AGILE New E-Form INC 35 - Ministry Of Corporate Affairs. In this post, you will get to know all about the e-form INC 35 (AGILE).
One such initiative came to the fore when the Ministry of Corporate Affairs (MCA) announced the launch of a new form named AGILE New E-Form INC 35, on the 29th of March, 2019. And new amendments are called Companies Third Amendment Rules, 2019.
There has been a lot of talk in recent times focused on the ease of doing business in India. This is because the legal framework surrounding corporate affairs is quite complex and seemingly entangled. There is the taxation system and then there are regulations aimed at thorough corporate governance as well. The gap between these two pillars of the legal framework can feel tedious to business owners as they have to comply with two separate authorities. So to catalyze business in the Indian economy the government has taken various initiatives to bridge this gap and therefore improve the ease of doing business in India.
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 the Application for Incorporation under rule 38, which was announced in 2014.
In the amendments made, the SPICe form which is mandatory for the incorporation of a company will be accompanied by the 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 2019.
- EPFO (Employees Provident Fund Organization) with effect from 8th April 2019.
- ESIC (Employee State Insurance Corporation) with effect from 15th April 2019.
The advantage of filling the 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 With 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 the SPICe e-form
It is mandatory to file the INC 35 along with the submission of the 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 the 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 on the class, category, or subcategory 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
The AGILE e-form and SPICe e-form are to be signed by the director of the company and both forms have to be signed by the same person.
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 goods 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 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 in one go, without any long procedures.
Conclusion
As can be seen in this article, these forms require certain technical details and information to be filled out and so it is always recommended that a professional with technical knowledge and experience with filling such forms is consulted before submitting these forms so that the process is smooth and error-free. If you have any other queries about such regulatory matters or need help with submitting these forms, get in touch with us and we will ensure that our team of experts is there to assist you with your requirements.
