Instruction Kit for SPICe+ MOA (INC-33)

(Memorandum of Association)

Table of Contents

About this Document .................................................................................................................... 2

Part I – Law(s) Governing the web form .................................................................................... 2
Purpose of the Web form .......................................................................................................................... 2
Part II – Instructions to fill the web form................................................................................... 3
Specific Instructions to fill the web form SPICe +MOA (INC-33) at Field Level ................................... 3
Common Instructions to fill web form ...................................................................................................... 5
Part III - Important Points for Successful Submission ............................................................. 6
Fee Rules................................................................................................................................................... 6
Processing Type ........................................................................................................................................ 6
Email ......................................................................................................................................................... 6
Annexure A ............................................................................................................................................... 7

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 Instruction Kit for SPICe+ MOA (INC-33)
(Memorandum of Association)

About this Document

The Instruction Kit has been prepared to help you file web form with ease. This documents
provides references to law(s) governing the web form, instructions to fill the web form at field
level and common instructions to fill all web form. The document also includes important points
to be noted for successful submission.

User is advised to refer instruction kit specifically prepared for each web form.

This document is divided into following sections:

Part I – Law(s) Governing the web form

Part II – Instructions to fill the web form
Part III – Important Points for Successful Submission
Click on any section link to refer to the section.

Part I – Law(s) Governing the web form

{Pursuant to Schedule I (see Sections 4 and 5) to the Companies Act, 2013}

Purpose of the Web form

 Memorandum of Association

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 Instruction Kit for SPICe+ MOA (INC-33)
(Memorandum of Association)

Part II – Instructions to fill the web form

Specific Instructions to fill the web form SPICe +MOA (INC-33) at Field Level
Instructions to fill the web form are tabulated below at field level. Only important fields that
require detailed instructions to be filled in web form are explained. Self-explanatory fields are not
discussed.

S. No/ Field Name Instructions

Section
Name
1 Table applicable to Select the applicable standard table as notified under Schedule I
company as to the Companies Act, 2013.
notified under
Based on selected table, relevant fields would be displayed
schedule I of the
companies Act, below.
2013
2 1 The Name of the Name shall be pre-filled based on data entered in SPICe+ Part A
Company is

3 2 The Registered Address shall be pre-filled based on data entered in SPICe+ Part
office of the B
company will be
situated in the state
of
4 3a The objects to be Give the correct details of the objects to be pursued by the
pursued by the company
company on its
incorporation are
5 3b Matters which are Mention the matters that are necessary for furtherance of the
necessary for main objects mentioned in field 3(a) above
furtherance of the
objects specified in
clause 3(a) are
6 Table The share capital Enter total authorized share capital of the company.
A: 5 of the company is
Mention the details of distinct kind of share capital having same
Table nominal per share, in each row. In case subclasses of equity and
C: 6 preference are required, then use the same format in any other
document and attach the scanned copy.
Table
E: 5 For adding more rows, select “, and” option in the last column
of the current row.

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 Instruction Kit for SPICe+ MOA (INC-33)
(Memorandum of Association)

S. No/ Field Name Instructions

Section
Name
7 Table Particulars of Enter same particulars of nominee as mentioned in form
A: 7 nominee SPICe+ (INC-32), in case of OPC

8 Subscriber Mention the details of subscribers in the prescribed format.

Details table
Name, address, Details of the subscribers shall match with form SPICe+ (INC-
Description and 32) hence enter same DIN or PAN or Passport number as
Occupation mentioned in that form for individual subscriber and/or
authorized representative of body corporate subscriber.

Maximum details of subscribers allowed through form SPICe+

MoA (INC-33) is seven. In case of more subscribers, please
attach MoA and AoA to SPICe+(INC-32)

Sum of subscribed share capital shall match with form SPICe+

(INC-32). This is applicable in case of company having share
capital.

9 Signed before me Enter the details of the witness along with his/her DSC

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 Instruction Kit for SPICe+ MOA (INC-33)
(Memorandum of Association)

Common Instructions to fill web form

Buttons Particulars
Pre-Fill The Pre-fill button can appear more than once in an web form. The
button appears next to a field that can be automatically filled using the
MCA database.

Click this button to populate the field.

Note: You are required to be connected to the Internet to use the Pre-
fill functionality.
Check Form 1. Click the Check Form button after, filling the web form. System
performs form level validation like checking if all mandatory
fields are filled. System displays the errors and provides you an
opportunity to correct errors.
2. Correct the highlighted errors.
3. Click the Check Form button again and. system will perform
form level validation once again. On successful validations, a
message is displayed “Form level pre scrutiny is successful”.
Note: The Check Form functionality does not require Internet
connectivity.
Modify The Modify button is enabled, after you have checked the web form
using the Check Form button.

To make changes to the filled and checked form:

1. Click the Modify button.
2. Make the changes to the filled web form.
3. Click the Check Form button to check the web form again.

PDF conversion Once SPICe+ MOA is filled completely with all relevant details, the
same would then have to be converted into pdf format for affixing
Download DSCs. Thereafter digitally signed PDF application can be uploaded
along with SPICe+ form as per the normal process.

Changes/modifications to SPICe+ MOA (even after generating pdf

and affixing DSCs), can be made up to five times by editing the same
web form application which has been saved, generating the updated
pdf, affixing DSCs and uploading the same.

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 Instruction Kit for SPICe+ MOA (INC-33)
(Memorandum of Association)

Part III - Important Points for Successful Submission

Fee Rules
S. Purpose of Fee applicable
No. the form
1. SPICe+ MOA As per Companies (Registration offices and Fees) Rules, 2014 –
(INC-33) Annexure A

Fees payable is subject to changes in pursuance of the Act or any rule or regulation made or
notification issued thereunder.

Processing Type
The eForm will be filed as linked form with SPICe+ (INC-32) and will be processed in Non-STP
mode

Email
Certificate of Incorporation will be sent on the mail ID of the company as specified in the
application form mentioning the CIN of company.

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 Instruction Kit for SPICe+ MOA (INC-33)
(Memorandum of Association)

Annexure A

Registration fee for Memorandum of Association (MOA) (in case of company having share capital)

Nominal Share capital Other than OPCs and Small OPC and *Small Companies
Companies
Fixed For every 10, 000 Fixed For every 10, 000
or part thereof or part thereof
Up to 1, 00, 000 N/A N/A N/A N/A
More than 1,00,000 up to N/A N/A N/A N/A
5,00,000
More than 5,00,000 up to N/A N/A N/A N/A
10,00,000
More than 10,00,000 up N/A N/A N/A N/A
to 15,00,000
More than 15,00,000 up 51,000 + 300 12,000 + 200
to 50,00,000
More than 50,00,000 up 1,56,000 + 100 1,56,000 + 100
to 1,00,00,000
More than 1,00,00,000 2,06,000 + 75 2,06,000 + 75

If fee payable on the authorized capital is exceeding Rupees two crore and fifty lakhs then the fee
applicable shall be limited to two crore and fifty lakhs only.

Registration fee for Memorandum of Association (MOA) (in case of company not having share capital)

Number of members Fee applicable

Up to 20 members N/A
More than 20 but up to 200 members 5,000
More than 200 members (If number of members not 5,000 + Rupees 10 for every member, after
stated as unlimited in AOA) the first 200

The maximum fee payable to the Registrar for registration of a new company not having share
capital is fixed at rupees 10,000.

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