AGILE Pro Form- Overview

Ministry of Corporate Affairs introduced the new form SPICe+. AGILE Pro (Form INC-35) is the mandatory linked form to SPICe+. A person who wishes to incorporate a company has to fill AGILE Pro along with SPICe+, MoA and AoA. In this article we will learn the significance and procedure to file Agile Pro form.


Purpose of AGILE Pro

AGILE Pro provides the service for application for following purposes:-

  • Goods and Services Tax Identification Number (optional)
  • Employees Provident Fund Organisation registration
  • Employees State Insurance corporation registration
  • Profession Tax (in case of Maharashtra)
  • Opening of Bank Account of company


Documents required for form

  • Proof of Principal place of business (if applying for GSTIN)
  • Proof of appointment of Authorized signatory for GSTN (if applying for GSTIN)
  • Identity proof of Authorized Signatory for opening Bank Account
  • Proof of Address of Authorized Signatory for opening Bank Account
  • Specimen signature of Authorized Signatory for EPFO


Details required for form

  1. Details of subscribers and directors
    • Name
    • Address
    • DIN/PAN
    • Mobile no and email address
    • Photograph
  2. State Jurisdiction (Sector/circle/ward/charge/unit)
  3. Center Jurisdiction (Commissionerate/ Division/Range)
  4. HSN Code and SAC code



Procedure to fill Agile Pro

After filling and submitting SPICe+ Part B, user can fill Agile pro form.

  1. Click on Agile Pro

    Click on Agile Pro form and start filling the details.

  2. Complete the details related to GSTN

    Select whether you want to apply for GST or not.
    Select the State jurisdiction and Center jurisdiction.
    Choose the nature of possession of the place of business and enter the appropriate proof of place which you need to attach in attachments of form.
    If you want to go for the composition scheme then select ‘yes’, otherwise ‘no’.

  3. Details related to business

    Enter the primary business activity of your business and the nature of work.
    Enter the HSN code/SAC code for the business. The description will automatically get filled.

  4. Enter the details of directors and subscribers of the business.

    You will require to fill name, mobile no, and email address. Also attach their photograph the size of which should not exceed 100KB.
    In the case of an Authorized signatory, you will also require to verify mobile no and email address by entering OTP.

  5. Enter the other details

    Enter the details police station, inspection office.
    Furthermore, select the Bank name you want to opt for the bank account of your company.

  6. Attachments

    Attach the required documents. Check the declarations and enter the date and place. Enter the DIN/PAN of Authorized Signatory.

  7. Proceed to submit

    First, click on the check button. After the check is successful, click on save. Now submit the form.

  8. Download the form

    After all the forms of SPICe+ are submitted, download all the forms.

  9. Upload and make payment

    Upload the forms on MCA portal. SRN will get generated for the forms. Now make the payment.

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FAQs

Where can one find the State jurisdiction that is required to be filled in Agile Pro?

A person can find the State jurisdiction that is required to be filled in Agile Pro from the official website of their respective State.

Which date should I enter in the Agile Pro form?

Always enter the date on which you will get the form signed and get it uploaded on the MCA site.

Is it mandatory to get the registration for GST through SPICe+ form?

No it is not mandatory to get the GST registration for your business through MCA site. However it is mandatory to get registration for EPFO , ESIC and Profession tax. It is also mandatory to get bank account open for your company through this form.

Is it mandatory to file Form INC-35 (Agile Pro) with SPICe+ Form while incorporating a Company?

Yes, it is mandatory to file the Form INC-35 with SPICe+ Form while incorporating a Company. Agile Pro is the mandatory linked Form to SPICe+.

Upload linked e-forms on MCA Portal

Ministry of Corporate Affairs has introduced a new form for the incorporation of companies named SPICe+. This form has increased the significance to understand the procedure to upload linked forms. This form has five linked forms including SPICe+, Agile Pro, MoA, AoA, and INC9.

