MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, the 29th March, 2019
G.S.R. 275(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) Third Amendment Rules, 2019.
(2) They shall come into force on the date of publication in the official gazette.
2. In the Companies (Incorporation) Rules, 2014 (hereinafter referred to as the said rules),
i) after rule 38, the following rule shall be inserted, namely.-
"38A. Application for registration of the Goods and Service Tax Identification Number (GSTIN), Employees'
State Insurance Corporation (ESIC) registration and Employees' Provident Fund Organisation(EPFO)
registration
The application for incorporation of a company under rule 38 shall be accompanied by e-form AGILE (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
ii) in the said rules, after Form INC-34, the following form shall be inserted, namely:-
8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II--SEC. 3(i)]
FORM NO. INC-35 AGILE
Application for Goods and services tax
[Pursuant to rule 38A of the
Identification number, employees state Insurance
Companies (Incorporation) Rules,
corporation registration p us L Employees
2014] provident fund organisation registration )
(This AGILE form is part of SPICe eform for GSTIN/ EPFO / ESIC)
1. * Do you want to apply for additional services like GSTIN / EPFO / ESIC? Yes O
No
2. * Select the service you want to apply for: GSTIN EPFO ESIC
3. * State (Same as entered in SPICe)
4. * District (Same as entered in SPICe)
5. * State Jurisdiction
* Sector / Circle / Ward /Charge / Unit
6. * Center Jurisdiction
Commissionerate
Division
Range
Vountary
7. * Reason to Obtain Registration
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8. *Whether The Establishment On Lease O Yes No
* Leased From Date To Date
(a). * Nature of possession of premises
(b) * Proof of Principal Place of Business
(c) * Whether the building/premises of Establishment.is owned or hired.
* If hired or there is a change in the name of Unit/ownership, please indicate
* Leased From Date To Date
9. * Option for Composition O Yes No
a) Composition Declaration
I hereby declare that aforesaid business shall abide by the conditions and restrictions specified
in the Act or Rules for opting to pay tax under the composition levy.
b) Category of Registered Person
Manufacturer of non-notified goods
Supplier of food and non-alcoholic drinks
Any other eligible supplier
10. * Nature of Business Activity being carried out at above mentioned Premises (Please tick
applicable)
Factory / Wholesale Business Retail Business
Manufacturing
Warehouse/Depot Bonded Warehouse Supplier of services
Office/Sale Office Leasing Business Recipient of goods or
services
EOU/ STP/ EHTP Works Contract Export
Import Others (specify), If others, please
specify _____________
(A). * Primary Business Activity
*If Others selected, please specify
10 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II--SEC. 3(i)]
(B) * Exact nature of work / business
* Work Sub-category
* Nature of work business
11. *Details of the Goods supplied by the Business
HSN Code (Four digit)
Prefill
Description of Goods
12. *Details of Services supplied by the Business.
Service Accounting Code Pre-fill
Description of Services
13. Directors / Primary Owners / Office Bearer Details
(Minimum number of directors to be entered for OPC shall be 1, 2 in case of private company,
3 in case of public limited company and 5 in case of Producer Company)
Number of Director details to be entered 2
(A) *Enter Director details who is also an Authorised Signatory / Primary Owner / Office Bearer
* Directors Identification Number (DIN) O Permanent Account Number (PAN)
Photograph
Pre-fill
*DIN
*PAN
*First Name
Middle Name Attach Remove
Photograph Photograph
*Last Name
Attach a latest passport
size photograph by
clicking the above box
*Personal Mobile Number +91 Send OTP
*Personal Email Id
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*Enter OTP for Mobile Number
Verify OTP
*Enter OTP for Email Id
(B) *Director Details other than Authorised Signatory / Primary Owner / Office Bearer
* Directors Identification Number O Permanent Account Number / Passport Number (in case
of foreign national Pre-fill Photograph
*DIN
*PAN / Passport Number
*First Name
Middle Name Attach Remove
Photograph Photograph
*Last Name
*Personal Mobile Number Attach a latest passport size
*Personal Email ID photograph by clicking the
above box
14. * Police Station
15. * Employer's Particulars
* Select Appropriate Branch Office
* Select Inspection Office
List of Attachments
Attachments
1. *Proof of Principal place of business Attach 2
2. *Proof of appointment of Authorized Signatory Attach
(Either of the following document can be attached.
Letter of Authorisation
Copy of Resolution passed by BoD / Managing Committee and Acceptance letter)
3. * Specimen Signature Attach
Remove attachment
GST Declaration (By Authorized Signatory)
I hereby solemnly affirm and declare that the information given herein above is true and correct
to the best of my knowledge and belief and nothing has been concealed therefrom.
12 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II--SEC. 3(i)]
ESIC Declaration (By Office Bearer)
I hereby declare that the statement given above is correct to the best of my knowledge and belief.
I also undertake to intimate changes if any, promptly to the Regional Office/Sub Regional Office,
ESI Corporation as soon as such change takes place.
EPFO Declaration (By Primary Owner)
I hereby solemnly affirm and declare that the information given herein above is true and correct
to the best of my knowledge and belief and nothing has been concealed therefrom
Place
Date
Director
Designation
*To be digitally signed by director (who has signed the SPICe form)
* DIN/PAN DSC BOX
(Authorized signatory / Primary Owner / Office Bearer signing the AGILE form shall provide his Permanent
Account Number)
[F. No. 1/13/2013-CL-V, Part-I, Vol.II]
K.V.R. MURTY, Jt. Secy.
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Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (i), vide number G.S.R. 250(E), dated the 31st March, 2014 and subsequently
amended vide the following notifications:-
Serial Notification Number Notification Date
Number
1. G.S.R. 349 (E) 01-05-2015
2. G.S.R. 442 (E) 29-05-2015
3. G.S.R. 99 (E) 22-01-2016
4. G.S.R. 336(E) 23-03-2016
5. G.S.R. 743(E) 27-07-2016
6. G.S.R. 936(E) 01-10-2016
7. G.S.R. 1184 (E) 29-12-2016
8. G.S.R. 70 (E) 25-01-2017
9. G.S.R. 955 (E) 27-07-2017
10. G.S.R. 49 (E) 20-01-2018
11. G.S.R. 284 (E) 23-03-2018
12. G.S.R. 708 (E) 27-07-2018
13. G.S.R. 1219 (E) 18-12-2018
14. G.S.R. 144 (E) 21-02-2019
15 G.S.R. 180 (E) 06-03-2019
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. Digitally signed by
MANOJ MANOJ KUMAR VERMA
KUMAR VERMA Date: 2019.04.04
22:28:13 +05'30'
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