Setup Details
    d. Factory License Details, if any
    e. Start-Up registration number, if any
    f. MSME registration number, if any
    g. Lastly, enter ownership details

    Save draft and click on “Next”.

  6. eContacts

    Next, enter the email address and mobile number of the authorised person.

  7. Contact Persons

    Next, you are required to enter:

    a. Primary Manager details (if any)
    b. Primary Owner details

    Similarly, you can add more owners.

  8. Identifiers

    Now, select any identifier from the dropdown list and fill in the details

    For instance, if you select “Goods and Service Tax Identification”-

    a. Enter GSTIN in “Identifier Value”
    b. Further, enter the name as on the GST Registration Certificate in “Name of Identifier”
    c. Thereafter, enter the date on which the GST Registration Certificate was issued in “Date of Issue”,
    d. Next, enter the name of the issuing authority in “Issued by (Authority) ”, which in case of GSTIN would be Goods and Service Tax Department
    e. Lastly, enter the place where the document was issued in “Issued at (Place)”

  9. Employment Details

    Further, you are required to enter:

    a. Employee details covered under EPF Act (Note, these details are only required for EPFO registration)
    b. Total number of employees employed for wages directly and through immediate employers on the date of application (Note, these details are only required for EPFO registration)
    c. Other common details

  10. Branch/ Division

    After that, enter branch/ division details, if any.

  11. Activities

    Further, select the primary business activity, nature and category of work from the dropdown.

  12. Attachments

    Lastly, upload the documents from the dropdown for proof of address, date of setup proof, license proof.

    Also, upload the specimen signature (Sample format is available on the website).

    Finally, upon filling all the necessary details, you will be required to attach DSC and submit the form. Then, an email will be sent on the registered email address. Moreover, you will also receive the login id and password using which you can login to EPFO and ESIC.

FAQs

Can I register only for EPFO or ESIC?

Yes, you can register either for both or any one of them. Select the Act applicable to you from the options provided before starting registration process.

Do I have to submit any physical documents?


All documents are to be uploaded online, no physical documents are required to be provided.

Apply for Labour Identification Number (LIN)

What is Labour Identification Number (LIN)?

The Ministry of Labour and Employment has come up with a a unique identification number called “Labour Identification Number” for various labour related services. Labour Identification Number (LIN) can be applied online through the Unified Shram Suvidha Portal which is the official portal of the Ministry of Labour and Employment.

The objective is to provide a single window access to the Labour Return related services for Employers/Establishments and other stakeholders.

LIN is a common identifier for:

Registration Process for Labour Identification Number (LIN)

  1. Sign up on the Shram Suvidha Portal

    Sign-up on the Shram Suvidha Portal and a verification link will be sent to your email-id. After verifying, you will be re-directed to a new page for creating your User Id and Password. 

    (Note: Username and Password are case sensitive)

  2. Login to your account

    Login to your account by using the credentials used for signing up.

  3. Navigate to “Apply for New LIN”

    Labour Identification Number registration can be initiated after logging in to your account and clicking on “Apply for New LIN”

  4. Enter Establishment Details

    Enter your:
    a. Establishment Name
    b. Address of Establishment
    c. Establishment Setup Details like, setup date, PAN of the establishment, Establishment Category, and Ownership Type.

    Save draft and click on “Next”.

  5. Enter eContacts

    Further, enter your primary email-id and mobile number and click “Check Verify”. You will be sent a verification link on your email-id. Upon verifying the same, you will be sent an OTP to verify your mobile number.

    You can add multiple eContacts other than the primary eContact.

  6. Contact Person

    Thereafter, on the Contact Person tab, you will be required to enter-
    a. Representation Type 
    b. User Id (You can enter the same User Id you used to create the account)
    c. Upon clicking on “Search User Id”, the name, address, email and mobile number will be auto-filled.

  7. Identifiers

    Now, select any identifier from the dropdown list.

    For example, if you select “Permanent Account Number”-
    a. Enter the name as on the PAN Card in “Name of Identifier”
    b. Next, enter your 10-digit PAN number in “Identifier Value”
    c. Thereafter, enter the date on which the PAN was issued in “Date of Issue”,
    d. Lastly, enter the name of the authority issuing the PAN Card and upload the document.

  8. Entity Relationship

    If you have a related Company which possesses LIN, enter that establishment’s LIN. If you do not know the LIN, you may use the “Know Your LIN” facility to find it.

    In case you do not have a related establishment, you can move on to the next step.

  9. Additional Information

    If your establishment falls under section 2m(i), 2m(ii), or 85, select the appropriate section. However, if your establishment does not fall under any of those categories, click on “N/A”.

    Next, select whether any hazardous activity is conducted in your establishment. Additionally, select whether any dangerous activity is conducted in your establishment.

    Moreover, select if there is any seasonal Operation Type, Power HP.

    Then, enter the number of workers employed in your establishment as of the date and the NIC Code applicable to your establishment.

    Thereafter, enter a brief description of your establishment. 

  10. Acts Applicable

    After entering the additional information, select the Acts applicable to your establishment from the dropdown list.

