A Company/LLP incorporated or going to incorporate in India requires to file various forms with MCA. These forms include incorporation related forms like SPICe+, RUN as well as Compliance related forms like AOC-4, MGT-7, ADT-1, etc. Filing of these forms requires fees to be paid on MCA Portal itself.
However, the User is not aware most of the times, about the amount of the payment to be made. In this article, we will learn that how can we enquire about the fees to be made with the forms even before filing them on MCA using the ROC fee calculator.
Fees that can be enquired on MCA
One can enquire his Company or LLP related fees on MCA that needs to be paid with the Forms.
How can I enquire the fees of Stamp duty to be paid while filing incorporation forms for the Company?
Go to MCA Portal and Click on enquire fee under MCA Services Tab. Click on Companies and select the SPICe Form from dropdown. Select the purpose of filing. Enter the other details required to fill. At last click on Calculate fee. It will show the Stamp duty payable for the incorporation of your Company.
What is the fees for RUN Form in case of Company?
The fees for RUN Form in case of Company is Rs. 1000
What are the different modes of payment available for making MCA fee payments?
The different modes of payment available to make MCA fee payments are Debit card, Credit card, Net banking, Challan, NEFT or you can also opt to pay later for some services.
Ministry of Corporate Affairs has introduced a new form for the incorporation of companies named SPICe+. This form has increased the significance to understand the procedure to upload linked forms. This form has five linked forms including SPICe+, Agile Pro, MoA, AoA, and INC9.
MCA defines a proper sequence while filling and uploading the linked forms. Once the forms are filled and signed by directors and professional, the User needs to upload the forms on the MCA portal. In this article, we will read learn the procedure to upload linked forms on the MCA portal.
Points to consider while uploading linked forms
Before uploading the e-forms, the user must ensure that the forms to upload are properly signed and dated along with consideration to system requirements prescribed by MCA.
However, if the user does not fulfill the above requirements, it can lead to failure to upload the forms.
A person can upload a maximum of 10 linked forms on MCA.
Furthermore, Consider the proper sequence while uploading the forms as prescribed by MCA. For example, if the case is of incorporation of a company, the sequence will be:-
Procedure to upload linked forms on MCA Portal
In case of MCA filing, the person needs to upload the forms on MCA Portal. Furthermore, uploading of linked forms on the MCA portal needs to be done through the following steps
Go to the MCA Portal and login into your MCA account.
Select upload e-forms
Click on MCA services. Under e-filing select the option ‘Upload e-forms’. A screen to upload forms will get displayed.
Click on normal forms/ Resubmission SRN as the case may be. Select linked forms.
Add more linked forms
Click on the ‘Add more linked forms’ option to add more linked forms. A User can add maximum of ten linked forms.
Browse the file
Click on Browse and select the forms that are to upload. Ensure the sequence is right while uploading the linked forms otherwise, it will show an error on upload.
Click on Upload to upload all the linked forms.
After the pre scrutiny check happens and after the successful upload, SRN will get generated for the uploaded forms. However, if there is an error in upload, MCA will show a box containing an error on the screen.
After successful upload of the forms, proceed to make payment. Once the payment is successful, the receipt will get generated.
How many maximum linked forms can I upload on MCA?
You can upload a maximum of ten linked forms on MCA site at a time.
How will I get to know that are linked forms uploaded successfully or not?
If your forms are uploaded successfully the SRN will get generated for forms over the screen. However, if forms are not uploaded successfully, the screen will show a box showing errors in the upload.
What are the errors that MCA shows while uploading linked forms?
The common error that is shown while uploading linked forms is that linked forms are not in the proper sequence. It will also show you the sequence to be followed while uploading the linked forms. Apart from that, it will also show an error if DSC attached on the form is not registered with MCA or not affixed properly.
If I have submitted and uploaded all the linked forms of SPICe+ for the incorporation of my Company and the payment for PAN and TAN has been made while the payment for stamp duty is pending, should I consider my forms upload successful?
Once you upload the forms, SRN will get generated if there is no error. It means that the upload is successful. Then it will redirect you for payment. In your case, if PAN and TAN payment is made, it takes time sometimes for clearance of payment. You can track the SRN on MCA and can proceed further for payment of stamp duty.
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.
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.
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.
Company’s proposed names in the order of preference
Correspondence and Registered office of the company
Capital Structure of Company
Contact Details of the company (contact no, email id)
Procedure for Incorporation of Company through SPICe+
Lets learn how to fill and upload SPICe+ for incorporation of a Company.
Login to MCA
Login to MCA portal. Go to ‘MCA services’ and click on ‘SPICe+’.
