New Initiative by MCA for ease of business - AGILE (INC-35) By Bhumika Tuteja


FORM NO. INC-35
[Pursuant to rule 38(A) of the
Companies (Incorporation) Rules,
2014]
AGILE
(Application for Goods and services tax
Identification number, employees state
Insurance corporation registration pLus
Employees provident fund organisation
registration)
 
The Ministry of Corporate Affairs vide its notification dated 29th March, 2019 mandated the filing of e-form INC-35 with INC-32, 33 & 34 at the time of Incorporation of the company w.e.f. 31st March, 2019.
 
AGILE (INC-35) is a linked form to be filed with INC-32.
 
The e-form AGILE (INC-35) has been deployed on MCA portal (mca.gov.in)
 
Queries
 
1. Is it mandatory to apply for additional services like GSTIN through this e-form at the time of incorporation?

⇒ No, it is not mandatory. You can select the “NO” option in point 1. All other boxes will get disabled. Then, just simply sign the e-form with Director’s DSC and file it along with INC-32.
 
2. How to enter Director’s Details at point 13, 13A, and 13B?

⇒ Directors details to be given if you have selected “YES” at point 1.
 
13. Enter the number of directors. Based on the number entered, blocks would be generated dynamically. Value to be entered in this field shall be less than or equal to 5. A minimum number of proposed directors details to be entered for OPC shall be 1, 2 in case of private company, 3 in case of public limited company and 5 in case of Producer Company.
 
13A. Enter the detail the proposed director who will act as Authorised signatory for GSTIN purpose. Details of such proposed director should match with the details entered in SPICe form.

Give valid phone number and email ID of the proposed director which will get verified by OTP.

Attach photo of the proposed director in .jpg format and file size should be of maximum 100KB.
 
13B. Enter the details of proposed directors other than authorised signatory mentioned at point 13A but limited to 1 in case of private (other than OPC), 2 in case of public and 4 in case of Producer Company shall be entered here.
Details of such proposed director should match with the details entered in SPICe form.

Give valid phone number and email ID of the proposed director which will get verified by OTP.

Attach photo of the proposed director in .jpg format and file size should be of maximum 100KB.
 
Note: ‘Number of director details to be entered’ at point 13 should be given 2 in case of private company, 3 in case of public company and 5 in case of Producer Company. (Out of these all, 1 proposed director will be authorised signatory)
 
3. What are the attachments to be attached with this e-form?

⇒ Proof of Principal place of business
Attach the proof of principal place of business based on the value selected in field 8 (a).

8(a) -  Nature of possession of premises

Maximum Size of document to be attached:
 
  • 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) - 1MB
  • Legal ownership document - 1MB
 
⇒ Proof of appointment of Authorized Signatory
Either of the following document can be attached:
 
  • Letter of Authorisation – 100KB
  • Copy of Resolution passed by BoD / Managing – 100KB
  • Committee and Acceptance letter – 100KB
4. Who will give a declaration in the e-form?

⇒ Declaration shall be made by a director who is also an Authorised Signatory.
 
5. Who will affix the DSC on the e-form?

⇒ The e-Form is digitally signed by the Proposed Director who has signed the SPICe eform. Both SPICe form and AGILE form shall be signed by the rocsame director who is also the authorised signatory.
 
 
For further clarifications, you can mail at cs.bhoomikatuteja@gmail.com

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