The Ministry of Corporate Affairs (MCA) has introduced Form INC 35 which is to accompany the application for company incorporation through SPICe form. Form INC 35 is also called e-form AGILE. With Form INC 35, entrepreneurs can choose GST registration, ESI registration and EPF registration. As this is a new form and can be confusing, here is a list of the 10 most frequently asked questions about e-form AGILE:
- Why is Form INC 35 called e-form AGILE?
The new e-form AGILE has been made compulsory by the MCA on from March 31, 2019 and it will accompany the current SPICe form for company incorporation. Lithe is a contraction for Application for registration of the Goods and Services Tax Identification Number (GSTIN), Employees State Insurance Corporation (ESIC) registration plus EPFO registration.
2. Who needs to file e-form AGILE?
Whoever wishes to incorporate a new company will have to file e-form AGILE with the SPICe form.
3. Who is not permitted to apply for GST registration using INC 35?
- Tax Deductors u/s 51 of CGST Act,
- Tax Collectors u/s 52 of CGST Act,
- Easygoing Taxable individual,
- Information Service Distributors,
- Unique Economic Zone (SEZ) dealers
- Manufacturing units that need to get PF registration.
The above-mentioned entities will have to use individual common portals for registration.
4. How do I go about GST registration if I don’t have the company’s enlisted office?
As per due process, the office address registered in the SPICe form will be considered as the company’s principal location of business for GST registration. In case the correspondence address is similar to the address listed in the SPICe form, GSTN can be applied for though e-form AGILE.
5. How long is the process of GST registration after filing e-form AGILE?
Once e-form AGILE has been filed, the Certificate of Incorporation and PAN of the company will be generated at the MCA. This data will be sent to the GST Network to process the GST application. Once the GST Network approves the data, the TRN and ARN will be created which will be shown on the MCA portal. The GST officer will then send the GSTIN, post successful GST registration, on the number and email ID of the Authorized Signatory of the company.
6. How long will it take before I receive PF registration after filing e-form AGILE?
After e-form AGILE has been filed, the company will be incorporated at the MCA portal. The Certificate of Incorporation and PAN will be created and this information will be sent to EPFO in order to prepare the PF application. Once the information is processed by EPFO, PF registration will be completed and the Establishment Code will be created which will also be shown on the MCA portal.
7. How many proposed directors can I add in Form INC 35?
In case of One Person Company, you can add one director, in case of a Private Limited Company, two directors, in case of a Public Limited Company, three directors and in case of Producer Company, you can add five directors.
8. Who will sign the e-form AGILE?
The director that has signed the SPICe form should sign the e-form AGILE. Both forms have to be signed by the same director.
9. Is there a fee for applying for GSTIN?
No, there is not fee to be paid while applying for GSTIN.
10. Who is eligible to apply for PF registration through e-form AGILE?
All organizations that plan to be consolidated through SPICe form would now be able to fill the e-form AGILE and apply for PF registration and get an Establishment code issued by Employees Provident Fund Organization (EPFO). Such a client is required to record SPICe form alongside:
- e-Form SPICe MOA (INC-33)
- e-Form SPICe AOA (INC-34) plus
- e-Form AGILE form
File e-form AGILE and SPICe form with All India ITR today as part of our company registration and incorporation services!