MCA defines a proper sequence while filling and uploading the linked forms. Once the forms are filled and signed by directors and professional, the User needs to upload the forms on the MCA portal. In this article, we will read learn the procedure to upload linked forms on the MCA portal.

Points to consider while uploading linked forms

  • Before uploading the e-forms, the user must ensure that the forms to upload are properly signed and dated along with consideration to system requirements prescribed by MCA.
  • However, if the user does not fulfill the above requirements, it can lead to failure to upload the forms.
  • A person can upload a maximum of 10 linked forms on MCA.
  • Furthermore, Consider the proper sequence while uploading the forms as prescribed by MCA. For example, if the case is of incorporation of a company, the sequence will be:-
    • SPICe+
    • MoA
    • AoA
    • Agile pro
    • Form INC9

Procedure to upload linked forms on MCA Portal

In case of MCA filing, the person needs to upload the forms on MCA Portal. Furthermore, uploading of linked forms on the MCA portal needs to be done through the following steps

  1. Login MCA

    Go to the MCA Portal and login into your MCA account.

  2. Select upload e-forms

    Click on MCA services. Under e-filing select the option ‘Upload e-forms’. A screen to upload forms will get displayed.

  3. Linked forms

    Click on normal forms/ Resubmission SRN as the case may be. Select linked forms.

  4. Add more linked forms

    Click on the ‘Add more linked forms’ option to add more linked forms. A User can add maximum of ten linked forms.

  5. Browse the file

    Click on Browse and select the forms that are to upload. Ensure the sequence is right while uploading the linked forms otherwise, it will show an error on upload.

  6. Upload forms

    Click on Upload to upload all the linked forms.

  7. SRN generation

    After the pre scrutiny check happens and after the successful upload, SRN will get generated for the uploaded forms. However, if there is an error in upload, MCA will show a box containing an error on the screen.

  8. Payment

    After successful upload of the forms, proceed to make payment. Once the payment is successful, the receipt will get generated.

FAQs

How many maximum linked forms can I upload on MCA?

You can upload a maximum of ten linked forms on MCA site at a time.

How will I get to know that are linked forms uploaded successfully or not?

If your forms are uploaded successfully the SRN will get generated for forms over the screen. However, if forms are not uploaded successfully, the screen will show a box showing errors in the upload.

What are the errors that MCA shows while uploading linked forms?

The common error that is shown while uploading linked forms is that linked forms are not in the proper sequence. It will also show you the sequence to be followed while uploading the linked forms. Apart from that, it will also show an error if DSC attached on the form is not registered with MCA or not affixed properly.

If I have submitted and uploaded all the linked forms of SPICe+ for the incorporation of my Company and the payment for PAN and TAN has been made while the payment for stamp duty is pending, should I consider my forms upload successful?

Once you upload the forms, SRN will get generated if there is no error. It means that the upload is successful. Then it will redirect you for payment. In your case, if PAN and TAN payment is made, it takes time sometimes for clearance of payment. You can track the SRN on MCA and can proceed further for payment of stamp duty.

SPICe+ Form Overview

The Ministry of Corporate Affairs has introduced a new form for incorporation of companies under the Ease of Doing Business (EODB) initiative. The name of the form is SPICe+ form. The full form of SPICe is Specified Proforma for Incorporating a Company Electronically.

What is SPICe+Form?

It is an integrated web form which offers 10 services at one go thereby saving time and cost as well as simplifying the process for Starting a Business in India.

This form provides the facility for incorporation of any company including Private company, OPC, Producer company, Unlimited company, Section 8 company, Nidhi company or any other company.

