Application for Incorporation of Companies
This rule guides the process of registering a company. It now requires using a simplified electronic form called SPICe+ (Simplified Proforma for Incorporating company Electronically Plus: INC-32) and submitting it to the Registrar along with the applicable fee.
If the company’s objectives involve sectors regulated by entities like the Reserve Bank of India or the Securities and Exchange Board, the company must obtain approval from these regulators before pursuing such objectives. This approval needs to be declared during the incorporation stage.
Rule 12 The Companies (Incorporation) Rules, 2014
An application for registration of a company shall be filed, with the Registrar within whose jurisdiction the registered office of the company is proposed to be situated, in 2,3[SPlCe+ (Simplified Proforma for Incorporating company Electronically Plus: INC-32)] along with the fee as provided under the Companies (Registration offices and fees) Rules, 2014;
Provided that in case pursuing of any of the objects of a company requires registration or approval from sectoral regulators such as the Reserve Bank of India, the Securities and Exchange Board, registration or approval, as the case may be, from such regulator shall be obtained by the proposed company before pursuing such objects and a declaration in this behalf shall be submitted at the stage of incorporation of the company]
Amendment:
1. Substituted by The Companies (Incorporation) Amendment Rules, 2018 :-Original Content
2. Substituted by The Companies (Incorporation) Amendment Rules, 2020 Dated 06th February,2020. Effective from 15th February, 2020
in rule 12, for the words and figures ‘Form No INC-32(SPICe)’ the words and figures ‘SPICe+ (Simplified Proforma for Incorporating company Electronically Plus: INC-32)’ shall be substituted.
3. Substituted by The Companies (Incorporation) Amendment Rules, 2020. Dated 18.02.2020 Amendement Effective From 23.02.2020
in rule 12, for the words and figures ‘Form No INC-32(SPICe)’ the words and figures ‘SPICe+ (Simplified Proforma for Incorporating company Electronically Plus: INC-32)’ shall be substituted.
Original Omitted Content:- 12 Application for Incorporation of Companies.-
An application shall be filed, with the Registrar within whose jurisdiction the registered office of the company is proposed to be situated, in 2[“Form No.lNC-7 (Part I company and company with more than seven subscribers) and Form No,lNC-32 (SPICe)”] along with the fee as provided in the Companies (Registration offices and fees) Rules, 2014 for registration of a company:
1[Provided that in case pursuing of any of the objects of a company requires registration or approval from sectoral regulators such as Reserve Bank of India, Securities and Exchange Board, registration or approval, as the case may be, from such regulator shall be obtained by the company before pursuing such objects and a declaration in this behalf shall be submitted at the stage of incorporation of the company.”]
Amendment
1. Inserted by Notification Companies (Incorporation) Second Amendment Rules, 2015 Dated 29th may, 2015.
2. Substituted by Notification Companies (Incorporation) 5th Amendment Rules 2016 Dated 29th December 2016. (The Amendment shall come into force w.e.f. 1st January, 2017)
In Rule 12, for the words and figures
“Form No.INC.2 (for One Person Company) and Form no. INC.7 (other than One Person Company)”
the words and figures
“Form No.lNC-7 (Part I company and company with more than seven subscribers) and Form No,lNC-32 (SPICe)” shall be substituted.
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