Form INC-9 – Declaration by Subscribers and First Directors
Form INC-9 is the declaration that the subscribers and directors will have to submit to memorandum of company to show that they are non-convicted under any act and non-guilty of any offence. Also, all of them have been complying with the norms related to document submission with ROC (Registrar of companies). One will have to attach form INC-9 while submitting the SPICE INC-32 form of registration of a company.
Who will have to attach form INC-9?
All the proposed companies, while submitting form INC-32, will have to attach the form INC-9. Following individuals will have to provide form INC-9;
- All the subscribers of the new company.
- All the first directors of the new company.
What did the Companies Act, 2013 tell?
According to Section 7(1)(c) of The Companies Act, 2013,” an affidavit from each of the subscribers to the memorandum and from persons named as the first directors, if any, in the articles that he is not convicted of any offence in connection with the promotion, formation or management of any company, or that he has not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law during the preceding five years and that all the documents filed with the Registrar for registration of the company contain information that is correct and complete and true to the best of his knowledge and belief”.
As per Rule 15 The Companies (Incorporation) Rules, 2014 , “For the purpose of clause (c) of sub-section (1) of section 7, the affidavit shall be submitted by each of the subscribers to the memorandum and each of the first directors named in the articles in Form No. INC-9”
SPICe- Simplified Proforma for Incorporating a Company electronically
SPICe stands for Simplified Proforma for Incorporating a Company Electronically, and it is an application form for incorporating/registering a business with the MCA. A private limited company, a public limited company, a one-person company, a Nidhi company, a Section 8 company, or a producer company are all examples of companies. Spice Form, a pdf form, is used to register such businesses with the MCA.
How one can generate for INC-9?
You will find auto-generated form INC-9 in PDF format on the MCA website. One will have to submit the form INC-9 in the electronic form in all cases, except the following;
- The total number of directors or/and subscribers is more than twenty.
- Any such directors or/and subscribers do not have PAN or DIN.