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 ofname 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
Automatic scrutiny of name
Click on ‘Autocheck’ button for automatic scrutiny of proposed name. Click on ‘Save’ button.
Submit your application for Part A by clicking on ‘Submit’ button.
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.
SPICe+ Part B
Now proceed for Part B of SPICe +.
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)
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)
Click on prefill button. As a result, amount of stamp duty will get prefilled according to the respective State of ROC.
Issuance of PAN & TAN
Furthermore enter the details required for issuance ofPAN and TAN. You need to enter the area code for PAN and TAN of the company.
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.
Submit the declarations
Finally, submit the relevant declarations and click on pre scrutiny.
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
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.
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.
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.
A Public Limited Company is a separate legal business entity having limited liability with a minimum of 3 directors & 7 members. The securities of a limited company are traded on a stock exchange. Therefore, it is mandatory to file annual compliances by Public Limited company on time as per dates defined by ROC. Further, the public company enjoys huge benefits like
Borrowing capacity, etc.
However, failure in filing compliances by Public Limited Company on time leads to heavy penalties on business.
Is there any penalty for not filing the Annual Filling?
Yes. Penalty is levied in case of delay in annual filling or non filing.
Who should sign annual filling e-Forms?
A Director of the company and a CA/ CS should digitally sign Annual return.
When is annual return of Public Limited Company?
Public Limited Company should file Annual returns every year. Along with the Balance Sheet, P&L Account, and other documents. However, it is different from the income tax return and it’s governed by the Ministry of Corporate Affairs.
A Public Limited Company is a separate legal business entity having limited liability. The securities of a Public limited company are traded on a stock exchange. In order to register as a Public Limited Company, the company must have a minimum of 3 Directors and 7 Shareholders. And should also have Rs 5 Lakhs as Paid-up Capital.
It will take you to another Portal. Now login using your MCA credentials.
Under entity type select Public Limited Company. You don’t need to add CIN since it for existing registered companies. Enter the proposed name make sure it is not similar to the existing name.
Fill in the required information.
Click on the Auto check. Further, if the name matches an entry in the database, it will show an error. Once the proposed name is error-free, you need to pay a minimum amount of Rs. 1000 run the similarity test and to reserve the name.
If the proposed name is approved by the Ministry. You will receive a notification about the same on your registered email address.
Download all the forms of incorporation on MCA Website.
File Form INC-12 also known as SPICe form.
For application of licence for Public Limited Company.
Can a salaried person become director of company ?
Yes, there is no legal hurdle. However employment agreement may have some restriction.
What are the primary requirements for a public limited company?
Following are the primary requirements of Public Company: – The minimum number of shareholders must be 7. – File accounts within 6 months of the year-end. – The minimum Paid-up share capital must be Rs. 5 lakhs. – The minimum number of Directors is 3.
Can an NRI/Foreign National be a director in Public Limited Company? and If Yes, then what are the conditions for the same?
Yes, an NRI or Foreign National can also be a shareholder or director in a Public Limited Company of India. However, for becoming a director, such a person must possess the DIN issued by MCA.
Limited Liability Partnerships have more priority over the general partnership structure as it is much more beneficial for the partners. It is a business structure that integrates the advantages of the company’s corporate structure and the flexibility of the partnership. The conversion of a partnership firm to LLP shall be as per Section 55 of the Limited Liability Partnership Act 2008 read with Schedule II of the Act.
LLP is a separate legal entity with compulsory registration with the central government. However, it is not the case with the partnership firm. LLP offers a host of features mentioned below making it more attractive than a partnership firm:
Limited liability protection,
Ability to take on an unlimited number of partners and
Once the process of incorporation is complete by filing Form FiLLiP, the next step is to register the LLP Agreement with MCA.
File LLP Form 3 for LLP Agreement registration which contains details of LLP agreement along with partners resolution with MCA.
On successful conversion into LLP ROC shall issue Certificate of Incorporation of LLP.
Further when the LLP is incorporated and the Partnership Firm is converted the Partnership Firm would be deemed to be dissolved.
What documents are needed to convert a partnership into an LLP?
Following documents are necessary to convert a partnership into an LLP: – Address proof of the office – Regulatory authority’s approval – Details of all the partners and directors – Consent of all the partners and directors – Latest income tax return filing – NOC from tax authorities – Creditors and their consent – Certified liabilities and assets of the partnership
Whether any Annual Return would be required to be filed by an LLP?
Every LLP would be required to file an Annual Return with ROC. LLP shall duly file Annual Return in e- Form-11, with the Registrar. Along with the prescribed fee, within a period of 60 days from the end of every financial year.
