Companies (Incorporation) Fourth Amendment Rules, 2021 substitutes e-Form No.INC-35 with FORM NO. INC35  | AGILE-PRO-S [Pursuant to rule 38A of the Companies (Incorporation) Rules,2014].

With the introduction of amendment, the facility of obtaining Shops and Establishment Registration is also added in the AGILE-PRO Form and consequently the existing form is replaced by “AGILE-PRO-S”. The Company can now avail registration in Shops and Establishment also with filing of AGILE-PRO-S.

1. Changes in Rule 38A:

38A.Application for registration of GSTIN, ESIC, EPFO

Existing Provisions New Provisions Introduced by this notification Key Changes
Application for registration of Goods and Service Tax Identification Number (GSTIN), Employee State Insurance Corporation (ESIC) registration 2,5[,Employees’ Provident Fund organisation (EPFO) Registration and professional Tax Registration and Opening of Bank Account Application for registration of Goods and Service Tax Identification Number (GSTIN), Employee State Insurance Corporation (ESIC) registration 2,5[,Employees’ Provident Fund organisation (EPFO) Registration and profession Tax Registration and Opening of Bank Account and Shop and Establishment Registration Shop and Establishment Registration added
Form Name AGILE –PRO Form Name AGILE –PRO – S Form Name Revised AGILE – PRO -S
Regulation 1 [(c) Profession Tax Registration with effect from the 23rd February,2020

(d) Opening of Bank Account with effect from 23rd February, 2020.

Regulation 1 (d) Profession Tax Registration with effect from the 23rd February,2020

(e) Opening of Bank Account with effect from 23rd February, 2020.

(f) Shop and Establishment Registration

Sequence revised and clause (f) added.

MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, the 7th June, 2021

G.S.R. 392(E).—In exercise of the powers conferred by sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Incorporation) Rules, 2014, namely:-

1. (1) These rules may be called the Companies (Incorporation) Fourth Amendment Rules, 2021.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Companies (Incorporation) Rules, 2014 (hereinafter referred to as the said rules), in rule 38A,-

(i) in the marginal heading, for the words, “and Opening of Bank Account”, the words, “,Opening of Bank Account and Shops and Establishment Registration”, shall be substituted;

(ii) in the opening portion, for the letters “AGILE-PRO”, the letters “AGILE-PRO-S” shall be substituted;

(iii) for clauses “(c) and (d)” relating to “Profession Tax Registration and Opening of Bank Account”, the following clauses shall be substituted, namely:-

“(d) Profession Tax Registration with effect from the 23rd February, 2020;

(e) Opening Bank Account with effect from the 23rd February, 2020;

(f) Shops and Establishment Registration.”.

3. in the Annexure to the said rules, for the e-Form No.INC-35, the following form shall be substituted, namely:-

FORM NO. INC35  | AGILE-PRO-S

[Pursuant to rule 38A of the Companies (Incorporation) Rules,2014]

Download Full text of Companies (Incorporation) Fourth Amendment Rules, 2021

[F. No. 1/13/2013 CL-V, Vol.IV]
K.V.R. MURTY, Jt. Secy.

Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i), vide number G.S.R. 250(E), dated the 31st March, 2014 and last amended vide number G.S.R.158 (E), dated the 5th March, 2021.

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