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Can SPICe+ reserve a name without incorporating?

By CA CMA Ajay Biwal Updated

Can SPICe+ reserve a name without incorporating?

SPICe+ can reserve a name without incorporating the company. Part A is the name reservation and can be filed on its own. Part B, which incorporates the company and carries the linked services, is filed after that name is approved, or both parts are filed together.

No. Part A can reserve the name on its own. Part B is enabled after that reservation is approved.

What is Part A?

Part A asks for the proposed name and the details the reservation needs. If it is filed alone, Part B stays closed until the name is approved. A name reserved this way is the 20-day reservation for a new company, which rule 9A can extend. That period is on the name-extension page. Changing the name of a company that already exists uses RUN, not Part A. What the web form is, and what it replaced, is on the SPICe+ page.

What is filed with Part B?

Part B carries the incorporation. The linked forms are AGILE-PRO, the electronic memorandum, the electronic articles, and INC-9 where that declaration applies. PAN, TAN, and the EPFO and ESIC registrations are issued with the company. They are not a second application after the certificate. How a private company is formed is on the private-company page. What the memorandum must contain is on the memorandum page.

What is not mandatory in the same form?

GST is allotted only if the company applies for it. A bank account can be requested in the linked form, and it can also be opened later. Profession tax is included only where that state is linked. It is not a Maharashtra-only rule frozen in 2020, and it is not a tax of every state. URC-1 is filed when an existing firm, LLP, or other entity converts into a company. A company that is new does not file it.

Frequently asked questions

Four questions cover filing the parts separately, GST, a bank account, and URC-1.

Must Part A and Part B be filed together?

No. Part A can reserve the name on its own. Part B is enabled after that reservation is approved. The two parts can also be filed together.

Is GST issued in every incorporation?

No. A GSTIN is allotted only if the company applies for it in the linked form. PAN and TAN are issued with the certificate.

Is a bank account forced through the form?

No. The linked form can include an application for a bank account. The company is not blocked from opening an account separately.

Does every incorporation file URC-1?

No. URC-1 is the conversion form for an existing entity that becomes a company. A fresh company does not file it.

Sources

SPICe+ is the web form for incorporating a company. Part A reserves the name. Part B incorporates. How long a reserved name lasts is rule 9A.

  1. What SPICe+ is
  2. How long a reserved company name can be extended
  3. Private limited company registration
  4. What a memorandum of association contains