    Then, enter the date of coverage, that is to say, from the date on which the Act commenced to be applicable to your establishment. Then, click on “Add”

    If you want to select multiple Acts, you can do so following the same procedure.

  11. Attachments

    Next, upload a document from the dropdown list as per your establishment category.

    After doing so, Click on the plus “+” symbol.

    Similarly, you may upload more documents.

    For example, if you are a PLC, you may select “Memorandum/ Articles of Association” and proceed to upload the same.

  12. Summary & Submission

    In this step, you can review and submit your application. 

    Select the office where you want to submit the LIN registration form from the dropdown list.

    If any details are pending, they will be shown in red at the bottom of the page. Next, enter the jurisdiction based on the location of your establishment.

    You can edit the application any time, however, you can edit the registration data after the submission of the form. Although, it is possible to do so after seeking the permission of the Regional head of Office.

  13. Know Your LIN

    Lastly, upon submission, you will receive an email containing an acknowledgement number.

    You can access the “Know Your LIN” facility and enter your establishment details to check whether you have been allotted a LIN.

    Moreover, you can use this facility to check the LIN of other establishments too.

  14. Raise/ Tack queries

    For queries regarding the LIN status, you may raise a new query or follow-up on previous query through the Shram Suvidha feedback portal.

FAQs

What is LIN?

LIN stands for Labour Identification Number and is issued by the Ministry of Labour and Employment

What is the purpose of LIN?

Government of India plans to do away with all employer codes issued by separate labour enforcement agencies such as ESIC, EPFO, CLC(C) and DGMS etc., by replacing them with new Labour Identification Number (LIN).

AGILE Pro Form- Overview

Ministry of Corporate Affairs introduced the new form SPICe+. AGILE Pro (Form INC-35) is the mandatory linked form to SPICe+. A person who wishes to incorporate a company has to fill AGILE Pro along with SPICe+, MoA and AoA. In this article we will learn the significance and procedure to file Agile Pro form.


Purpose of AGILE Pro

AGILE Pro provides the service for application for following purposes:-

  • Goods and Services Tax Identification Number (optional)
  • Employees Provident Fund Organisation registration
  • Employees State Insurance corporation registration
  • Profession Tax (in case of Maharashtra)
  • Opening of Bank Account of company


Documents required for form

  • Proof of Principal place of business (if applying for GSTIN)
  • Proof of appointment of Authorized signatory for GSTN (if applying for GSTIN)
  • Identity proof of Authorized Signatory for opening Bank Account
  • Proof of Address of Authorized Signatory for opening Bank Account
  • Specimen signature of Authorized Signatory for EPFO


Details required for form

  1. Details of subscribers and directors
    • Name
    • Address
    • DIN/PAN
    • Mobile no and email address
    • Photograph
  2. State Jurisdiction (Sector/circle/ward/charge/unit)
  3. Center Jurisdiction (Commissionerate/ Division/Range)
  4. HSN Code and SAC code



Procedure to fill Agile Pro

After filling and submitting SPICe+ Part B, user can fill Agile pro form.

  1. Click on Agile Pro

    Click on Agile Pro form and start filling the details.

  2. Complete the details related to GSTN

    Select whether you want to apply for GST or not.
    Select the State jurisdiction and Center jurisdiction.
    Choose the nature of possession of the place of business and enter the appropriate proof of place which you need to attach in attachments of form.
    If you want to go for the composition scheme then select ‘yes’, otherwise ‘no’.

  3. Details related to business

    Enter the primary business activity of your business and the nature of work.
    Enter the HSN code/SAC code for the business. The description will automatically get filled.

  4. Enter the details of directors and subscribers of the business.

    You will require to fill name, mobile no, and email address. Also attach their photograph the size of which should not exceed 100KB.
    In the case of an Authorized signatory, you will also require to verify mobile no and email address by entering OTP.

  5. Enter the other details

    Enter the details police station, inspection office.
    Furthermore, select the Bank name you want to opt for the bank account of your company.

  6. Attachments

    Attach the required documents. Check the declarations and enter the date and place. Enter the DIN/PAN of Authorized Signatory.

  7. Proceed to submit

    First, click on the check button. After the check is successful, click on save. Now submit the form.

  8. Download the form

    After all the forms of SPICe+ are submitted, download all the forms.

  9. Upload and make payment

    Upload the forms on MCA portal. SRN will get generated for the forms. Now make the payment.

Private Limited Company registration
expert assisted PLC registration
[Rated 4.8 stars by customers like you]
Private Limited Company registration
expert assisted PLC registration
[Rated 4.8 stars by customers like you]

FAQs

Where can one find the State jurisdiction that is required to be filled in Agile Pro?

A person can find the State jurisdiction that is required to be filled in Agile Pro from the official website of their respective State.

Which date should I enter in the Agile Pro form?

Always enter the date on which you will get the form signed and get it uploaded on the MCA site.

Is it mandatory to get the registration for GST through SPICe+ form?

