Form INC-9 is a statement that the subscribers and directors must submit to the organization to confirm that they have not been convicted of any wrongdoing and are not currently under investigation for any offense. It also affirms that they have been following the rules for maintaining records as required by the Registrar of Companies (RoC). When filing for the organization’s registration using the SPICE INC-32 form, Form INC-9 needs to be attached.
Governing Law – Form INC-9
According to a specific part of the Companies Act, 2013, anyone who signs up to start a company and those chosen as initial directors must promise they haven’t been found guilty of any crimes related to setting up, promoting, or managing the company. They also say they haven’t broken any laws or committed fraud against any company in the past five years. They need to be sure that all the documents they provide to the Registrar for company registration are correct.
There’s a rule called Rule 15 from the Companies (Incorporation) Rules, 2014, which says that to fulfill this requirement, each person starting the company and those listed as initial directors must sign a statement called Form INC-9.
In 2017, there was a change to the Companies Act, which made it necessary for every person starting the company and those listed as initial directors to submit this statement (now called a declaration) on Form INC-9, confirming they haven’t been convicted of any relevant offenses. This was a replacement of the previous requirement for an affidavit.
SPICe – Simplified Proforma for Incorporating a Company Electronically
SPICe stands for “Simplified Proforma for Incorporating a Company Electronically.” It’s a form used to register different types of companies with the Ministry of Corporate Affairs (MCA). This includes private limited companies, public limited companies, one-person companies, Nidhi companies, Section 8 companies, and producer companies. The SPICe Form, available as a PDF, makes it easier to register these businesses online with the MCA.
Learn more about SPICe – the Simplified Proforma for Incorporating a Company.
Who Needs to Submit Form INC-9?
- When filling out Form INC-32 for company registration, every proposed organization must also fill out Form INC-9.
- The following individuals need to complete the INC-9 form:
- All subscribers of the new organization.
- Each primary director of the new organization.
- For NRI subscribers and first directors, the INC-9 form must be apostilled and notarized.
Procedures for Attaching Documents
Attachment Process for Company Registration in Chennai
To apply for company registration in Chennai, follow these simple steps:
- Open the SPICe Form INC-32.
- Access the SPICe Form INC-32, which is the application form for company incorporation.
- Navigate to the Attachments Section.
- Click on the “Attachments” section within the form.
- Select Declaration by First Subscriber(s) and Directors.
- Choose the option “Declaration by First Subscriber(s) and Directors” from the Attachments menu.
Note: In most cases, Form INC-9 must be submitted electronically. However, there are exceptions:
- If there are more than twenty directors or subscribers.
- If any of the directors or subscribers do not have a PAN or DIN number.
For detailed guidance, refer to the attached Form INC-9 provided here:
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