The Ministry of Corporate Affairs had introduced e-form INC-32 - SPICe (Simplified Proforma for Incorporating Company Electronically), in October 2016. The Ministry has since then received positive feedback from stakeholders and professional chambers on SPICe. Ink signed signatures have been replaced with Digital Signatures in the Memorandum of Association and Articles of Association which are submitted as linked forms to SPICe. Authenticity of information submitted in the eform is ensured by obtaining declaration to that effect from the professional, such as an advocate/ chartered accountant / cost accountant / company secretary in practice, who certifies that the particulars mentioned in the form including the attachments have been verified from the original/certified records maintained by the applicant and found them to be true, correct and complete. The professional then digitally signs and submits the e-form. In addition, the person named in the Articles of Association as a director/manager/secretary of the company also has to give a declaration confirming the fulfilment of all requirements for registration under the Companies Act and Rules thereunder. Any false statement in this regard is punishable under section 448 of the Companies Act, 2013. Detailed Instruction Kit and Frequently Asked Questions (FAQs) on SPICe form are available on the Ministry’s website for the information and guidance of the stakeholders.

This was stated by Shri Arjun Ram Meghwal, Minister of State for Corporate Affairs in written reply to a question in Lok Sabha today.

Digital signature requirement for company incorporation ensures professional verification and director declaration, with false statements criminally punishable. SPICe replaces ink signatures with digital signatures and requires a practising professional to verify and digitally certify that form particulars and attachments are true against original or certified records; the person named as director/manager/secretary must also declare compliance with registration requirements, and false statements attract criminal liability under the Companies Act.