No it is not mandatory to get the GST registration for your business through MCA site. However it is mandatory to get registration for EPFO , ESIC and Profession tax. It is also mandatory to get bank account open for your company through this form.

Is it mandatory to file Form INC-35 (Agile Pro) with SPICe+ Form while incorporating a Company?

Yes, it is mandatory to file the Form INC-35 with SPICe+ Form while incorporating a Company. Agile Pro is the mandatory linked Form to SPICe+.

Small Company as per Companies Act 2013

The Companies Act 2013 had introduced the concept of Small Company. It is not specifically registered with the specific name but is simply a Private Company with less amount of investment and less turnover. In a Developing Country like India, such a company plays a significant role.

Small Company under Companies Act 2013

According to Companies Act 2013, Small company means the company which satisfies the following conditions:-

  • It has paid up share capital of not more than 50 lakhs or such higher amount as may be prescribed which shall not be more than 10 crores
  • It has annual turnover of not more than 2 crores or such higher amount as may be prescribed which shall not be more than 100 crores.

    To become a Small Company, a Private Company requires to fulfill both of the conditions prescribed above.

Exceptions in case of Small Companies

A Company is not a Small Company if:-

  1. It is a Public Company.
  2. It is a Holding of another company.
  3. The company is a subsidiary of another company.
  4. The company is a Section 8 Company.
  5. It is a company governed by any Special Act.

Features of Small Company

  • Small company is a Private Company.
  • It has limited Area of operation.
  • It has a fewer number of employees.
  • Companies Act 2013 provides certain benefits to Small Company.
  • It holds a limited amount of Investment.
  • It has Separate legal entity from its owners.
  • The status of a Small Company may change from year to year as capital and turnover changes every year.

Privileges

Companies Act 2013 provides certain benefits to the Small companies which includes:-

  • Every company is required to hold 4 Board Meetings in a year. While a Small Company needs to hold only 2 Board meetings in a calendar year i.e. one board meeting in each half of the calendar year. However the gap between the two board meetings should not be less than 90 days.
  • In case of Small Company, the Annual Return can be signed by Company Secretary alone or if there is no CS, by a single Director only.
  • A Small company does not require to maintain a Cash flow statement as a part of its Financial Statements.
  • Every company needs to change its auditor by rotation according to Section 139(2) of Companies Act 2013. However Small company need not comply this section and hence is exempt from the requirement of this section.
  • A Small Company does not require to report in its Audit Report regarding Internal Financial controls and the operating effectiveness of the company.
  • In case of Small Company, Companies Act prescribes lesser penalties as compared to every other company.


Private Limited Company Registration
Expert assisted plan for incorporation of your Private Limited Company
[Rated 4.8 stars by customers like you]
Private Limited Company Registration
Expert assisted plan for incorporation of your Private Limited Company
[Rated 4.8 stars by customers like you]

FAQs

What is the difference between a small company and private company?

A small company is a private company whose capital does not exceed 50 lakhs or such higher amount as prescribed which shall not be more than 10 crores and turnover does not exceed 2 crores or such higher amount as may be prescribed which shall not be more than 100 crores while a Private company includes a Small Company.

What will be the consequence if my threshold limit for capital and turnover exceeds the limit prescribed for Small Company under the Companies Act 2013?

If the capital of a Small Company or turnover exceeds the threshold limit, it is no more considered as a Small Company and it can no more enjoy the privileges granted to a Small Company under the Act.

Promoter of a Company

According to Companies Act 2013, A Promoter in Company refers to the person who:-

  • has been named in the Prospectus of the company or is identified by the company in its Annual Return.
  • directly or indirectly, has control over the affairs of the company.
  • Advises, instructs, or directs the Board of Directors of the Company.

Promoter- Meaning

A Promoter is a person who is engaged in promoting the formation and incorporation of the Company. He conceives the idea of setting up the business and took the steps for the formation of the Company. However, the persons who assist in the incorporation of the company are the Professionals and not the promoters.

Characteristics of a Promoter in Company

  1. Promoter conceives the idea for the formation of the Company.
  2. He takes all the preliminary steps for the formation of the company.
  3. A Promoter may be:-
    • Any Individual
    • Any Firm
    • Association of persons
    • A Company
  4. A Promoter is neither agent nor trustee of the Company.
  5. The promoter can be more than one person.
  6. He acts in a fiduciary position for the Company

Legal Position of a Promoter

A Promoter is neither an agent nor a trustee of the Company. He acts in a fiduciary position towards the Company. He takes steps for the formation of the Company and incurs the preliminary expenses for the Incorporation of the Company like Registration expenses, Stamp duty payment, professional fees, etc.

