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MCA AGILE e-form INC 35

To promote ease of doing business the Ministry of Corporate Affairs (MCA) announced the launch of a new form named AGILE New E-Form INC 35. By filing the AGILE PRO-S form together with the SPICe Plus incorporation form, companies would be enrolled automatically for GST, EPFO, ESIC, Professional tax registration, the opening of bank account, and Shops and Establishment Registration in one go. 

It is mandatory to fill both the SPICE and AGILE e-forms as they are uploaded together. While filling in the AGILE e-form is mandatory, it is not compulsory to register the company at the time of incorporation.

Number of Proposed directors’ details in the AGILE e-form:

The details of the company’s proposed directors to be provided in the AGILE E-form would depend on the category or sub-category, class entered in the SPICe e-form. The number of directors would be:

  • 1 in the case of One person companies (OPC),
  • 2 in case of Private limited companies,
  • 3 for Public limited companies, and
  • 5 in the case of Producer companies.

Signing the AGILE e-form:

The form needs to be digitally signed by the Proposed Director / Primary Owner who has signed the SPICe+ form. Both the SPICe+ form and the AGILE-PRO-S form shall be signed by the same director who is also the authorized signatory. The Form should be digitally signed by an Authorized Signatory who is a citizen and resident of India and have PAN.

Declaration required for AGILE e-form:

  • GST declaration shall be enabled only if the application is being made for issuance of GSTIN.
  • Profession Tax declaration shall be enabled only if the company is proposed to be situated in Maharashtra.
  • ESIC/EPFO and Bank declarations shall be enabled in all cases.

What registration can be made by the company through AGILE e-form?

The following are the registration to be made by the company through AGILE form:

  • Goods and Service Tax Identification Number (GSTIN),
  • Employee State Insurance Corporation (ESIC) registration
  • Employees’ Provident Fund Organization (EPFO) Registration
  • Profession Tax Registration
  • Opening of Bank Account
  • Shops and Establishment Registration Number

Purpose of AGILE e-form:

The main purpose of introducing AGILE form are:

  • The form reduces the compliance stress of companies and saves their time from filling individual forms for obtaining different registrations under different acts. With this single form AGILE, companies would be able to enlist their name under Goods and Service Tax (GST), Employee Provident Fund Organisation (EPFO), and Employee State Insurance Corporation (ESIC), Professional tax registration, the opening of bank account, and Shops and Establishment Registration in one go. 
  • The new rules embed the AGILE e-form INC-35 with the incorporation /registration application of the company that is Form SPICe.
  • The company with specific details will only be required to furnish some additional details to apply for multiple registrations at the same time.

Documents required for Filing AGILE e-form:

To file eForm AGILE form, the company need to attach the following documents:

  • Proof of Principal place of business
    • Property Tax Receipt
    • Municipal Khata copy
    • Electricity Bill
    • Rent/ Lease Agreement
    • Consent Letter
    • Rent receipt with NOC (In case of no/expired agreement)
    • Legal ownership document
  • Proof of appointment of Authorized Signatory for GSTN
    • Letter of Authorisation
    • Copy of Resolution passed by BoD/ Managing Committee and Acceptance letter
  • Letter of Authorisation/ Copy of Resolution passed by BoD / Managing Committee and Acceptance letter
  • Proof of Identity of Authorized Signatory for opening Bank Account
  • Proof of Address of Authorized Signatory for opening Bank Account
  • Specimen Signature of Authorized Signatory for EPFO

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Note: This Post was last updated on May 5, 2023

Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation i.e. May 5, 2023. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, We assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. We assume no responsibility for the consequences of use of such information. IN NO EVENT SHALL WE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION.

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