The Ministry of Corporate Affairs (MCA) has notified a new INC-35 form called AGILE e-form to be accompanied by the SPICe forms. This article discusses the AGILE e-form in every aspect.
AGILE e-Form is a part of SPICe forms (Simplified Proforma for Incorporating Companies) for Registration of GST/ESIC/EPFO.
Full-Form of AGILE is
- Application form for
- Registration of Goods and Services Identification Number (GSTIN)
- Registration of Employee State Insurance Corporation
- Registration of Employee Provident Fund Organisation
Ministry of Corporate Affairs (MCA) has introduced a new form INC-35 called AGILE e-Form via a notification dated 29th march 2019 by making Rule No.38A and further amending the Company Incorporation Rules,2014, These rules shall be referred as the Company Incorporation Third Amendment Rules,2019.
On filing e-Form AGILE (INC-35) while incorporating Company under SPICe forms (Simplified Proforma for Incorporating Companies), the entity shall be automatically enrolled or registered under Goods and Services Tax (GST), Employee State Insurance Corporation (ESI), Employee Provident Fund Organisation (EPF) at a time.
The Registration requirements under the respective acts via Form INC-35 shall be made applicable as follows
- The registration requirement for GST with effect from 31st May 2019
- The registration requirement for ESIC with effect from 8th April 2019
- The registration requirement for EPF with effect from 15th April 2019
Mandatory to file Form INC-35
Ministry of Corporate Affairs (MCA) has made mandatory for filing e-Form INC-35 while incorporating Company under SPICe application forms, But, it is not mandatory (optional) to opt registration under the GSTIN or EPFO or ESIC.
Directors that can be added in e-form AGILE
Number of Directors that can be added under AGILE form depends on the class, category or Sub-category filled in SPICe forms.
Number of Directors shall be as follows:
- In the case of OPC-1 Director
- In case of Private Limited Company-2 Directors
- In case of Public Limited Company-3 Directors
- In the case of Producer Company-5 Directors
Note: The Directors filled under AGILE e-Form should match with the Directors entered in SPICe Forms.
Details needed to be filled under AGILE e-Form
- Details of State and Center Jurisdiction
- Details of Nature of Possession and Lease of Business Establishment/premises
- Type of Registration (Composition or Normal)
- Nature of Work/Business activity carried on the Business Premises.
- HSN Code for Goods Supplied or Services rendered by the Business
- Details of Authorised Signatory, Office Owners of Office Bearers.
- Details of The Employers
- Letter of Authorization
- Copy of Resolution passed by BoD / Managing Committee and Acceptance letter
- Proof for Principal Place of Business.
The Signing of AGILE e-form
AGILE e-form should be Digitally signed by the Director/Primary Owner/Office Bearer who has signed the SPICe e-Forms, i.e., the Director signing the SPICe Form and AGILE e-form should be one and the same.
Glance on GST, EPFO, ESIC :
GST (Goods and Services Tax)
Goods and Services Tax (GST) is an Indirect tax levied on the supply of both goods or services. GSTIN registration can be obtained on a voluntary basis or under section 24 of the GST act.
GST registration can be applied either by visiting GST Portal or by visiting GST Seva Kendra.
EPFO (Employee Provident Fund Organization)
EPFO is a Statutory Body recognized by the constitution of India. The registration shall be made under EPFO when the persons employed in the organizations is twenty or more. However, registration shall also be applied for the organization having twenty or fewer persons but on a voluntary basis.
EPF is mandatory to be deducted of the employee earning a salary up to Rs.15,000/- per month.
EPFO regulates three schemes namely
- EPF (Employee’s Provident Fund Scheme)
- EPS (Employee’s Pension Scheme)
- EDLI (Employee’s Deposit Linked Insurance Scheme)
ESIC (Employee State Insurance Corporation)
ESIC is a scheme framed to provide a Financial Protection in case of untimely health-related events.
Benefits under ESI
- Medical Benefit
- Sickness Benefit
- Disability Benefit
- Maternity Benefit
- Unemployment Benefit
- Dependent’s Benefit
Registration Requirement under ESIC
It is mandatory for the company to register under the Employee State Insurance Corporation act if it employs more than 10 or more persons at any time and the employs earn less than Rs.21,000/- per month.
The company or entity can apply for an ESI registration under Employee State Insurance Corporation act within 15 days from the time the ESI Act becomes applicable to that company or entity.