Functions of Promoters of a Company

  • He generates the idea for the formation of a company and explores the opportunities.
  • The promoter makes a feasibility study for the Business.
  • He drafts or gets drafted the Memorandum of Association, Articles of Association, and other required documents for the proposed company.
  • He arranges finance for the Company.
  • Promoter arranges for the Subscribers of the company.
  • He takes steps to make preliminary contracts for the proposed company.
  • He defrays preliminary expenses.
  • Promoter decides about the following
    • Name of the Company
    • Type of Company
    • Location of Registered Office
    • Amount and form of Share Capital

Rights of Promoter

  1. In the case of more than one Promoter, he has the right to recover the proportionate amount from the co-promoter if he pays the entire expenses.
  2. The promoter can enter into preliminary contracts on behalf of the company.
  3. Promoter has the right to receive remuneration. However, there must be a valid contract for remuneration.
  4. He has the right to receive legitimate preliminary expenses.

Duties of Promoter

The Promoter of a Company has certain duties and liabilities towards the Company and co-promoters.

  • The promoter should not make any secret profit from the company. However, if he makes a secret profit he should disclose them.
  • He should disclose all the material facts relating to the company.
  • Furthermore, it is the duty of the promoter to make good to the Company.
  • He must exercise due diligence and care.
  • He should not make any contract prejudicial to the interest of the proposed Company.
  • The promoter must consider the company’s interest prior to his personal interest in case any conflict arises between the company’s interests and his interests.

Remedies available to Company against Promoter

If the Company promoter acts against its duties, the Companies Act provides some remedies to Companies against the promoters. Those remedies are:-

  1. Rescission of Contract
  2. Recovery of secret profits
  3. Suit against promoter
  4. Cancel right of receiving remuneration by the promoter


FAQs

What is pre-incorporation Contract?

A pre-incorporation contract is that contract that is entered by the promoter prior to the incorporation of the company.

Is Company liable and be sued for the pre-incorporation Contract?

The company is not liable for the pre-incorporation contract as the Company was not in legal existence when the contract was made. Hence Third Party cannot sue Company for the pre-incorporation contract.
However in case the Company ratifies the contract along with the acceptance of the third party or the company novates the contract, then only Company can be held liable.

What is the difference between promoter and director?

A promoter is a person who takes steps for the formation of a company. However, the director is the person who controls the day to day affairs of the company. Both can be the same or different in a company.

Types of Companies in India

A Company is an association of persons, however, it is a separate legal entity from its owners. It is a body corporate with perpetual succession and a common seal. It can sue and be sued in its own name. There are different types of business entities in India. In this article, we will discuss the different types of companies in India.

Types of Companies in India under Companies Act 2013

The following chart shows the Company types in India on the basis of different criteria.

Companies based on the Size

  1. Public Company
    A Public company is a company in which members can freely trade the company’s shares on the stock exchange. In simple terms, it means a company that can raise funds from the public.
  2. Private Company
    A private company is a company in which there is a restriction on the transferability of shares and can raise money through private placement.
    This company has two types- small company and one person company.
    • Small Company
      A small company is a company that has a paid-up share capital of not more than 50 lakhs or such higher amount as may be prescribed but not more than 10 crores, and a turnover of not more than 2 crores or such higher amount as may be prescribed which shall not be more than 100 crores.
    • One Person Company (OPC)
      One Person Company is a company which has only one person as a member. The Companies Act 2013 had first introduced the concept of OPC. Only a resident can incorporate an OPC.

Types of Companies on the basis of Liability

  1. Limited by shares
    In this type of company, the liability of members is limited to the unpaid amount on shares which they hold in the company.
  2. Limited by Guarantee
    In such a type of company, the liability of members is limited to the extent of the guarantee amount that they agree to pay at the time of liquidation of the company.
  3. Unlimited Company
    In the case of an unlimited company, the liability of the members extends to the entire company’s debts. The personal assets of members are liable for the payment of a liability of the company.

Types of Companies on the basis of control

  1. Holding Company
    A company in relation to another company is a holding company if it:-
    • holds more than half of the total share capital of that another company, or
    • holds a position of control in that company.
  2. Subsidiary Company
    If in a company, another company directly or indirectly holds more than half of its capital or holds a position of control then we call the company a subsidiary of that holding company.
  3. Associate Company
    Associate company is the company in which another company holds more than 20% of the share capital of the company.

Types of Companies on the basis of Stock

  1. Listed company
    In the case of a listed company, the company lists its shares on the stock exchange in India or outside India.
  2. Unlisted company
    The shares of the unlisted company do not list themselves on any stock exchange, hence we call it an unlisted company.

Other Companies

  • Government Company
    A government company is a company in which the Central Government, State government, or both holds not less than 51% of the paid up share capital.
  • Foreign Company
    A foreign company is a company which is incorporated outside India but has a place of business in India.
  • Section 8 Company
    A Section 8 Company is a Non-Profit Organization under Section 8 of Companies Act 2013. It has the promotion of Arts, Science, Commerce, Sports, Education, Social Welfare, the Protection of the environment, or any other charitable activity as its main objects.
  • Nidhi Company
    A Nidhi company is a type of Non-Banking Financial Corporation. It is basically formed to borrow and lend money among its members.
  • Dormant Company
    When a company is not active or inoperative, we call it a Dormant Company.
Private Limited Company Registration
Expert assisted plan for incorporation of Private Limited Company
[Rated 4.8 stars by customers like you]
Private Limited Company Registration
Expert assisted plan for incorporation of Private Limited Company
[Rated 4.8 stars by customers like you]

FAQs

I am a member in OPC. Can I incorporate another OPC and become member of it?

