MOA & AOA IN SPICE FORM

[Dhara Shah]

Dear All,

In case of foreign subscribers ,Can ull pls confirm we need to file hard apostille copies of MOA & AOA in SPICe 32 form right??

E-MOA & E-AOA will not applicable to Foreign Subscribers right ??

Pls confirm. its urgent

Thanks & Regards,

Dhara Shah

Company Secretary.

Email :- csdha...@gmail.com

[CS Sudhir Sutar]

Yes...

FAQs On SPICe Forms

8

• What are the exceptional scenarios in which pdf attachments (MOA, AOA) should be used instead of eMoA, eAoA with SPICe (INC-32)?

  The table below clarifies the specific scenarios in which the pdf attachments or electronic versions of MoA/AoA can be used with SPICe (INC-32):

  S. No.	Applicant	Forms Filing
  1	Non-Individual first subscriber based outside India	SPICe (INC-32) with apostillised MOA and AOA as attachments
  2	Non-Individual first subscriber based in India	SPICe (INC-32) with linked filing of eMOA (INC-33) and eAOA (INC-34)
  3	Indian National being Subscriber other than director	SPICe (INC-32) with linked filing of eMOA (INC-33) and eAOA (INC-34)
  4	Indian National being Subscriber-cum-Director	SPICe (INC-32) with linked filing of eMOA (INC-33) and eAOA (INC-34)
  5	Foreign National being Subscriber other than director having valid DIN	SPICe (INC-32) with linked filing of eMOA (INC-33) and eAOA (INC-34) alongwith Valid Business Visa to be submitted. In case Business Visa is not available, apostillised MOA and AOA shall be attached and in such cases, eMOA (INC33) and eAOA (INC-34) are NOT acceptable.
  06	Foreign National being Subscriber-cum-Director having valid DIN	SPICe (INC-32) with linked filing of eMOA (INC-33) and eAOA (INC-34) alongwith valid Business Visa to be submitted. In case Business Visa is not available, apostillised MOA and AOA shall be attached and in such cases, eMOA (INC33) and eAOA (INC-34) are NOT acceptable.
  7	Foreign National being Subscriber-cum-Director not having valid DIN	SPICe (INC-32) with apostillised MOA and apostillised AOA as attachments.

  Note: In all the above mentioned cases, the maximum number of subscribers allowed shall be 7 for filing of SPICe form.

  Stakeholders may kindly note that in case SPICe (INC-32) has been filed with linked filing of eMOA (INC33) and eAOA (INC-34) without attaching business visa as required under Rule 13 (5) (d) of the Companies (Incorporation) Rules, 2014, the form is liable to be rejected (Marked as Invalid and Not to be taken on record) without putting for resubmission.

Thanks & Regards,

CS Sudhir Sutar

Office :

#12-D, First Floor, Lengade Hostel, 
Beside Gogte Petrol Pump, Khanapur Road, 
Tilakwadi, Belgaum - 590006 


Phone :

+91 9743767488 | 0831-4217488 


Email :

in...@sudhirsutarcs.com | sutar...@gmail.com
Website:http://sudhirsutarcs.com/

 

 
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[CS Vaishali Upadhyay]

Dear Dhara,

Recently I have incorporated a Company with two foreign nationals And as mentioned in FAQ's I have followed the same and attached the physical copy of apostilled MOA and AOA copy to form SPICE-32. But while submitting the form one error occured which says that you have to compulsorily file SPICE-33 and SPICE-34 as linked Form to SPICE-32.

After that we have prepared e-MOA and e-AOA then linked the Forms with SPICe-32 and submitted and its been approved.

In case of any other query Please feel free to contact me,

Thanks with regards,

CS Vaishali Upadhyay

PRACTISING COMPANY SECRETARY

Email : csvaishal...@gmail.com