All that you need to know about MCA – AGILE new e-Form INC-35 By Priyanka - October 31, 2019 Last Updated at: Dec 19, 2019 4963 Introduction The Ministry of Corporate Affairs (MCA) announced the launch of a new form named e-form AGILE, on the 29th of March. And new amendments are called Companies Third Amendment Rules, 2019. AGILE stands for Application for Registration of the Goods and Services Tax Identification Number (GSTIN), Employees’ State Insurance Corporation (ESIC) registration plus Employees Provident Fund Organization (EPFO) registration). Moreover, this form is an amendment to Application for Incorporation under rule 38, which was announced in 2014. In the amendments so made, the SPICe form which is mandatory for the incorporation of a company will be accompanied by new AGILE e-form under INC-35. Under this e-form, there will be applications for the registration of the following numbers: GSTIN (Goods and Services Tax Identification Number) with effect from 31st March’19. EPFO (Employees Provident Fund Organization) with effect from 8th April’19. ESIC (Employee State Insurance Corporation) with effect from 15th April’19. The advantage of filling AGILE e-form with SPICe is that, along with the incorporation, the company will also be enrolled automatically for the various registration numbers namely, EPFO, GST and ESIC. Application for GSTIN through AGILE forms This form applies only to those companies that intend to be incorporated by the Ministry of Corporate Affairs (MCA) under the SPICe application form. The companies applying for the SPICe form can further extend their applications for GSTIN. The companies falling under other categories such as Tax collector, ISD registration, Casual taxable person, etc. will have to follow the registration process through the common portal for all to get their GST registration done. While applying for the GSTIN, the correspondence address must be the same as the address of the registered office which has been entered in the SPICe form. Filing INC 35 along with the submission of SPICe e-form It is mandatory to file the INC 35 along with the submission of SPICE e-form to get the company incorporated as mentioned according to the Third Amendment Rules, 29th March 2019. While it is mandatory to file INC 35, it is optional to fill in the application for GSTIN along with the SPICe e-form. A facility has been made available to the general public to view master details of any company/LLP registered with Registrar of Companies by the MCA. Number of proposed directors that can be added in the AGILE e-form The details of the proposed MCA directors that are to be entered in the AGILE e-form vary. It depends according to the class, category or sub-category that has been entered in the e-form. The number of proposed directors according to these will be: One person companies(OPC)- 1 Private Limited Companies- 2 Public Limited Companies- 3 Producer Companies- 5 Signing the AGILE e-form Either the AGILE e-form and SPICe e-form are to be signed by the director of the company. Or whosoever has signed the SPICe e-form must sign the AGILE e-form. File Your GST Details and particulars required in the AGILE e-form The details and particulars that have to be submitted while filing in the AGILE e-form are as follows: Jurisdiction details. Details regarding the possession and the lease of business premises. Reasons for availing the registration for the company. Details and information about the good and services provided by the company. The type and nature of the business that is being performed. Details about the directors or party owners. Details about the employees. Along with the above-mentioned details, the form must also be attached with the following details: Letter of Authorization (LOA). Resolution copy along with the Acceptance letter that has been passed by the Managing Committee. Purpose to fill the Agile e-form Introduction and filling in of the AGILE e-form is a measure to get the company incorporated by the Ministry of Corporate Affairs (MCA). This form also reduces the task of applying for the GSTIN, EPFO and ESIC registration numbers separately by integrating both the SPICE and AGILE e-forms. Highlights of the AGILE e-form 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. The AGILE e-form is also known as INC 35. All the three utmost important registration numbers- GSTIN, EPFO and ESIC can be obtained through a single AGILE e-form. But, if one wishes to take only the GSTIN, it is also possible and allowed. New registration for the GST for the normal taxpayers or the composition can be done under this form. Conclusion As such, the AGILE e-form is an improvement and a better step for the registration of the company. As well as, it helps in obtaining the GST number for the same. Along with that, the AGILE form will act as a single-window in order to get all the things including incorporation, registration, obtaining the important numbers and other regulatory formalities simultaneously and at one go, without any long procedures.