Notification Date: 29th March 2019
Effective Date as mentioned below in the table;
On the verge of making every
compliance easy and improvise the India rank under “Ease of doing business” the
Ministry of Corporate Affairs (“MCA”) has introduced The Companies
(Incorporation) Third Amendment Rules, 2019 for adding the Rule 38A i.e.
Application for registration of the Goods and Service Tax Identification Number
(GSTIN), Employees State Insurance Corporation (ESIC) registration and
Employee’s Provident Fund Organization (EPFO) registration
The new rule states that the
application for Incorporation of the company i.e. Form SPICe (i.e. INC-32)
shall be accompanied by e-Form AGILE i.e. (INC-35), wherein one can
simultaneously apply for
S.NO
|
NAME OF FORM
|
EFFECTIVELY YOU CAN APPLY FOR THIS
VIA FORM AGILE W.E.F.
|
1.
|
GSTIN
|
31st March, 2019
|
2.
|
EPFO
|
8th April, 2019
|
3.
|
ESIC
|
15th April, 2019
|
This form is one stop solution for
applying for GST, EPFO and ESIC (if you need) and one is mandatorily required
to file this form under “Linked Forms” tab with form SPICe (INC-32), SPICe MOA
(INC-33) and SPICe AOA (INC-34),
But this does not mean that you are
required to apply GST/EPFO/ESIC with this form as you get an option to select
“NO” in case you wish to apply for GST/EPFO/ESIC later. You can select even one
service at a time like only GST or only EPFO or ESIC.
OTHER INFORMATION
REQUIRED
1)
State
Jurisdiction
2)
Sector/
Circle/ Ward/ Charge/ Unit
3)
Centre
Jurisdiction (Commissionerate / Division/ Range)
4)
Reason
to obtain registration
5)
Whether
Establishment on lease (if yes, Lease from date)
6)
Nature
of possession of premises
7)
Proof
of Principal place of business
8)
Whether
the building/premises of Establishment is owned or hired
9)
Whether
you wish to opt for composition scheme
10)
Category
of registered person (manufacture/supplier/others)
11)
Nature
of Business Activity
12)
Details
of Primary Business Activity (fully detailed)
13)
HSN
Code/SAC Code
14)
Name
of authorized signatory and personal Mobile Number, Email ID, KYC and Photo for
all the directors (including authorized signatory) for OTP purpose
15)
Nearest
Police Station details
16)
Appropriate
Branch Office and Inspection Office (Employers Particulars)
MANDATORY ATTACHMENTS
1)
Proof
of principal place of business
2)
Proof
of appointment of Authorized Signatory (either letter of authorization or Copy
of Resolution passed by proposed Board or Managing Committee and Acceptance
Letter)
3)
Specimen
Signature
FAQ’s
1) Is it mandatory to file form AGILE
(INC-35) along with form SPICe (INC-32)?
Yes, it is mandatory to file Form AGILE with Form SPICe
via Linked Form service available at MCA.
2) Is it mandatory to take GST
registration at the time of company incorporation?
No, in case you wish to apply for EPFO and ESIC then you
can select the checkbox for them and ignore the GST one.
3) Is it mandatory to take EPFO
registration at the time of company incorporation?
No, in case you wish to apply for GST and ESIC then you
can select the checkbox for them and ignore the EPFO one.
4) Is it mandatory to take ESIC
registration at the time of company incorporation?
No, in case you wish to apply for GST and EPFO then you
can select the checkbox for them and ignore the ESIC one.
5) What if we don’t wish to take any
registration at the time of company incorporation?
Then simply select “NO” in point number 1
6) What are the mandatory attachments for
the form?
The mandatory required document for form AGILE are
4)
Proof
of principal place of business
5)
Proof
of appointment of Authorized Signatory (either letter of authorization or Copy
of Resolution passed by proposed Board or Managing Committee and Acceptance
Letter)
6)
Specimen
Signature
7) Is form AGILE available at MCA Portal?
No, the form is yet to be made available at MCA Portal
So this is how you can easily apply/
not apply for additional services along with incorporation.
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