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Features of SPICe+ Form

  • SPICe+ offers 10 services in total which we split into two parts i.e. Part A and Part B.
    • The part A provides a person with the facility for reservation of name for his new company.
    • Part B offers the other nine services which are as follows:
      1. Incorporation of company
      2. Allotment of DIN
      3. Allotment of PAN of the Company
      4. Registration for EPFO
      5. Allotment of TAN of the company
      6. Registration for ESIC
      7. Profession Tax Registration (Maharashtra)
      8. Opening of Bank Account for the Company
      9. Allotment of GSTIN for the company

Forms for Incorporation of Company

The person who wishes to incorporate a Company needs to fill and upload following forms:-

  1. SPICe+ Part A (Reservation of Name)
  2. SPICe+ Part B
  3. Agile Pro Form
  4. SPICe MOA
  5. SPICe AOA
  6. INC-9 (Autogenerated)

Major Updates after the Introduction of SPICe+ Form

  • The SPICe+ form has replaced the old SPICe form for the incorporation of companies.
  • Furthermore, the AGILE Pro form has replaced the AGILE form through which the company needs to apply mandatorily for EPFO/ESIC/Bank Account at the time of filing the SPICe+ Form for the company.
  • The registration of EPFO and ESIC has become mandatory for companies incorporated on or after 15th February 2020.
  • Furthermore, the companies are also required to open a bank account through the AGILE-PRO form.
  • In case the total numbers of subscribers are less than 20 and have DIN or PAN the declaration of INC-9 will be auto-generated and will be uploaded with other linked forms in SPICe+.

Documents Required for SPICe+ Form

The Form SPICe + and its linked forms for incorporation of Company requires different attachments.

Attachments for SPICe+ Part B

  • Utility bills copy for office address (not older than 2 months)
  • Notarized and Stamped Rent agreement/ Lease Agreement for Registered office of Company (in case applicable)
  • NOC from the owner of the property
  • PAN of each Director (Mandatory)
  • Proof of identity of subscribers and directors (Passport/ Voter ID/Driving license)
  • Address Proof of subscribers and directors (Bank Statement/Electricity bill/ Mobile bill/ Telephone bill)- not older than 2 months
  • Proof of identity and address of Applicant I, II, III in case applying for DIN for directors
  • The interest of director in other entities along with the name and CIN/LLPIN/FCRN of an entity, designation, amount, and percentage of holding (in case the director has an interest in other entity)
  • Consent to act as director (DIR-2)
  • Declaration by first director(s) and subscriber(s) (INC-9)
  • Consent of Nominee (in case of OPC)

Attachments in Agile Pro Form

  • Proof of Office Address for GSTN
  • Proof of appointment of Authorized signatory for GSTN (in case applying for GST)
  • Specimen signature of Authorized signatory for EPFO
  • Proof of Identity of Authorized Signatory
  • Proof Of Address of Authorized Signatory
  • Photos of all the directors (Size up to 100KB)
Always check the size of your Incorporation Forms before uploading on MCA Portal. The size of any form of Incorporation should not exceed 6 MB. In case the size exceeds, forms will not be accepted by MCA.
Tip
Always check the size of your Incorporation Forms before uploading on MCA Portal. The size of any form of Incorporation should not exceed 6 MB. In case the size exceeds, forms will not be accepted by MCA.

Details required

  1. Company’s proposed names in the order of preference
  2. Correspondence and Registered office of the company
  3. Capital Structure of Company
  4. Contact Details of the company (contact no, email id)
  5. Names of directors (minimum 2 having valid DSC)
  6. Details of directors and subscribers
    • Father’s name
    • Address (present and permanent)
    • DIN/PAN/CIN
    • Date of Birth
    • Contact number
    • Email address
    • Place of birth
    • Occupation
    • Educational Qualification
    • Duration of stay at current address
    • Designation and holding in the company
    • Nationality and citizenship
SPICe+ Instruction Kit
You can also refer to this Instruction Kit of SPICe+ for filing this new web based form.
Download
SPICe+ Instruction Kit
You can also refer to this Instruction Kit of SPICe+ for filing this new web based form.
Download

Procedure for Incorporation of Company through SPICe+

Lets learn how to fill and upload SPICe+ for incorporation of a Company.

  1. Login to MCA

    Login to MCA portal. Go to ‘MCA services’ and click on ‘SPICe+’.