A person can be a member in one OPC only. If you are already a member in one OPC, you cannot become member in another OPC.

How can a dormant company get the status of active company?

A dormant company who wishes to get the status of active company has to file the application under Form MSC-4 to ROC. If satisfied with the application, ROC will issue a certificate under Form MSC-5 to the dormant company to get the status of active company.

What are the documents that one requires to register a Company India?

A person who wishes to incorporate a Company in India needs the following documents:-
1. Utility bills for Office address (not older than 2 months)
2. Stamped and Notarized Rent Agreement/ Lease Deed
3. No Objection Certificate from the owner of the place of Registered Office
4. PAN of all the directors
5. Identity Proof of Subscribers
6. Address proof of Subscribers (not older than 2 months)
7. Consent to act as Director (DIR-2)
8. Declaration by Subscriber/ Director (INC-9)

SPICe+ Form Overview

The Ministry of Corporate Affairs has introduced a new form for incorporation of companies under the Ease of Doing Business (EODB) initiative. The name of the form is SPICe+ form. The full form of SPICe is Specified Proforma for Incorporating a Company Electronically.

What is SPICe+Form?

It is an integrated web form which offers 10 services at one go thereby saving time and cost as well as simplifying the process for Starting a Business in India.

This form provides the facility for incorporation of any company including Private company, OPC, Producer company, Unlimited company, Section 8 company, Nidhi company or any other company.

Private Limited Company (PLC) Registration
CA Assisted Plan specially designed to help you incorporate your PLC
[Rated 4.8 stars by customers like you]
Private Limited Company (PLC) Registration
CA Assisted Plan specially designed to help you incorporate your PLC
[Rated 4.8 stars by customers like you]

Features of SPICe+ Form

  • SPICe+ offers 10 services in total which we split into two parts i.e. Part A and Part B.
    • The part A provides a person with the facility for reservation of name for his new company.
    • Part B offers the other nine services which are as follows:
      1. Incorporation of company
      2. Allotment of DIN
      3. Allotment of PAN of the Company
      4. Registration for EPFO
      5. Allotment of TAN of the company
      6. Registration for ESIC
      7. Profession Tax Registration (Maharashtra)
      8. Opening of Bank Account for the Company
      9. Allotment of GSTIN for the company

Forms for Incorporation of Company

The person who wishes to incorporate a Company needs to fill and upload following forms:-

  1. SPICe+ Part A (Reservation of Name)
  2. SPICe+ Part B
  3. Agile Pro Form
  4. SPICe MOA
  5. SPICe AOA
  6. INC-9 (Autogenerated)

Major Updates after the Introduction of SPICe+ Form

  • The SPICe+ form has replaced the old SPICe form for the incorporation of companies.
  • Furthermore, the AGILE Pro form has replaced the AGILE form through which the company needs to apply mandatorily for EPFO/ESIC/Bank Account at the time of filing the SPICe+ Form for the company.
  • The registration of EPFO and ESIC has become mandatory for companies incorporated on or after 15th February 2020.
  • Furthermore, the companies are also required to open a bank account through the AGILE-PRO form.
  • In case the total numbers of subscribers are less than 20 and have DIN or PAN the declaration of INC-9 will be auto-generated and will be uploaded with other linked forms in SPICe+.

Documents Required for SPICe+ Form

The Form SPICe + and its linked forms for incorporation of Company requires different attachments.

Attachments for SPICe+ Part B

  • Utility bills copy for office address (not older than 2 months)
  • Notarized and Stamped Rent agreement/ Lease Agreement for Registered office of Company (in case applicable)
  • NOC from the owner of the property
  • PAN of each Director (Mandatory)
  • Proof of identity of subscribers and directors (Passport/ Voter ID/Driving license)
  • Address Proof of subscribers and directors (Bank Statement/Electricity bill/ Mobile bill/ Telephone bill)- not older than 2 months
  • Proof of identity and address of Applicant I, II, III in case applying for DIN for directors
  • The interest of director in other entities along with the name and CIN/LLPIN/FCRN of an entity, designation, amount, and percentage of holding (in case the director has an interest in other entity)
  • Consent to act as director (DIR-2)
  • Declaration by first director(s) and subscriber(s) (INC-9)
  • Consent of Nominee (in case of OPC)

Attachments in Agile Pro Form

  • Proof of Office Address for GSTN
  • Proof of appointment of Authorized signatory for GSTN (in case applying for GST)
  • Specimen signature of Authorized signatory for EPFO
  • Proof of Identity of Authorized Signatory
  • Proof Of Address of Authorized Signatory
  • Photos of all the directors (Size up to 100KB)
Always check the size of your Incorporation Forms before uploading on MCA Portal. The size of any form of Incorporation should not exceed 6 MB. In case the size exceeds, forms will not be accepted by MCA.
Tip
Always check the size of your Incorporation Forms before uploading on MCA Portal. The size of any form of Incorporation should not exceed 6 MB. In case the size exceeds, forms will not be accepted by MCA.

