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MCA New e-form AGILE-PRO-S

MCA New e-form AGILE-PRO-S

The Ministry of Corporate Affairs (MCA) vides a Notification dated 7^th June 2021 notified the Companies (Incorporation) Fourth Amendment Rules, 2021. With this amendment, MCA has notified the new e-form AGILE-PRO-S (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. The present article briefs the new E-form AGILE-PRO-S

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The Companies (Incorporation) Fourth Amendment Rules, 2021

MCA has introduced the Companies (Incorporation) Fourth Amendment Rules, 2021 further to amend the Companies (Incorporation) Rules, 2014.

• These new rules substitute’s AGILE-PRO with AGILE-PRO-S (FORM NO. INC–35 ) in the Rule 38A of the Companies (Incorporation) Rules, 2014
• With the introduction of this amendment, the facility of obtaining Shops and Establishment Registration is also added in the AGILE-PRO Form and consequently, the existing form is replaced by the “AGILE-PRO-S” Form.
• The Company can now avail registration in Shops and Establishment also with the filing ofAGILE-PRO-S

MCA Notification Pertaining to the Companies (Incorporation) Fourth Amendment Rules, 2021 is attached here for reference:

Companies4thAmndtRules_07062021

New e-form AGILE-PRO-S

The MCA has notified new e-form AGILE-PRO-S – Application for Registration of the GSTIN, ESIC, EPFO Profession tax Registration, Opening of bank account and Shops and Establishment Registration).

• All new companies incorporated through SPICe+ (with effect from 23rd February 2020) would also be mandatorily required to apply for opening the company’s Bank account through the AGILE-PRO-S linked web form.
• The applicant can apply for Shops and Establishment Registration/ GSTIN / Establishment code issued by EPFO/ Employer Code as issued by ESIC or all the services through the AGILE-PRO-S form

Laws Governing the e-form AGILE-PRO-S

The new e-form AGILE-PRO-S is required to be filed according to Rule 38(A) of the Companies (Incorporation) Rules, 2014. The application for incorporation of a company under rule 38 shall be accompanied by AGILE-PRO-S (Form INC-35).

Rule 38A of Companies (Incorporation) Rules

The Rule 38A of Companies (Incorporation) Rules specifies the procedure for filing an application for the following registration:

• 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

The application for incorporation of a company under rule 38 shall be accompanied by e -form AGILE – PRO-S (INC-35) containing an application for registration of the following numbers:

• GSTIN with effect from 31st March 2019
• EPFO with effect from 8th April 2019
• ESIC with effect from 15th April 2019
• Profession Tax Registration
• Opening of Bank Account
• Shops and Establishment Registration

Purpose of the eForm AGILE-PRO-S

Any person who intends to incorporate a company through SPICe+ can now also apply for GSTIN / EPFO/ ESIC/ Profession Tax/ Opening of bank account through this new form AGILE-PRO-S (Form INC- 35).

The applicant is required to file an application (SPICe+) for incorporation of a company accompanying linked form AGILE-PRO-S along with form SPICe+ MOA (Form INC-33), eForm SPICe+ AOA (Form INC-34) and form URC-1, as applicable for issuance of GSTN/ EPFO/ ESIC/ Profession Tax registration (only for Maharashtra) opening of Bank account and Shops and Establishment Registration.

Note: This process will be applicable only for Companies incorporated by MCA through the SPICe+ application. Other categories of applicants (Tax Deductor, Tax Collector, Casual Taxable person, ISD, etc.) & Factories (ESIC & EPFO) who intends to apply for GSTIN shall follow the existing process of registration through Common Portal for GST registration and respective portal for applying for registration

Applicable Fee

The applicant is not required to pay any fee for filing the application for Goods and services tax Identification number, employees state Insurance corporation registration plus Employees provident fund organization registration, Profession tax Registration, Opening of bank account and Shops and Establishment Registration Number.

Documents required for Filing eForm AGILE-PRO-S

To file eForm AGILE-PRO-S, 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

Procedure for Filing eForm AGILE-PRO-S

The following steps can be used for filing the eForm AGILE-PRO-S on the MCA portal.

The applicant needs to access the official website of the Ministry of Corporate Affairs to file eForm AGILE-PRO-S. The application (SPICe+) for incorporation of a company shall be accompanied by a linked e-form INC-35 (AGILE-PRO-S). The eForm AGILE-PRO-S is attached here for reference:

Companies-Incorporation-Fourth-Amendment-Rules-2021_07.06.2021-7-12

Note: Issuance of EPFO/ESIC/ Profession Tax (for Maharashtra), Opening of a bank account, and Shops and Establishment Registration Number has been made mandatory through web form AGILE-PRO-S However, the applicant may choose whether they want to apply for the issuance of GSTIN

By login into the portal, the applicant can fill in all details in the eForm AGILE-PRO-S.

• Details regarding GSTIN
• State/District Details
• State/Center Jurisdiction
• Business Details – Primary Business Activity
• Details for Composition
• Details of the Goods supplied by the Business
• Details of Services supplied by the Business
• Bank Details
• Details for Shops and Establishment Registration

Upload Documents

After providing all details, the applicant needs to upload the mandatory documents. By clicking on the attach button, the required document can be uploaded.

Declaration

• 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.

Digitally sign the 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.

Submit Form

On successful submission of the eForm AGILE-PRO-S, The eForm will be filed as a linked form with SPICe+ and will be processed by the office of Registrar of Companies (Non-STP)