Last updated: March 2nd, 2022 6:16 PM

MCA Form INC-9  -Declaration by Subscribers and First Directors

Form INC-9 is a declaration that the subscribers and directors shall send to the notice of the organization to establish that they have not been sentenced under any demonstration and are not at real blame for any offense. Furthermore, they've all been adhering to the guidelines for record-keeping accommodations with RoC. (Registrar of organizations). When providing the organization's SPICE INC-32 kind of enlisting, form INC-9 should be connected.

Governing Law - Form INC-9

According to section 7(1)(c) of the Companies Act, 2013, every subscriber to the memorandum and people identified as first directors, if any, in the articles must swear that they have not been convicted of any crime related to the company's establishment, promotion, or management. They are also not liable under this Act for any misfeasance, fraud, or breach of duty owed to any corporation. And any previous company law in effect over the previous five years, as well as the fact that all documents presented to the Registrar for company registration contain information that is reliable, complete, and true to the best of their knowledge and belief. According to rule 15 of the Companies (Incorporation) Rules, 2014, in order to achieve the goal of clause (c) of sub-section (1) of section seven, each subscriber and each first director mentioned in the articles in the form INC-9 must submit an affidavit to the memorandum.

• The Companies (Amendment) Act of 2017 went into effect on January 3rd, 2018. The adjustments in section 7(1) were visible (c).
• A declaration from every subscriber to the memorandum and from individuals identified as the first directors, if any, in the articles that they have not been convicted of any offence relating the creation, promotion, or management of the company is required under the modified section 7(1)(c).
• Every subscriber and each first director specified in the articles in the form INC-9 will be required to submit the declaration to the memorandum for the purpose of clause (c) of sub-section (1) of section seven, according to the modified regulation 15.
• As previously indicated, the word 'declaration' replaced the phrase 'affidavit' in the rules.

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. Know more about the SPICe – Simple Form for Incorporating Company

Who really should link from INC-9?

When completing form INC-32, each of the proposed organizations should also complete form INC-9. The people listed below should fill out the INC-9 form:

• Each and every one of the new organization's subscribers.
• Every single one of the new organization's primary directors.
• The form INC-9 shall be apostilled and notarized by NRI subscribers and first directors.

Attachment Procedures

The MCA website has an auto-generated form INC-9 in PDF format. Form INC-9 should be documented as an attachment to SPICe INC-32. Before documenting SPICe INC-32, it should be ready and endorsed by a supporter/first director. Because this is an attachment to SPICe INC-32. You must first obtain Declarations from all of the organization's Subscribers and First Directors. Create a single PDF document of something pretty similar. Also, follow the steps listed below. In a few simple steps, you can apply for a company registration in Chennai. 1. Open the INC-32 SPICe structure. Open the SPICe Form INC-32 – Organizational Joining Structure. 2. Go to the attachments section. Select Attach against Declaration by First Subscriber(s) and Directors from the Attachments menu. Note: In all circumstances, except the ones listed below, the INC-9 must be submitted electronically.

• There are more than twenty directors or subscribers in total.
• These directors and/or subscribers do not have a PAN or DIN number.

The Form INC-9 is attached here for reference: [pdf-embedder url="https://www.indiafilings.com/learn/wp-content/uploads/2022/03/INC9.pdf"] For more details on Form INC-33 – SPICe MOA – Procedure, click here