Details required

  1. Company’s proposed names in the order of preference
  2. Correspondence and Registered office of the company
  3. Capital Structure of Company
  4. Contact Details of the company (contact no, email id)
  5. Names of directors (minimum 2 having valid DSC)
  6. Details of directors and subscribers
    • Father’s name
    • Address (present and permanent)
    • DIN/PAN/CIN
    • Date of Birth
    • Contact number
    • Email address
    • Place of birth
    • Occupation
    • Educational Qualification
    • Duration of stay at current address
    • Designation and holding in the company
    • Nationality and citizenship
SPICe+ Instruction Kit
You can also refer to this Instruction Kit of SPICe+ for filing this new web based form.
Download
SPICe+ Instruction Kit
You can also refer to this Instruction Kit of SPICe+ for filing this new web based form.
Download

Procedure for Incorporation of Company through SPICe+

Lets learn how to fill and upload SPICe+ for incorporation of a Company.

  1. Login to MCA

    Login to MCA portal. Go to ‘MCA services’ and click on ‘SPICe+’.

  2. New Application

    Click on ‘new application’. However if you have already filed Part A you can choose existing application.
    Fill Part A of the SPICe+. Furthermore complete all the details for reservation of name of the proposed company including:-
    Type of company
    Class of company
    Category of company
    Sub-category of company
    Main division of industrial activity of company (description will automatically get filled according to code user chooses)
    Particulars of proposed or approved name

  3. Automatic scrutiny of name

    Click on ‘Autocheck’ button for automatic scrutiny of proposed name. Click on ‘Save’ button.

  4. Submit Application

    Submit your application for Part A by clicking on ‘Submit’ button.

  5. Name approval letter

    MCA will provide you the Name approval letter. Furthermore MCA will provide the user 20 days time period for filling other forms and uploading on MCA site.

  6. SPICe+ Part B

    Now proceed for Part B of SPICe +.

  7. Enter required details in SPICe+ Part B

    Complete the basic details regarding the company to be incorporated which shall include:-
    Capital structure of the proposed company
    Address of the proposed company
    Contact details of the proposed company (email address and contact number of company)

  8. Subscribers and directors details

    Further enter the given details for subscriber and subscribers.
    Number of first subscribers of MoA and directors of company (having DIN or not having DIN)
    Particulars of first subscribers and directors of company
    Number and amount of shares subscribed
    Interest in other entity (if any)

  9. Stamp duty

    Click on prefill button. As a result, amount of stamp duty will get prefilled according to the respective State of ROC.

  10. Issuance of PAN & TAN

    Furthermore enter the details required for issuance of PAN and TAN. You need to enter the area code for PAN and TAN of the company.

  11. Fill in the required details

    Fill your sources of income. Enter the Business/Profession code.
    Upload the mandatory attachments in the eform. In optional Attachments you can attach Form INC-9 and DIR-2 for each partner.

  12. Submit the declarations

    Finally, submit the relevant declarations and click on pre scrutiny.

  13. Submit the form

    Once the pre scrutiny is successful submit the SPICe+. Fill the other linked mandatory forms :-
    AGILE Pro
    eMOA (Charter of the company)
    eAOA (Rules and regulations)
    INC-9

  14. Download the form

    After filling all the linked forms to SPICe+, download the Spice forms.
    Get the forms signed by director and professional who certifies the forms.

  15. Upload forms and make payment

    Further upload all the linked forms in proper sequence. If the upload is successful, SRN will get generated. However in case of failure it will show error.
    Now make payment. On successful payment receipt will be generated.

FAQs

I want to incorporate a private ltd company. How many names can I propose for my new company in SPICe+ application?

If you are making application for name reservation only i.e. SPICe+ Part A, then you can submit two names. If you are filing complete SPICe+ form, then you are allowed to propose only one name for your company.

What is the difference between SPICe form and SPICe plus Form?

SPICe Form is an eform which only offered the facilty of reservation of name of the company, incorporation of company and allotment of DIN. While SPICe Plus Form is an integrated web form offering 10 services which includes name reservation, incorporation, allotment of DIN, PAN, TAN GSTIN, EPFO registration, ESIC registration Profession tax registration and opening of bank account.

How many DINs can be applied for through SPICe+ while incorporating the company?

Maximum 3 DINs are allowed to be applied through a SPICe form while incorporating a company other than producer company. In case of producer company applicant can apply for maximum 5 DINs.

I want to incorporate a private limited company. Do I need to attach MoA and AoA in the SPICe+ attachments?

As you are incorporating a private limited company, you need not attach MoA and AoA in attachments to SPICe+. MoA and AoA are required to be filled as linked forms to SPICe+ which will then be uploaded on MCA site.

I have submitted and uploaded all the forms of SPICe+ and made payment for PAN and TAN. I am not able to make the payment for Stamp duty. Status of SRN is also showing pending. What should I do?

