Tuesday, 2 April 2019

Amendment in The Companies (Incorporation) Third Amendment Rules, 2019: AGILE


 Amendment in The Companies (Incorporation) Third Amendment Rules, 2019

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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