Defining the form INC-9 of MCA.
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 the 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.
NRI subscribers and first directors will have to provide apostilled and notarised form INC-9.
What do the companies Act, 2013 says about INC-9?
As per section 7(1)(c) of the companies act, 2013, the affidavit from every subscriber to the memorandum and from individuals named as first directors, if any, in the articles that there is no conviction on them of any offence concerning the formation, promotion, and management of the company. And they are not guilty of any misfeasance and fraud or breach of duty to any company under this Act. And any previous company law applicable during the last five years and that all the documents submitted with Registrar for registration of the company include the 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, for the objective of clause (c) of sub-section (1) of section seven, every subscriber and each first director named in the articles in the form INC-9 will have to submit the affidavit to the memorandum.
Impact of the Companies (Amendment) Act, 2017.
The companies (amendment) Act, 2017 came into force on the 3rd of January, 2018. We saw the changes in section 7(1)(c).
The amended section 7(1)(c) notes that a declaration from every subscriber to memorandum and from individuals named as the first directors, if any, in the articles that there is no conviction on them of any offence concerning the formation, promotion, and management of the company.
The amended rule 15 says that for the objective of clause (c) of sub-section (1) of section seven, every subscriber and each first director named in the articles in the form INC-9 will have to submit the declaration to the memorandum.
The word ‘declaration’ replaced the word ‘affidavit’ in the norms as mentioned earlier.
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.
Form INC-9 declaration format
Form No. INC-9.
[Under the section 7(1)(c) of the Companies Act, 2013 and rule fifteen of the Companies (Incorporation) Rules, 2014]
Name of the Company: ____________________
I, _________________________, D/o/S/o __________________ being the subscriber to the memorandum/ named as first director in the articles, of the above-named proposed company, hereby solemnly declare and affirm that:
- I have not been convicted for any offence in connection with the promotion, formation or management of any company during the preceding five years; and
- I am not guilty of any fraud or misfeasance or any breach of duty to any company under this Act or any previous company law during the preceding five years; and
- 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 my knowledge and belief.