As you have uploaded the forms and made the payment for PAN and TAN , it might take 48 hours time to clear the payment. However the forms are successfully uploaded.

Procedure for Incorporation of Section 8 Company

A Section 8 Company is registered as a limited company under section 8 of Companies Act, 2013. It holds the licence from Central Government.The main purpose of establishing a section 8 company is to promote non-profit objectives. In case of incorporation as a public limited company there should be minimum three directors. And two directors in case of incorporation as a Private Limited Company. In procedure for incorporation of Section 8 company various forms are to filed with MCA.

Incorporation fees Calculator
Calculate Incorporation fees for Form filing, registration and stamp duty to register your business with MCA in India
Explore
Incorporation fees Calculator
Calculate Incorporation fees for Form filing, registration and stamp duty to register your business with MCA in India
Explore

The main purpose of a Section 8 company is to promote non-profit objectives such as:

  • Trade,
  • Commerce,
  • Arts,
  • Charity,
  • Education,
  • Religion,
  • Environment protection,
  • Social welfare,
  • Sports,
  • Research, etc. 
Private Limited Company (PLC) Registration
Online Company Registration. A Private Limited Company is the most popular type of corporate entity in India.
[Rated 4.8 stars by customers like you]
Private Limited Company (PLC) Registration
Online Company Registration. A Private Limited Company is the most popular type of corporate entity in India.
[Rated 4.8 stars by customers like you]

Procedure for Incorporation of Section 8 Company

To register a company under Section 8 you need to just follow these steps:

  1. Obtain a DSC of the proposed Directors of the Section 8 Company.

    Obtain DSC of at least one director to sign the E-forms related to incorporation.

  2. Once a DSC is received. File Form DIR-3 with the ROC for getting a DIN.

    For DIN application you will require Identity Proof and Address Proof

  3. Once the DIR-3 is approved.

    ROC will allot a DIN to the proposed directors.

  4. Draft MOA and AOA

    It should be noted that the main objects should match with the objects shown in RUN Form

  5. File Form RUN for reservation/availability of company name.

    Applicants can access the free name search facility of existing companies available on the MCA portal

  6. After approval, file Form INC-12 with the ROC

    For application of licence for the Section 8 company.

  7. Once the Form is approved by Central Government, a license under section 8 will be issued in Form INC-16.

    The Registrar shall have power to include in the license such other conditions as may be deemed necessary by him

  8. After obtaining the license, file SPICE Form 32 with the ROC for incorporation

    Along with the required attachments.

FAQs

What is the maximum number of members in case of limited company?

The maximum number of members in case of a private limited company can be 200. Further for a public limited company, there is no such limit.

What are the documents to be attached with Form INC-12?

The documents to be enclose with the application include:
a. Draft of MOA as per Form INC-13
b. Draft AOA
c. Declaration as per Form INC-14 (Declaration from Practicing Chartered Accountant)
d. Declaration as per Form INC-15 (Declaration from each person making application )
e. An estimate of future annual Income & Expenditure for next 3 years. Specifying the sources of the income and the objects of the expenditure.
Every subscriber shall sign the subscription pages of the MOA and AOA of the company. Along with his name, address, and occupation. This shall be in the presence of at least one witness who shall attest the signature and sign and add his name, address, and occupation.

What are the documents to be attached with SPICE Form 32?

Following are the documents to be attached with SPICE Form 32:
1. E- MOA and E -AOA.
2. INC-9 Affidavit and declaration by all subscribers and directors.
3. Declaration of deposits.
4. KYC of all Directors
5. Form DIR-2 along with a copy of the PAN Card and address proof of the directors.
6. Consent letter of all the directors.
7. Interest in other entities of the directors.
8. Copy of Utility bills (Not Older than 2 months).
9. NOC from the owner of the property if the premise is on lease/rent.

Form DIR-2 : Consent to act as Director of Company

Every individual who wishes to become a director needs to provide a declaration for Appointment and Qualification in form DIR-2. Form DIR-2 is the consent to act as a director of the proposed company. It contains details of DIN/ PAN, Name, Address, Contact Details, Occupation Details of each director of a company. It is a mandatory attachment while filing SPICe INC-32 on MCA Portal.

Incorporation of Company
Need help with Registering Company? Let an Expert help you
[Rated 4.8 stars by customers like you]
Incorporation of Company
Need help with Registering Company? Let an Expert help you
[Rated 4.8 stars by customers like you]

Form DIR-2 – Director Consent : Information required

The following information of the director is reported in Form DIR-2:

  • DIN / PAN of the director,
  • Full Name,
  • Father’s Name,
  • Address,
  • Email,
  • Mobile Number,
  • Nationality,
  • No. of companies in which the director is involved,
  • Particulars of Membership in case of professionals.

Who needs to attach DIR-2?

All the proposed companies should attach Form DIR-2 while filing SPICe INC-32 on MCA Portal. Individuals who wish to act as a director of the proposed company needs to provide DIR-2.

