Are you registering a company and are now wondering what the INC 9 form is? This form is a crucial document. All directors and subscribers of a company need to submit it to the Ministry of Corporate Affairs (MCA). This is an important form; you have to file it during company registration. In this article we will go into what is the INC 9 form, who needs to file it, what is INC-9’s new format, as well as how to file INC 9 form online.
What is INC 9 form?
This form serves as a declaration platform for directors and subscribers of a company. you submit it to the Ministry of Corporate Affairs (MCA). This submission of the Memorandum of Company Association (MCA) enables them to assert their innocence regarding any criminal offenses under the law or any applicable acts. Likewise, similar to the MCA submission, the submission of the Registrar of Companies (ROC) assists directors and subscribers in outlining specific policies pertaining to document submissions.
Who needs to file it?
One must attach the INC 9 form of Ministry of Corporate Affairs MCA with the SPICe INC-32 form during the registration process of a company. The following individuals have to submit the form:
- All subscribers of the company.
- All first directors of the company.
As of of 2022, the form has been changed to be an online form. The INC-9 new format requires you to file inc 9 form online on the MCA website.
Note: Non-Resident Indian (NRI) first directors and subscribers must use an apostilled service to validate the form.
How to File INC 9 Form Online?
Here is a step-by-step guide on how to file the form online:
- Document theform as an attachment to the INC-32 form of the SPICe+ form.
- You must duly fill the form and authorize it with the signature of the first director and subscriber before filing the SPICe INC-32 form.
- Complete the company registration process.
- For company filing, all first directors and subscribers must obtain a declaration and create a PDF document accordingly.
How to create INC-9 form?
You can easily create an INC-9 form in accordance with INC-9’s new format online through an automatic generator. One can also find auto-generated INC-9 forms in PDF format on the MCA (Ministry of Corporate Affairs) website. It is important to note that while you can generally submit INC-9 forms online, there are exceptions to this rule. Specifically, electronic submission is not allowed in cases where the total number of subscribers and directors exceeds twenty. Additionally, if any directors or subscribers do not possess a personal account number or Director Identification Number, electronic submission is not permitted.
Who cannot file the INC-9 Form Online?
It’s important to note that not everyone can submit INC-9 online. The following can’t file it electronically:
- If the total number of subscribers and directors exceeds twenty.
- If any directors or subscribers do not have a personal account number or Director Identification Number.
Some Final Pointers:
- Section 9(1)(c) of the Companies Act of 2013, requires that any previous documentation submitted to the ROC within the last five years under any previous law must be genuine, complete, and true to the best of their belief and knowledge.
- According to Rule 15 of the Companies (Registration Offices and Fees) Rules, 2014, each subscriber and first director mentioned in the INC-9 form of MCA must submit the declaration to the MCA.
- The declaration by the first directors and subscribers should confirm their innocence regarding any criminal offenses such as ones related to the promotion, management, and formation of a company.
Inc-9 is a very important form. All Company owners must know all about it, be it what is an INC 9 form, how to file INC-9 form online, INC-9’s new format etc, as every company mandatorily has to file it. Via this form the MCA protects shareholders and consumers by ensuring that companies are only led by the right people.