MCA Notification

All you need to know about Form AGILE-PRO-S

The Ministry of Corporate Affairs (MCA) notified about the new E-form AGILE-PRO-S vide Companies (Incorporation) Fourth Amendment Rules, 2021. This form has been introduced for easy company incorporation and other registrations of the GSTIN, ESIC, EPFO Professional tax Registration, Opening of the bank account and Shops & Establishment Registration. In this article, we shall discuss about this new form in detail.

Old vs New Form (AGILE PRO & AGILE-PRO-S)

This notification means that the earlier AGILE PRO form is now changed to AGILE-PRO-S form. Earlier, the form AGILE PRO meant Application for Goods & Services Tax Identification Number, Employee State Insurance Corporation Registration plus Employees provident fund organization (EPFO) registration, Profession Tax Registration, Opening of bank account”. From 7th June onwards, the Shop & Establishment registration is mandatory while applying for the Company Incorporation while filing Form INC 35 (now called AGILE-PRO-S).

Purpose of the Form AGILE-PRO-S

A user can file application (SPICe+) for company incorporation accompanying linked form AGILE-PRO-S with form SPICe+ MOA (INC-33), eForm SPICe+ AOA (INC-34) & form URC-1, applicable for issuance of GSTN/ EPFO/ ESIC/ Profession Tax registration (only for Maharashtra), Bank account opening and Shops and Establishment Registration.

The application for company incorporation under rule 38 should be accompanied by e -form AGILE PRO-S (INC-35) containing an application for the registration of the following:-

(a) GSTIN;

(b) EPFO;

(c) ESIC;

(c) Profession Tax Registration;

(d) Opening of Bank Account;

(e) Shops and Establishment Registration.

Contents of the new form AGILE PRO-S

The following details should be filled in this form:

• Name of the company;
• GSTIN, in case you wish to apply for the same;
• State and district that is pre-filled;
• State jurisdiction/ sector/ circle/ ward/ charge/ unit;
• Centre jurisdiction;
• Nature and proof of possession of premises;
• Whether the building or premises of establishment is hired or owned;
• Option for composition and related fields;
• Nature of the business activity carried out;
• Primary business activity;
• The exact nature of work or business;
• Details of goods supplied by the business;
• Details of the services supplied by the business;
• Details of the proposed director who will act as the authorized signatory for applying for GSTN/ EPFO/ ESIC/ Profession Tax registration, Bank account opening;
• Details of the Proposed Director or Primary Owner apart from the Authorised signatory specified in 13 (A) but limited to 1 in case of private company (other than OPC), 2 in case of public company and 4 in case of producer company;
• Choose the name of the bank;
• Shops and establishment registration details.

Attachments required for form AGILE PRO-S

The form must include the following attachments:

• Proof regarding principal place of business;
• Proof regarding the Authorized Signatory appointment for GSTN
• Proof of Authorized Signatory Identity for opening Bank Account
• Address proof of Authorized Signatory for opening Bank Account
• Authorized signatory’s specimen Signature for EPFO
• Declaration of GST–if application is being made for issuance of GSTIN.
• Professional Tax declaration – only if the company is proposed to be situated in the state of Maharashtra.
• ESIC/EPFO and Bank declarations – enabled in all cases.

Applicable fee

It is worth mentioning here that the applicant doesn’t require paying any fee for filing the application for Goods & services tax identification number, employee state Insurance corporation registration plus Employees provident fund organization (EPFO) registration, Profession tax Registration, Opening of the bank account and Shops & Establishment Registration No.

How to file e-form AGILE-PRO-S on the MCA portal?

The steps are as follows:

• Go to the official MCA website^[1]. The application (SPICe+) for company incorporation will be accompanied by a linked e-form INC-35 (AGILE-PRO-S).
• Fill in all the details in the form as provided above.
• Then upload documents. By clicking on the attach option, one can easily upload documents required;
• The form has to be signed digitally by the Proposed Director or Primary Owner who signed the SPICe+ form. Both the form has to be signed by the same director who is the authorized signatory;
• After that, submit the form. When the e-Form AGILE-PRO-S is submitted successfully, it will be filed as a linked form with SPICe+, and it will be processed by the office of Registrar of Companies.

Conclusion

As stated earlier, the Ministry of Corporate Affairs (MCA) notified about this new E-form AGILE-PRO-S recently. The objective behind introduction of this form is to ease company incorporation along with other registrations of the GSTIN, ESIC, EPFO Professional tax Registration, Opening of the bank account and Shops & Establishment Registration. Therefore one should be aware of this essential change made by the MCA.

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