Incorporation rules amendments

Recently, the Ministry of Corporate Affairs have integrated the incorporation process with various other Central Government registration services like GST, ESIC and EPF, For this purpose, MCA has introduced a new form called as AGILE which is Application for Goods and services tax Identification number, Employees State Insurance Corporation registration plus Employees Provident Fund organisation registration (AGILE).

Now to start a business, the entrepreneurs need not wait several days for processing from one department to another, everything will be integrated by Ministry of Corporate Affairs.
Saranya Deivasigamani,
CEO

AGILE FORM

AGILE or INC-35 is an additional, optional e-form to be linked with SPICe Form (INC-33).

eForm AGILE INC-35 is required to be filed pursuant to rule 38(A) of the Companies (Incorporation) Rules, 2014. The application for incorporation of a company under rule 38 (A) shall be accompanied with e-form AGILE (INC-35).

Any user who intends to incorporate company through SPICe eform can now also apply for GSTIN / Establishment code as issued by EPFO / Employer Code as issued by ESIC through this eform (INC-35). User is required to file application (SPICe) for incorporation of a company accompanying linked e-form AGILE “Application for Goods and services tax Identification number, employees state Insurance corporation registration pLus Employees provident fund organisation registration” along with eform SPICe MOA (INC-33) and eForm SPICe AOA (INC-34) to obtain GSTIN / Establishment Code / Employer Code.

This process will be applicable only for Companies incorporated by MCA through SPICe application. Other categories of applicants (Tax Deductor, Tax Collector, Casual Taxable person, ISD, etc.) for GSTIN shall follow the existing process of registration through Common Portal for GST registration

Similarly, other type of establishment such as Factory shall follow the existing process of registration through Common Portal for EPFO & ESIC registration.

Key points to be noted while preparing AGILE

GST

Applying for GSTIN / EPFO / ESIC at the time of incorporation is not mandatory.
In case the applicant wish to apply for any additional services at the time of incorporation, applicant can select the type of service that they need to register.
The state and district for which GST / EPFO / ESIC registration needs to be obtained should be same as entered in SPICe eform.
If the establishment is on Lease or hired on rent, mention From and To Date from the Lease / Rental Agreement.
Option for composition is available in the form to be selected and declaration of composition be given.
The applicant has to carefully identify the business categories, HSN Code, SAC Code as provided by the CBIC website (www.cbic.gov.in)
The number of director / Primary Owners / Office Bearers details can be entered for less than or equal to 5 directors / Primary Owners / Office Bearers. Minimum number of proposed directors’ details to be entered for OPC shall be 1, 2 in case of private company, 3 in case of public limited company and 5 in case of Producer Company.
The Director / Primary Owners / Office Bearers cum Authorised signatory must have valid PAN and must be Citizen & Resident of India.
Either DIN / PAN should be entered for Authorised Signatory. In case DIN is entered, click on Prefill button. PAN and applicant’s full name will be prefilled based on / Primary Owners the information available in the MCA records. In case PAN is entered, all details must be entered by the applicant.
A valid Indian mobile number and email Id has to be provided. The mobile number and email Id will be verified through OTP.
Photo of proposed director cum authorised signatory has to be attached. Size of photo shall not exceed 100KB. Only .JPG format is allowed.

IEC

‘Police Station’ as applicable for the purpose of ESIC registration has to be mentioned.
The appropriate Branch & Inspection office has to be selected.

Attachments

Each attachment has different size limits such as:

Property Tax Receipt – 100 KB
Municipal Khata copy – 100KB
Electricity Bill – 100 KB
Rent/ Lease Agreement – 2MB
Consent Letter – 100KB
Rent receipt with NOC (In case of no/expired agreement) – 1MB
Legal ownership document – 1MB
Letter of Authorisation – 100 KB
Copy of Resolution passed by BoD/ Managing Committee and Acceptance letter – 100KB
Specimen Signature from http://www.mca.gov.in/Ministry/pdf/specimensignature_07042019.pdf shall be downloaded, fill the requisite information as applicable, scan it and attach the same in AGILE form.

Declaration shall be made by director / Primary Owner / Office Bearer who is also an Authorised Signatory

Month: May 2019