INC-9 form provides information or statements that declares directors and subscribers of a company to submit MCA. Submission of MCA (Memorandum of Company Association) helps them to indicate that they are not guilty of any criminal offense by the law and under any act. Similar to MCA, Submission of ROC helps directors and subscribers to specify certain policies related to document submission.
Who is supposed to attach form INC 9?
While registration of a company is started, one has to attach this INC 9 form of MCA during the submission of SPICe INC-32 form. Listed below are specified individuals who have to submit an INC-9 form.
- All the subscribers have to submit this form
- All the first directors have to submit this form.
Note – NRI first directors and subscribers must use apostilled service to validate INC-9.
How to file INC-9 form Online?
- Listed below are step-by-step procedures to attach the INC-9 online
- The INC 9 form of MCA must be documented as an attachment to the SPICe INC-32 form
- The INC-9 must be available and authorized by the first director and subscriber earlier to the documentation of the SPICe INC-32 form
- Company filing must be done
- For company filing, all the first directors and subscribers must obtain a declaration. And create a document in PDF format.
In Chennai, applying for company filing includes two steps
- Open SPICe INC-32 form – Open the SPICe INC-32 structure to join the organization
- Navigate to the attachments – Go to Attachments, click on Attach file to attach Declaration by first Directors and subscriber(s).
How To Create An Inc-9 Form Online Using An Auto Generator
On the MCA website, you can look for auto generated INC-9 forms in PDF format. All the INC 9 form of MCA can be submitted in the electronic form except for few that includes:
- If the total number of subscribers and directors are more than twenty.
- If any directors and subscribers doesn’t not have a personal account number or Director Identification Number.
Result of the company’s act of 2013
According to the company’s act of 2013. The changes in section (1) © were noticed. According to this act, the section of amendments records the declaration of first directors and subscribers as not guilty against any criminal offense by law and under the act that includes promotion, management and formation of a company. And any documentation submitted within the last five years to ROC under any previous law that includes necessary information must be genuine, completed and true to the best of one’s belief and knowledge.
According to rule 15 of the Pvt Ltd company registration in india act of 2013. The changes in section (1) © were noticed. Each and every subscriber and first director whose name is mentioned in the INC 9 form of MCA must submit the declaration to MCA.
Result of the company’s amendment act of 2017
According to the company’s amendment act of 2017 which came into notification on 3/1/2018. The changes in section (1) © were noticed.
According to this act, the section of amendments records the declaration of first directors and subscribers as not guilty against any criminal offense by law that includes promotion, management and formation of a company.
It also includes that each and every subscriber and first director whose name is mentioned in the INC 9 form of MCA must submit the declaration to MCA.
Conclusion
The INC-9 form, required during new company registration, must be submitted by all subscribers and first directors as a declaration of their non-involvement in criminal offenses related to the promotion, management, or formation of the company. This form is a mandatory attachment to the SPICe INC-32 form and must be completed and validated, particularly for NRI directors and subscribers who require apostilled services. The process involves filing electronically unless specific conditions apply, ensuring compliance with the Companies Act of 2013 and subsequent amendments, emphasizing accuracy and truthfulness in all submitted documents.
