What is Form INC-9 and how to submit it?

Introduction

Form INC-9 is a declaration by directors and subscribers of a company establishing that they are not convicted of any offence under any law. When submitting the SPICe+ form for registration of the company, a company must attach the auto-generated Form INC-9. When you file it, you must comply with all the guidelines specified by ROC. In this blog, we will learn about the process to submit Form INC-9.

What is Form INC-9?

Form INC-9 is a declaration made by all of the subscribers and initial directors of the company stating that they have never been found guilty of any crime or fine or imprisonment.

Who is mandated to attach Form INC-9?

When filing form SPICe+ Form for registration of the company, all proposed companies are required to attach form INC-9. The following people must submit the form:

• All the subscribers of the new company have to submit this form.

• All the directors of the new company have to submit this form.

It is to be noted that subscribers and directors who are NRI will have to provide a notarized and apostilled Form INC-9.

What is the process to submit Form INC-9?

1. First you need to download the format of Form INC-9 (Declaration by all subscribers and first directors).

2. Ask each director and subscriber to fill in the form as prescribed and combine all of them into a single PDF under the name ‘ Declaration by subscribers and first directors.

3. Open the SPICe+ Form which is an application form for incorporating/ registering your business with MCA. Then attach the single PDF you created.

Note: Except for the cases mentioned below, the form is submitted online. The exceptions include:

• In case, there are more than twenty subscribers or directors in total.

• In case, these directors or subscribers do not have a DIN or PAN card.

What the Companies Act,2013 has to say about Form INC-9?

• According to section 7(1)(c) of the Companies Act 2013, each subscriber to the memorandum and any first directors listed in the articles must declare on oath that they have never been convicted of a crime related to the creation, expansion, or administration of the business.

• The director and subscriber are not liable under this Act for any wrongdoing, fraud, or infringement of duty due to a company.

• Also, any papers submitted to the Registrar for company registration must contain information that is accurate, comprehensive, and true to the best of their knowledge. These documents must be submitted in accordance with prior company laws that have been in force over the past five years.

• Every subscriber and each first director named in the articles of this Form must provide an affidavit to the memorandum in accordance with rule 15 of the Companies (incorporation) rules, 2014, for the purposes of section 7 (1) (c).

Bottom line

We will conclude by saying that it is necessary to file Form INC-9 because it consists of several declarations by directors and subscribers that prevent the company from facing any legal consequences in future. Such a declaration stays that the directors and subscribers are not convicted of any offence.