  2. New Application

    Click on ‘new application’. However if you have already filed Part A you can choose existing application.
    Fill Part A of the SPICe+. Furthermore complete all the details for reservation of name of the proposed company including:-
    Type of company
    Class of company
    Category of company
    Sub-category of company
    Main division of industrial activity of company (description will automatically get filled according to code user chooses)
    Particulars of proposed or approved name

  3. Automatic scrutiny of name

    Click on ‘Autocheck’ button for automatic scrutiny of proposed name. Click on ‘Save’ button.

  4. Submit Application

    Submit your application for Part A by clicking on ‘Submit’ button.

  5. Name approval letter

    MCA will provide you the Name approval letter. Furthermore MCA will provide the user 20 days time period for filling other forms and uploading on MCA site.

  6. SPICe+ Part B

    Now proceed for Part B of SPICe +.

  7. Enter required details in SPICe+ Part B

    Complete the basic details regarding the company to be incorporated which shall include:-
    Capital structure of the proposed company
    Address of the proposed company
    Contact details of the proposed company (email address and contact number of company)

  8. Subscribers and directors details

    Further enter the given details for subscriber and subscribers.
    Number of first subscribers of MoA and directors of company (having DIN or not having DIN)
    Particulars of first subscribers and directors of company
    Number and amount of shares subscribed
    Interest in other entity (if any)

  9. Stamp duty

    Click on prefill button. As a result, amount of stamp duty will get prefilled according to the respective State of ROC.

  10. Issuance of PAN & TAN

    Furthermore enter the details required for issuance of PAN and TAN. You need to enter the area code for PAN and TAN of the company.

  11. Fill in the required details

    Fill your sources of income. Enter the Business/Profession code.
    Upload the mandatory attachments in the eform. In optional Attachments you can attach Form INC-9 and DIR-2 for each partner.

  12. Submit the declarations

    Finally, submit the relevant declarations and click on pre scrutiny.

  13. Submit the form

    Once the pre scrutiny is successful submit the SPICe+. Fill the other linked mandatory forms :-
    AGILE Pro
    eMOA (Charter of the company)
    eAOA (Rules and regulations)
    INC-9

  14. Download the form

    After filling all the linked forms to SPICe+, download the Spice forms.
    Get the forms signed by director and professional who certifies the forms.

  15. Upload forms and make payment

    Further upload all the linked forms in proper sequence. If the upload is successful, SRN will get generated. However in case of failure it will show error.
    Now make payment. On successful payment receipt will be generated.

FAQs

I want to incorporate a private ltd company. How many names can I propose for my new company in SPICe+ application?

If you are making application for name reservation only i.e. SPICe+ Part A, then you can submit two names. If you are filing complete SPICe+ form, then you are allowed to propose only one name for your company.

What is the difference between SPICe form and SPICe plus Form?

SPICe Form is an eform which only offered the facilty of reservation of name of the company, incorporation of company and allotment of DIN. While SPICe Plus Form is an integrated web form offering 10 services which includes name reservation, incorporation, allotment of DIN, PAN, TAN GSTIN, EPFO registration, ESIC registration Profession tax registration and opening of bank account.

How many DINs can be applied for through SPICe+ while incorporating the company?

Maximum 3 DINs are allowed to be applied through a SPICe form while incorporating a company other than producer company. In case of producer company applicant can apply for maximum 5 DINs.

I want to incorporate a private limited company. Do I need to attach MoA and AoA in the SPICe+ attachments?

As you are incorporating a private limited company, you need not attach MoA and AoA in attachments to SPICe+. MoA and AoA are required to be filled as linked forms to SPICe+ which will then be uploaded on MCA site.

I have submitted and uploaded all the forms of SPICe+ and made payment for PAN and TAN. I am not able to make the payment for Stamp duty. Status of SRN is also showing pending. What should I do?

As you have uploaded the forms and made the payment for PAN and TAN , it might take 48 hours time to clear the payment. However the forms are successfully uploaded.