The Ministry of Corporate Affairs (MCA) has notified new E-form AGILE-PRO-S vide The Companies (Incorporation) Fourth Amendment Rules, 2021. E-form AGILE-PRO-S has been introduced for easy company incorporation along with other registrations of the GSTIN, ESIC, EPFO Profession tax Registration, Opening of bank account and Shops and Establishment Registration.
Vide the notification, the earlier AGILE PRO form has been changed to AGILE-PRO-S form. Earlier the form was AGILE PRO stood for Application for Goods and Services Tax Identification Number, Employee State Insurance Corporation Registration plus Employees provident fund organization registration, Profession Tax Registration, Opening of bank account”. Now from 7th June onwards, the Shop and Establishment registration has become mandatory while applying for the Company Incorporation while filing the Form INC 35 (now known as AGILE-PRO-S).
User is required to file application (SPICe+) for incorporation of a company accompanying linked form AGILE-PRO-S along with form SPICe+ MOA (INC-33), eForm SPICe+ AOA (INC-34) and form URC-1, as applicable for issuance of GSTN/ EPFO/ ESIC/ Profession Tax registration (only for Maharashtra) opening of Bank account and Shops and Establishment Registration.
The application for incorporation of a company under rule 38 shall be accompanied by e -form AGILE – PRO-S (INC-35) containing an application for registration of the following numbers, namely:-
(a) GSTIN with effect from 31st March, 2019
(b ) EPFO with effect from 8th April, 2019
(c) ESIC with effect from 15th April, 2019
(c) Profession Tax Registration
(d ) Opening of Bank Account
(e) Shops and Establishment Registration
Details to be filled in AGILE PRO S
1. Name of the company – Name shall be pre-filled based on data entered in SPICe+ Part A
2. Do you want to apply for GSTIN – Applying for GSTIN at the time of incorporation is not mandatory. In case you wish to apply for GSTIN at the time of incorporation, user can select ‘Yes’.
3. State and District – Shall be pre-filled based on address entered in SPICe+ Part B
4. State Jurisdiction/ Sector / Circle / Ward /Charge / Unit – In case application is being made for issuance of GSTIN, select the value from the dropdown. In case you do not know state jurisdiction, please refer your state website to know your Sector / Circle / Ward /Charge / Unit.
5. Center Jurisdiction – In case application is being made for issuance of GSTIN, select the appropriate value from the drop-down list of Commissionerate Code, Division Code and Range Code.
6. Whether The Establishment On Lease – Select ‘Yes’ in case Establishment is on lease or else ‘No”. In case of ‘Yes’ Enter Leased From Date & To date.
7. Nature and Proof of possession of premises – In case application is being made for issuance of GSTIN, select the nature of possession from the drop-down menu. In case of ‘Others’, please specify.
8. Whether the building/premises of Establishment is owned or hired – Select whether the building/premises of Establishment is Hired/ Rented or Owned or Leased.
9. Option for Composition and related fields – In case application is being made for issuance of GSTIN, select whether opted for composition.
10. Nature of Business Activity being carried out at above mentioned Premises – In case application is being made for issuance of GSTIN, atleast one nature of business activity should be selected.
11. Primary Business Activity – One primary business activity shall be selected in all cases.
12. Exact nature of work / business – Select nature of work/business from the available drop down in all cases. Select the work Sub-category.
13. Details of the Goods supplied by the Business – In case application is being made for issuance of GSTIN, applicant may enter a valid 4 digit HSN code. For HSN code: kindly refer HSN Code as provided on CBIC website (www.cbic.gov.in) and enter the HSN Code and click on prefill button. Description shall be auto populated based on HSN entered.
14. Details of Services supplied by the Business – In case application is being made for issuance of GSTIN, applicant may enter a valid 4 digit SAC code. For SAC code: kindly refer SAC Code as provided on CBIC website (www.cbic.gov.in) and enter the SAC Code and click on prefill button. Description shall be auto populated based on SAC entered.
15. Enter Director details who is also an Authorised Signatory / Primary Owner / Office Bearer – Details of the Proposed Director/ Primary Owner who will act as the Authorised signatory for the purpose of applying GSTIN / EPFO/ ESIC/ Profession Tax and Opening of Bank Account shall be entered here. Note that the details of such proposed director entered here should match the details as entered in the SPICe+ for the same person. Note that the Director / Primary Owners cum Authorised signatory must have valid PAN and he must be Citizen & Resident of India. Either DIN / PAN should be entered. In case DIN is entered, click on Prefill button. PAN and applicant’s full name will be prefilled based on / Primary Owners the information available in the MCA records. In case PAN is entered, all details must be entered by the applicant. Enter valid Indian mobile number and email Id and click on “Send OTP” button. Enter the OTP sent on mobile number and email id as entered above and click on Verify button. Attach Photo of proposed director cum authorised signatory. – Size of photo shall not exceed 100KB. – Only .JPG format is allowed.
16. Director Details other than Authorised Signatory /Primary Owner / Office Bearer – Note: Details of the Proposed Director / Primary Owner other than Authorised signatory mentioned in 13 (A) above but limited to 1 in case of private (other than OPC), 2 in case of public and 4 in case of producer company shall be entered here. Note that the details of such proposed director entered here should match the details as entered in the SPICe+ for the same person. Attach Photo of proposed director other than authorised signatory. – Size of photo shall not exceed 100KB. – Only .JPG format is allowed.
17. Select Bank Name – Select the bank name in which account number should be opened. Note that integration is in place with Punjab National Bank and ICICI Bank only. All other banks are disabled for selection presently.
18. Details for Shops and Establishment Registration – Select Yes if opting for Registration
1. Category of Establishment
2. Nature of Business. Both the above fields will be enable only if Yes selected.
Attachments:
1. Proof of Principal place of business
2. Proof of appointment of Authorized Signatory for GSTN
3. Proof of Identity of Authorized Signatory for opening Bank Account
4. Proof of Address of Authorized Signatory for opening Bank Account
5. Specimen Signature of Authorized Signatory for EPFO
6. GST declaration – shall be enabled only if application is being made for issuance of GSTIN.
7. Profession Tax declaration – shall be enabled only in case the company is proposed to be situated in the state of Maharashtra.
8. ESIC/EPFO and Bank declarations – shall be enabled in all cases.
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