Amendment in Rule 38A of the Companies (Incorporation) Rules
Amendment in Rule 38A of the Companies (Incorporation) Rules, 2014
This is to inform you that the Ministry of Corporate Affairs, as part of its Ease of Doing Business (EODB) initiatives has amended the Rule 38A of the Companies (Incorporation) Rules, 2014 relating to Application for registration of GSTIN, ESIC registration, EPFO Registration, Profession Tax Registration and Opening of Bank Account vide its notification dated 07th June 2021.
The Ministry of Corporate Affairs (MCA) vide the aforesaid amendment rules have introduced the facility to take shops and establishment registration at the time of incorporation itself through filing of e-form AGILE-PRO-S (formerly known as AGILE-PRO).
Accordingly, the following consequential amendments have been made in Rule 38A. The pre
and post analysis of the same has been given below:
| S No. | Rule | Pre Amendment | Post Amendment |
| 1 | Rule 38A of the Companies (Incorporation) Rules, 2014 | Application for registration of Goods and Service Tax Identification Number (GSTIN), Employee State Insurance Corporation (ESIC) registration, Employees’ Provident Fund organisation (EPFO) Registration and Profession Tax Registration and Opening of Bank Account. The application for incorporation of a company under rule 38 shall be accompanied by e-form AGILE-PRO (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 with effect from the 23rd February, 2020 (d) Opening of Bank Account with effect from 23rd February, 2020. | Application for registration of Goods and Service Tax Identification Number (GSTIN), Employee State Insurance Corporation (ESIC) registration, Employees’ Provident Fund organisation (EPFO) Registration and Profession Tax Registration and 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 (d) Profession Tax Registration with effect from the 23rd February, 2020 (e) Opening of Bank Account with effect from 23rd February, 2020. (f) Shops and Establishment Registration |
| 2 | Annexure to the said rules | eform INC-35 (AGILE-PRO) | eform INC-35 (AGILE-PRO-S) |
Notification is available at the link https://www.mca.gov.in/bin/dms/getdocument?mds=r2JGVOj52RJgsqksMI8Hqw%253D%253D&type=open
Members may take note of the above and plan accordingly.
