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INC35 AGILE-PRO

As part of the Central Government’s initiative to promote the idea of ‘Ease of doing Business’, a simplified registration process for new companies was introduced (SPICe+). SPICe+ is an integrated web e-form that covers services offered by three Central Government Ministries (Ministry of Corporate Affairs (MCA), the Department of Revenue in the Ministry of Finance, and the Ministry of Labour) along with three State Governments (Karnataka, Maharashtra, and West Bengal).

There are two parts to the SPICe+ e-form:

Part A

  1. Name reservation of the new Company.

Part B

  1. Incorporation
  2. Director Identification Number (DIN) allotment
  3. Issue of Permanent Account Number (PAN) (Mandatory)
  4. Issue of Tax Deduction Account Number (TAN) (Mandatory)
  5. Issue of Employee Provident Fund Organisation (EPFO) Employer Code (Mandatory)
  6. Issue of Employees’ State Insurance Corporation (ESIC) Employer Code (Mandatory)
  7. Issue of Profession Tax registration number (Mandatory only for companies to be registered in Karnataka, Maharashtra, and West Bengal)
  8. Opening of Bank Account for the Company (Mandatory)
  9. Allotment of GSTIN (Optional)

Part A and B can be filed separately or together.

The SPICe+ web e-form is broken down into the following e-forms:

  • Electronic Memorandum of Association (eMOA)
  • Electronic Articles of Association (eAOA)
  • URC-1
  • AGILE-PRO
  • INC-9

In this article, we will discuss the AGILE-PRO in brief:

What Is AGILE-PRO?

AGILE-PRO (Form INC-35) is a multipurpose application to register for the following:

  • ESIC
  • EPFO
  • Profession Tax
  • Bank account for the Company (opening of Bank account)
  • GSTIN

AGILE-PRO is to be mandatorily filed by Companies using the SPICe+ e-form. By applying for the above registrations using AGILE-PRO e-form, separate compliance is not required until the Company crosses the thresholds specified by the ESIC and EPFO, respectively.

What Are The Features Of AGILE-PRO?

  • Any person who intends to incorporate a Company using the SPICe+ e-form can apply for a GSTIN using AGILE-PRO. However, for the below-mentioned categories of applicants, the existing registration process under the CGST Act, 2017 will be applicable:
    • Tax Deductors,
    • Tax Collectors,
    • Casual Taxable Persons,
    • Input Service Distributors (ISD),
    • Special Economic Zones (SEZ).
  • Other than the application for GSTIN, all other registrations under the AGILE-PRO e-form are mandatory.
  • The user can add the details of proposed directors based on the category and class of the Company incorporated.
    • One Person Company – One director
    • Private Limited Company – Two directors
    • Public Limited Company – Three directors
    • Producer Company – Five directors

The user should note that the details of directors should match the details entered in the SPICe+ e-form.

  • The AGILE-PRO form should be signed by one director. This should be the same director who signs the SPICe+ e-form.
  • After the Company is incorporated on the MCA portal and Certification of Incorporation and PAN is issued, the required information from the AGILE-PRO e-form is forwarded to the respective departments to process the GSTIN, EPFO Employer Code, ESIC Employer Code, Profession Tax Code, and Bank Account Number. After the registration is complete, the details will be visible on the MCA portal and shared with the user on his/her registered email address.
  • The following banks are linked for providing the service of opening a bank account (using AGILE-PRO):
    • State Bank of India
    • Punjab National Bank
    • HDFC Bank
    • Kotak Mahindra Bank
    • Bank of Baroda
    • Union Bank of India
    • IndusInd Bank
    • Axis Bank
    • ICICI Bank

A user will only have to select the bank name, and the bank itself will allocate the branch. The MCA is working towards integrating more Public and Private sector banks into the AGILE-PRO e-form.

  • The maximum allowed size for uploading files within the AGILE-PRO e-form is 6MB.
  • The fees payable here is Zero/Nil (for Companies incorporated through the SPICe+ e-form) when the authorised capital is less than INR 15 Lakhs. Only stamp duty fees charged by the respective states will be payable.
  • Aadhar number of the authorised signatory can be used to authenticate the GSTIN registration.

What Documents Should Be Attached To AGILE-PRO?

The following documents are required:

  • For opening the bank account, identity proof and address proof of the authorised signatory,
  • For EPFO and ESIC registration, the specimen signature of the authorised signatory,
  • For GSTIN registration, proof of principal place of business and proof of appointment of the authorised signatory.

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