Companies (Incorporation) Amendment Rules, 2017

The  Ministry of Corporate Affairs (MCA) has issued the Companies (Incorporation) Amendment Rules, 2017 (“Amendment Rules”) to further amend the Companies (Incorporation) Rules, 2014 (“Principal Rules”).  As per the amendment rule, the format of SPICe INC - 32 (Application for Incorporation) and format of Form INC - 11 (Certificate of Incorporation) has been amended. This rule has come into force with effect from 30 January 2017.

The key provisions in the amendment have been summarised below for your reference:

•             The Amendment Rule prescribes the revised format of SPICe INC - 32 to include application for both PAN and TAN in the application for incorporation of the company;

•             The Amendment Rule prescribes the revised format of Form INC - 11 to include the PAN of the company where it is issued by the Income-tax Department in the Certificate of Incorporation.

Further, following are the important notices published on the main page of MCA:

•         Filing of SPICe forms (including resubmissions) is not permitted temporarily with effect from 28 January 2017 until 31 January 2017. Thereafter, the MCA21 system will accept a new version of the SPICe form for fresh filings, as well as an old version of SPICe for the filing of previously marked resubmission cases. No PAN or TAN will be allotted for applications which were filed before 30 January 2017;

•         Revised Form INC-7 (form for incorporating Part 1 Companies and Companies with more than 7 Subscribers) is made available on MCA portal with effect from 15 January 2017 for filing purposes. Kindly note that for incorporating OPCs and Companies (up to seven subscribers), SPICe INC-32 should only be used.

To read the full text of the Amendment Rule and important notices