INC- 35(AGILE e-form) Introduced by MCA for Ease of Doing Business

MCA has notified all the new companies to file new e-form AGILE (INC-35)to companies that are to be registered after 29th March 2019. The following reform has been introduced after companies incorporation amendment Rules, 2019.

The AGILE application form has been introduced and made mandatory to be filed with SPICE e-form(INC-32). This introduction has brought various business registration under a single form itself, these services are a part of a government initiative to trim time on the registration under various commercial registrations.

What is E-form AGILE (INC-35)

The AGILE form is introduced as part of SPICE incorporation form and will provide 3 important business registration at the time of incorporation of the company itself. The business registration to be provided along with the company registration are:

1. Goods and Service Tax Identification Number (GSTIN)
2. Employees Provident  Organization (EPFO)
3. Employee State Insurance Corporation (ESIC)

Applicability of E-form INC-35

Applicability of INC-35 or e-form AGILE is for companies that are to be registered after 29 march with Ministry of Corporate Affairs. The form is to be mandatorily filed although if your company doesn't need the business services provided, you can select the option of not registering in any of the services.

According to the new rule, the application form will contain the following services will be effective from the dates described below.

• GST registration services will be applicable from the date of 31st March 2019
• EPFO registration services will be effective from the date of 8th April 2019
• ESIC services will be applicable from the date of 15th April 2019

Mandatory Documents

If you are incorporating a company with MCA and you require GST or any other business registration following mandatory documents will be required to file along e-form AGILE

• Description of goods and services which will be provided by the company
• HSN code
• The details of the proposed directors in the AGILE form should match the SPICE e-form, and the number of directors  for the companies should be

1. One director in case of One Person Company
2. Two directors in case of Private Company
3. In the case of Public limited company three directors
4. five in case of Producer Company

• Registered office proof; the following documents will act as proof for registered office

1. Property Tax Receipt
2. Electricity Bill
3. Ownership document(Sale Deed)
4. Rental agreement and NOC from the owner of the property
5. Latest photograph of the directors
6. Authorization letter if the application is filed by a director
7. Board resolution passed by the company directors

Exemption to E-form AGILE

The submission of form INC-35 or e-form AGILE is mandatory for all the companies that are registered after 29 March 2019, but there are certain exceptions that will be applicable to the companies as well as these business registrations are applicable only for certain categories of companies that fulfil certain criteria's listed below:

• In case of GST registration if the turnover of the company is 60 lakh or if the company is going to conduct business online then in such case it will be mandatory for the companies to register themselves with GST authorities.
• In the case of ESIC, if the companies have more than 20 employees, they need to obtain the registration, but if the number of employees is less they need not obtain such registration
• In the case of EPFO, the number of employees in a company is less than 20 employees whereas in case of factories if there are less than 10 workers the company need not obtain such registration.

Tax deductors or calculators, casual taxable person or proprietor that own sole proprietorship has to go through the existing registration process through the government portal of registration.

Cost of Filing e-form AGILE (INC-35)

E-form AGILE has no prescribed fee associated with it, and hence the services are free of cost although the person applying for the services if not registering for the company cannot go through this route to obtain registration under the following services.