AGILE: Decoding MCA E-Form INC-35 By CS Shubham Phule

 (Application for Goods and Services Tax Identification Number, Employees State Insurance Corporation registration Plus Employees Provident Fund registration)
Ministry of Corporate Affairs came up with new notification dated 29/03/2019 to amend the companies incorporation rules.

1. The Application for Incorporation of a Company under Rule 38 shall be accompanied by e form Agile 35 containing an application for registration of the following numbers namely:-
  • GSTIN with effect from 31st March, 2019.
  • EPFO with effect from 8th April, 2019.
  • ESIC with effect [i] from 15th April, 2019.
2. Form No INC-35 Agile (is required to be filed as linked forms along with Spice forms (Form INC-32, form INC-33, Form INC-34)
3. Minimum No of Directors
Minimum directors to be entered for OPC Shall be One, Two in case of Private Company, Three in case of Public Limited Company and Five in case of Producer company in the Form No 35 Agile
4. Who Can Apply For GSTIN, EPFO, and ESIC
Only Proposed New Company can go for GSTIN, EPFO, and ESIC.  It is not mandatory for Applying GSTIN No at the time of Incorporation.
5. This process will be applicable only for Companies incorporated by MCA through SPICe application. Other categories of applicants (Tax Deductor, Tax Collector, Casual Taxable person, ISD, etc.) who intend to apply for GSTIN shall follow the existing process of registration through Common Portal for GST registration.
6. Fees Applicable:
  There will be no Fees Applicable for GSTIN, EPF, and ESIC No.
7. Form to be digitally signed by:
The E form-35 should be digitally signed by the Director eForm is digitally signed by the Proposed Director who has signed the SPICe eform. Both SPICe form and AGILE form shall be signed by the same director who is also the authorized signatory.
8. Processing Mode: The Form will be processed in Non-STP Mode
9. Attachments in Form:
a) Proof of Place of Business
  • Property Tax Receipt - 100 KB
  • Municipal Khata copy - 100KB
  • Electricity Bill - 100 KB
  • Rent/ Lease Agreement - 2MB
  • Consent Letter - 100KB
  • Rent receipt with NOC (In case of no/expired agreement)
  • Legal ownership document
       Documents should be attached in PDF
b) Proof of appointment of authorized signatory

  • Letter of Authorisation – 100 KB
  • Copy of Resolution passed by BoD/ Managing Committee and Acceptance letter - 100KB
Lex comply

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  • I'M Unable to Fill the Column No.15 Employer's Particulars, Dropdown list is not coming for Select Appropriate Branch Office details and Inspection Office Details in AGILE Form. Please do some needful.


    28-07-2019 / 04:31:47 PM