How do I incorporate a private limited company using the SPICe+ form?

Question

I want to register a new private limited company in India and keep hearing about SPICe+, DIN and DSC. What is the actual process? I would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "How do I incorporate a private limited company using the SPICe+ form?" turns on Companies Act 2013, Section 7, Companies Act 2013, Section 152, Companies Act 2013, Section 154 and Information Technology Act 2000, Section 3. The points below set out the position and then what to do about it, in the order it should be done.

Section 7 of the Companies Act 2013 requires incorporation applications to be filed with the Registrar of Companies through the integrated SPICe+ web form along with the memorandum and articles.

Every proposed director must obtain a Director Identification Number under Section 152 and a Class 3 Digital Signature Certificate recognised under the Information Technology Act 2000 to sign e-forms.

Section 154 empowers the Central Government to prescribe the manner of DIN allotment, which SPICe+ now handles simultaneously with incorporation for up to a specified number of directors.

SPICe+ integrates name reservation, incorporation, PAN, TAN, EPFO, ESIC and GST registration into a single web-based application, reducing multiple separate filings.

The Registrar issues a Certificate of Incorporation under Section 7(2) only after verifying subscriber declarations, registered office proof and identity documents.

What to do next: 1) Obtain digital signature certificates for all proposed directors and subscribers; 2) Reserve the company name through Part A of SPICe+ or apply directly in Part B; 3) File SPICe+ with the MOA, AOA, registered office proof and identity documents; 4) Download the Certificate of Incorporation and PAN/TAN once approved.

If you are unsure whether your facts fall inside Companies Act 2013, Section 7, that is worth checking with an advocate before you commit to a route, because switching later costs time. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in corporate law.