Clarification on company incorporation

[S Arun Kumar]

Dear Professionals,

I seek your suggestions regarding the following situation.

I had previously applied for company name approval, and the name was approved. However, due to unforeseen circumstances, I could not file the SPICe+ Part B forms for incorporation within the validity period, and the name approval has now expired.

Can I proceed with the incorporation application by attaching the earlier name approval letter, or is it necessary to obtain fresh name approval before filing for incorporation? Kindly clarify the correct process.

Thanks in advance.

 

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Faith fully.., 

Arun Kumar 

Mob: 7411550821 

[Rimjhim Gupta]

You need to apply for fresh name & once new application is approved then only you can proceed with Spice Part B.

In your present scenario, you will not be able to file Spice Part B.

Regards,

Rimjhim Gupta
Practicing Company Secretary
Fellow Member, The Institute of Company Secretaries of India (ICSI)
Address: D-1101, Pride Springfields, Survey No. 55/2
Gubbalala Main Road, Uttarahalli, Bangalore – 560061
Contact: +91-9986429276

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[S Arun Kumar]

Okay, then I will go with a new name application.

Thank you so much for the reply.

Regards

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Faith fully.., 

Arun Kumar 

Mob: 7411550821 

[Vinod Kumar Agarwal]

In my opinion, you can apply for name approval and incorporation simultaneously by attaching previous Name approval in Spice Part A and proceed for incorporation process.

However in such scenario, chances of objection still remains, as it is at the discretion of CRC. If possible, it is advisable to go through Name approval separately for a trouble free process.

Vinod Agarwal, Advocate

98 101 94149

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[CA Rahul Srivastava]

Go for direct incorporation. And attach name approval.

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[Umesh Vyas Ahmedabad]

In this case, the whole incorporation process will get frustrated if CRC objects on the validity of name reservation. So please first apply for a name reservation separately. 

Regards, 

FCS Umesh Vyas

Practising Company Secretary

Ahmedabad

M-91-9427630539  

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With Best Regards,

Umesh Vyas

B.Com., LL.M., FCS

Umesh Vyas & Associates

Practising Company Secretaries

31, Shaival, Opp. Rajpath Club, S.G. Highway,

Ahmedabad-380015

Contact: +91-9427630539

[Prahalad Kumar]

I am facing the same issue. I applied for the fresh name application but the name is not available. Mca websites is not updated and still shows the name is reserved and by the same support mca personnel rejects   the application. 

Customer support confirmed that the name has been released and available but websites shows still reserve.

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[Rimjhim Gupta]

In such cases, please attachment saying “……..the name was applied but got expired……”

Give all the details with SRN & promoters etc it should work 

Regards,

Rimjhim Gupta
Practicing Company Secretary
Fellow Member, The Institute of Company Secretaries of India (ICSI)
Address: D-1101, Pride Springfields, Survey No. 55/2
Gubbalala Main Road, Uttarahalli, Bangalore – 560061
Contact: +91-9986429276

To view this discussion visit https://groups.google.com/d/msgid/gyan-gurukul-cs-divesh-goyal/CA%2BrxBcJY7-w6%2BWkNYt7AY7OspjE1P8W34wE9RK%3D4%2Bw2eXtvXAg%40mail.gmail.com.

[Arun Kumar Maitra]

The name is typically reserved for 20 days, and if the SPICE+ Part B application is not submitted within this period, the name reservation will expire, and a new application must be filed to reserve the name. 

CA CS Arun Kumar Maitra

Practicing Company Secretary

Kolkata 

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[ANSHU SINGHAL 0283]

Hi,

You can seek extension of your name allotted by paying Rs.1000. It will extent the validity period for next 20 days.. once you pay the amount, you can initiate the incorporation with same name.