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The AGILE form, also referred to as e-Form INC-35, is a mandatory form to be filed along with the application (SPICe+) to incorporate a company. To simplify the process for registration of the Goods and Services Tax Identification Number (GSTIN), Employees’ State Insurance Corporation (ESIC) registration plus Employees Provident Fund Organization (EPFO) registration) and opening of bank account for the newly incorporated company, MCA (Ministry of Corporate Affairs) launched AGILE-PRO.
Who shall sign the AGILE-PRO-S form?
The director who has signed the SPICe+ eform should sign the AGILE-PRO-S form. The same director shall sign both the SPICe+ form and the AGILE-PRO-S form.
How many proposed directors can one add to the AGILE-PRO-S form?
Details of proposed directors entering the AGILE-PRO-S form would be based on the class, category, or sub-category entered in SPICe+ eform. The number of directors shall be 1 in the case of OPC, 2 in the private company, 3 in the public limited company and 5 in the producer Company, respectively. The details of such proposed director undertake in the AGILE-PRO-S form should match the facts as documented in the SPICe+ form for the same person.
How many banks have been integrated through AGILE-PRO-S?
Presently, State Bank of India, Punjab National Bank, HDFC, Kotak, Bank of Baroda, UBI, Induslnd, Axis, and ICICI Bank have been integrated with AGILE-PRO-S opening a bank account. Gradually many public and private sector banks would also be migrated with AGILE-PRO-S.
Who can all apply for ESIC service through the AGILE-PRO-S form?
Any user who intends to incorporate the company through SPICe+ eform shall apply for employer code issued by the employee’s state insurance corporation through this eform. User must file eform SPICe+ along with eform SPICe+ MOA (INC-33) and eform SPICe+ AOA (INC-34) and AGILE-PRO-S form to acquire employer code. This process will be relevant only for companies incorporated by MCA through the SPICe+ application. Factories intending to get employer code as issued by ESIC shall follow the existing registration method through their respective common portal for registration.
By filing the AGILE e-form together with the SPICe+ form, companies would be enrolled automatically for GST, EPFO, and ESIC in one go. It is optional to claim for GSTIN, and GST registration can be done under both the traditional taxpayer as well as under composition scheme, however, using for Establishment code as issued by EPFO, Employer Code as issued by ESIC, Profession Tax registration (in Maharashtra/Karnataka) and opening of bank account is mandatory at the time of incorporating a company by the filing of INC-35 form along with SPICe+ form.
Recently, MCA (Ministry of Corporate Affairs) through Companies (Incorporation) Fourth Amendment Rules, 2021 has updated Form no. INC-35 (AGILE PRO) to Form no.INC-35 (AGILE-PRO-S) facilitates users wishing to incorporate company through SPICe+ to avail of “Shop and Establishment Registration”.
Now, the User can apply for Shops and Establishment Registration/GSTIN/Establishment code issued by EPFO/ Employer Code as published by ESIC or all the services through AGILE-PRO-S form.
However, Shops and Establishment registration is optional. For the time being, it is accessible only for new companies incorporated in the State of Delhi. But, it is recommended to opt for this registration as no first-time registration will be provided by the Labour department portal.
User opting for Shops and Establishment Registration through the AGILE-PRO-S form will receive registration number once the company is incorporated at MCA portal and COI and PAN has been ideally validated by Labour department.
At AJSH, we assist our clients in setting up their business in India and dealing with various corporate matters (Company incorporation, ROC Compliance, Company winding up), bookkeeping, tax filings & assessments, payroll, auditing, trademark registration, business structuring etc. If you have any questions or wish to know about the recent amendments under AGILE-PRO-S, kindly contact us.