What is the difference between designated partner and partner?
Both designated partners and partners are categorized differently in LLP. Additionally, the designated partners are more liable than the partners. Further, they are accountable for the day to day business activities as well as for all regulatory and legal compliances.
Let us first understand what is a public and private limited company. Public Limited Company is a separate legal business entity. In addition the shares of this company are traded on the stock exchange for the general public. Whereas Private owners own a private limited company. This type of entity limits the owner’s liability to their ownership stake. Further PLC also restricts shareholders from publicly trading shares. The main advantage of Public Company is that it can raise reserves on a large scale. Here are benefits when you convert PLC into a Public Limited Company.
Raising Capital: The biggest advantage of being a Public Limited Company is that it can raise capital from the public by issuing shares. However, this would require listing on the stock exchange.
Share Transfer: Shareholders can transfer shares of Public Limited Company easily. Therefore shareholders have a benefit of liquidity by filing the share transfer form and hand over the share certificate to the buyer.
Greater Credibility: As per Company Law, 2013 a Public Company has to compulsorily present its financial stats and position publicly to maintain transparency. It also has to convene the Annual General Meeting for all the shareholders. These compliances bring a great deal of credibility.
Other Financial Opportunities: Listing of Public Limited Company helps in improving the creditworthiness of the company when issuing corporate debt.
The process to convert Private Limited Company(PLC) into Public Limited Company
Here is a detail procedure for voluntary conversion of Private Limited Company into Public Limited Company:
Conduct a Board Meeting.
Pass a Board Resolution to get the in-principal approval of Directors for conversion. And also for increase in number of directors upto 3, if directors are less than 3. Further fix date, day and time for conducting Extra-ordinary General Meeting to get an approval of shareholders.
Send notice to shareholders along with agenda and explanatory statement as per Companies Act, 2013.
In EGM, pass Special Resolution to get shareholders approval for Conversion of Private Company into a Public company. In addition obtain approval for alteration in the Articles of Association for such conversion.
For alteration in AOA file the below forms along with the copy of special resolution with concerned ROC.
File Form MGT-14 within 30 days of passing the resolution at EGM on the MCA Website. After that file E-Form INC 27 for conversion of the company with MCA along with necessary attachments.
After receiving the documents, ROC shall satisfy itself that the company has complied with requisite provision for conversion.
Further which ROC shall enclose the previous registration and issue a fresh Certificate of Incorporation.
Who controls a Public Limited Company?
Shareholders are the owners of a public limited company. However, they elect a board of directors who make decisions on behalf of the business.
Why would a private company (PLC) change to a public company?
Shares in a public company are easily transferable in comparison to the PLC. Further the shareholders can sell the shares and benefit from its liquidity. Therefore this acts as an incentive for people to invest as they are not bound to remain with the company forever.
What are the requirements in order to convert into Public Limited Company?
The company should fulfill the following requirements before converting into Public Limited Company: – DSC for 1 Director – Minimum 7 Shareholders – DIN for all directors – Minimum Authorized Share Capital of Rs 5 lakhs – Minimum Paid up Share Capital of Rs.5 lakhs – Director and shareholder can be the same person – Minimum 3 Directors
What are the Documents required for conversion of PLC to Public Company?
Following are the documents required for conversion: – Copy of PAN Card of Directors – Passport size photograph of Directors – Copy of Aadhaar Card/ Voter identity card – Copy of Rent agreement, if property is on rent. – Electricity/ Water bill (Business Place) – Copy of Property papers (If owned property) – In addition to rent agreement NOC of Landlord
Conversion of an OPC to Private Limited Company can be voluntarily or by compulsion. In both the cases, there is a need to follow proper procedure. And shall require necessary alterations in the MOA and AOA of the OPC. However, it may be noted that the conversion of an OPC into a Private Limited Company as per Section 18 of the Companies Act, 2013 and the rules of Companies (Incorporation) Rules of 2014, shall not affect the existing debts, liabilities, obligations or contracts of the OPC. In addition, these will inevitably be discharged by the newly formed private limited company. Further, there may be two scenarios to convert OPC into Pvt Ltd Company.
It is mandatory for an OPC to convert into a Pvt Ltd Company within 6 months if it surpasses the below-given parameters:
Paid up share capital of an OPC exceeds Rs.50 lakhs and
Average annual turnover of immediately preceding three consecutive financial years exceeds 2 crores.
During the conversion, the members have to just pass a special resolution in the general meeting. Further, obtain No Objection Certificate from creditors and other members before passing the resolution.
Process for Compulsory Conversion
Convene a general meeting and pass Resolution for increase in the number of Directors and shareholders.