Only Directors of the proposed company needs to provide DIR-2. First Subscibers need not provide DIR-2
Tip
Only Directors of the proposed company needs to provide DIR-2. First Subscibers need not provide DIR-2

Notarized and Apostilled DIR-2 is only required in case of NRI Director.

Form DIR-2 – Director Consent

When to attach Form DIR-2?

DIR-2 needs to be filed as an attachment to SPICe INC-32. Hence it needs to be signed by the director before the filing of SPICe INC-32.

Download DIR-2 - Director Consent
Download Consent Form DIR-2
Download
Download DIR-2 - Director Consent
Download Consent Form DIR-2
Download

Steps to Attach DIR-2

Since this is an attachment of SPICe INC-32. You first need to gather Declaration from all the Directors of the company. Create a single PDF file of the same. And follow the below steps.

  1. Open SPICe Form INC-32

    Open the SPICe Form INC-32 – form for incorporation of company

  2. Navigate to Attachments

    Go to Attachments, click on Attach against Declaration by first subscriber(s) and director(s)

Make sure to optimize the size of the PDF file. Since there is a limitation of 6MB for each form uploaded on MCA Portal
Tip
Make sure to optimize the size of the PDF file. Since there is a limitation of 6MB for each form uploaded on MCA Portal

FAQs

Are the documents required to be Notarised and Apostilled for the incorporation of a company in case of an overseas Subscriber and Director?

The documents has to notarize before the Notary of such country and the certificate of the Notary shall be authenticated by a Diplomatic or Consular Officer empowered in this behalf under Section 3 of the Diplomatic and Consular Officers Act, 1948. attested by Public Notary and authenticated by the Indian Embassy in the country of residence.

Is it mandatory to appoint a Resident Director in a Company?

Yes, there is a mandatory requirement to appoint at least One Resident Director in a Company. Section 149(3) of the Companies Act. 2013 states that every company should have at least one director who has stayed in India for a total period of not less than 182 days in the Financial Year.

Form INC-9 : Declaration by Subscriber / First Director

While filing SPICe INC-32 form for incorporation of a company, Form INC-9 for declaration by Subscriber / First Director of a company needs to be attached. It is a mandatory attachment while filing SPICe INC-32 on MCA Portal. This declaration contains the following information:

  • Name of Proposed Company,
  • Declaration regarding the Correctness of Information Provided in SPICe Form,
  • Name of the Subscriber/ First Director,
  • Declaration regarding No Conviction or Offence Registered under Companies Act, 2013
  • Declaration regarding No Fraud or Misfeasance Committed under Companies Act, 2013
Incorporation of Company
Need help with Registering Company? Let an Expert help you
[Rated 4.8 stars by customers like you]
Incorporation of Company
Need help with Registering Company? Let an Expert help you
[Rated 4.8 stars by customers like you]

Who needs to attach INC-9?

Form INC-9 needs to be attached by all the proposed companies while filing SPICe INC-32. Following individuals needs to provide INC-9:

  • All the subscribers of the new company,
  • All the First Directors of the new company.
Only declaration by first subscribers and directors in INC-9 is mandatory. Affidavit is NOT required to be filed.
Tip
Only declaration by first subscribers and directors in INC-9 is mandatory. Affidavit is NOT required to be filed.

Notarized and Apostilled INC-9 is only required in case of NRI Subscriber/ First Director.

Form No. INC-9 – Subscriber Declaration

When to attach Form INC-9?

INC-9 needs to be filed as an attachment to SPICe INC-32. Hence it needs to be prepared and signed by subscriber/ first director before the filing of SPICe INC-32.

Draft Form No. INC-9
Downlaod Declaration in Form No. INC-9
Download
Draft Form No. INC-9
Downlaod Declaration in Form No. INC-9
Download

Steps to Attach Form INC-9 – Subscriber Declaration

Since this is an attachment of SPICe INC-32. You first need to gather Declaration from all the Subscribers and First Directors of the company. Create a single PDF file of the same. And follow the below steps.

  1. Open SPICe Form INC-32

    Open the SPICe Form INC-32 – form for incorporation of company

  2. Navigate to Attachments

    Go to Attachments, click on Attach against Declaration by first subscriber(s) and director(s)

Make sure to optimize the size of the PDF file. Since there is a limitation of 6MB for each form uploaded on MCA Portal
Tip
Make sure to optimize the size of the PDF file. Since there is a limitation of 6MB for each form uploaded on MCA Portal

FAQs

Is filing Affidavits mandatory while filing form INC-9?

Affidavits as per Section 7(1)(c) of the Companies Act, 2013 is not required. Only declaration by the first subscriber(s) and director(s) in form INC-9 is mandatory.

What are the changes made in form INC-9?

Declaration by the subscribers and the first directors in INC – 9 shall now be auto-generated in PDF format and submitted electronically.

How would form INC-9 be generated?

INC-9 shall be auto-generated in pdf format and would have to be submitted only in electronic form in all cases, except where:
(i) Total number of subscribers and/or directors is greater than 20 and/or
(ii) Any such subscribers and/or directors has neither DIN nor PAN