For converting an OPC to a Private Limited Company, there should be at least 2 shareholders and 2 directors.
OPC cannot convert itself into a Private Limited Company for a period of two years from the date of incorporation.
Further when two year time period is over OPC can apply for converting itself into Private Limited Company.
OPC has to communicate voluntary conversion to a ROC in Form INC-5 within sixty days.
For conversion pass a resolution to increase the number of directors and shareholders.
For converting to a private limited company, OPC should have minimum of 2 directors and 2 members.
Can OPC appoint Members before to meet the minimum compliance requirement of Private Company before conversion?
No, the One Person Company can have only one member and therefore the Company cannot increase the members before conversion. However, after conversion, it shall increase the number of members to meet the minimum compliance requirement.
What is the effect after conversion of OPC to a private limited company on the liabilities of previous company?
The conversion shall not affect, the liabilities, debts or obligation of the company in any way. Therefore, the company shall be liable for all its previous obligations.
There are two payment options on the MCA Portal after eForm is uploaded successfully. You can select Pay Now option and make payment immediately or you can select Pay Later option. Uploaded eForm will be processed only once payment of fees is done. You can use Track Payment Status service to check the payment status of uploaded eForm or to download the paid challan copy.
Steps to Track Payment Status: MCA Portal
Go to MCA Portal
Click on MCA Services > Fee and Payment Services > Track Payment Status
Enter the SRN of the uploaded eForm. Click on the Submit.
In the Track Payment Search Box, enter the SRN Number, and click Submit.
The status will appear. No action is required if the payment status is Paid.
And you can download the copy of eForm Challan/Receipt/Acknowledgement by clicking on it.
If the payment status is Not Paid. You can go to Pay Later services to make payment of fees.
How can I download MCA Paid Challan?
You can download the copy of challan using Track Payment Status service of MCA. Following are the steps to download MCA paid challan:
– Go to mca.gov.in, – Go to MCA Services > Fee and Payment Services > Track Payment Status, – Enter SRN of uploaded eForm and click Submit, – Click on copy of eForm Challan/Receipt/Acknowledgement to download copy of Paid Challan.
What are the different mode available for making MCA fees payment?
The different modes of payment available are: – Credit card/ Debit Card (Pay online) – Challan (Generate the Challan online, fill it and deposit it off-line at an authorized bank branch) – NEFT – Net Banking (Pay online)
Which Banks provide a Net Banking Payment facility for making MCA Payments?
Net banking payment facility of following bank is available on MCA Portal – State Bank of India – Punjab National bank – ICICI Bank – HDFC Bank – Union Bank of India – Indian Bank – Union Bank of India
The Ministry of Corporate Affairs (MCA) wants the companies and LLPs in India to comply with the COVID-19 form for the safety of all of us in such an alarming situation.
This form has a few simple steps concluding that the company is in accordance with the COVID-19 guidelines including work from home policy. The deadline to submit this form is on 30th March 2020.
Steps to file the COVID-19 form on MCA Portal:
Go to MCA Portal
Visit the MCA Portal i.e. official website for ROC compliances
Navigate to COVID-19
Go to MCA Services > COVID- 19 and login to your account with valid credentials
Select CIN or LLPIN
Select CIN in case of a Company and select LLPIN in case of an LLP
Enter CIN or LLPIN
Enter the CIN / LLPIN Number. Click on Pre-fill and all your registered information will be automatically loaded
Read the COVID-19 guidelines and click on Yes or No
Select Authorised Signatory
Select an authorized signatory of the company/LLP i.e DIN/PAN/membership number
Enter DIN / PAN / Membership Number
As per what you have selected in the above mentioned step enter your DIN/PAN/Membership number. Click on Pre-fill
Enter mobile number for OTP
Fill your registered mobile number for OTP. Click on Send OTP
Enter OTP, Verify OTP and Submit
Enter your OTP once received. Click on Verify OTP and Submit
A pop-up thank you message will be displayed. Your COVID-19 form is now completed
What is the purpose of the COVID -19 form by MCA?
Ministry of Corporate Affairs (MCA) has made COVID- 19 form mandatory for companies and LLPs in order to help prevent the spread of Coronavirus disease. All companies and employees should comply with the guidelines from time to time as a precaution.
Is there a penalty for not filing COVID-19 form?
No. There are no such penalties levied by the Ministry of Corporate Affairs (MCA) for non-filing of COVID-19 form.
Is it mandatory to file COVID-19 form?
No. It is not mandatory to file the COVID-19 form. The form is built to measure the readiness of the companies to deal with COVID-19.