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Form INC-9 is filed by the proposed first director(s) of a company to declare their eligibility for directorship under the Companies Act. It requires information on their directorship in other companies, past disqualifications, and ongoing convictions. This ensures that the directors meet the criteria for holding a directorship in the company.
Sample Document
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Form INC-9 is filed by the proposed first director(s) of a company to declare their eligibility for directorship under the Companies Act. It requires information on their directorship in other companies, past disqualifications, and ongoing convictions. This ensures that the directors meet the criteria for holding a directorship in the company.
- Use this to get a preview of the INC-9 form and understand what declarations you will be making.
- You will need to attach it to SPICe+ Part B againt 'Declaration by first subscriber(s) and director(s)' section.
- Note: This is only a sample form and not an official e-form. Find the official form on the MCA website.
Form INC-9
Form INC-9 is a Declaration submitted to affirm that you ( as a director or subscriber) have not been convicted under any law and are not culpable of any offense. It is a means to declare your compliance with record-keeping regulations outlined by the Registrar of Companies (RoC).
It's obligatory to include this form when completing the SPICe+ Part B form for the registration of your company, regardless of its type—Private Limited Company, One Person Company (OPC), Public Limited Company, or Section 8 Company.
It is a must to attach this declaration, if you are a first-
- Subscriber of the proposed company
- Director of the proposed company
Example of an INC-9
Key information/ Declaration under the Form INC 9
The format of INC 9 form includes the following sections:
- Number of Directors/ Subscribers having valid DIN on non-valid DIN.
- Particulars of directors, promoters, and subscribers, including name, address, PAN (Permanent Account Number), Aadhaar number, etc.
- Declaration by-
• Non-individual first Subscribers
• Individual first subscribers (other than subscriber cum director)
• Individual first subscribers / Directors
• Directors ( Other than first Subscribers)
The Declarations made irrespective of directors or subscribers are the following:
- Affirmation of not being declared an offender by any economic offenses court.
- Confirmation that the undersigned's affiliation with any firms has not been revoked by the Registrar of Firms (RoC).
- Declaration of not being declared a wilful defaulter by any bank or financial institution.
- Assertion of not having been convicted of any offense under the Companies Act, 2013.
Documents Required while submitting the INC-9
The documents required for Form INC-9 include:
- Director Identification Number (DIN) of Directors:
DIN is a unique, alphanumeric identifier assigned to each individual appointed as a Director. The allotment of DIN is done through SPICe+ webform so in case you don’t have a valid DIN, you can proceed with the PAN details as mentioned below. - Income Tax- Permanent Account Number (PAN) Details:
For Directors/Subscribers without a Valid DIN, PAN details for directors or subscribers required. - Digital Signature Certificate (DSC) of Subscribers/Directors:
DSC is a secure digital key issued by a Certifying Authority (CA) that validates the identity of the Subscriber/Director when submitting forms to the Government Authorities.
Note: In case of a NRI Subscriber/Director, the INC-9 must be notarized and apostilled before submission.
How to Submit INC-9?
To submit Form INC-9, follow these steps:
- Access the MCA portal and log in to your account with valid credentials.
- Navigate to the SPICe+ form section.
- In the Attachments section, select "Attach" next to Declaration by first subscribers and directors, and upload the INC-9 document saved in PDF format.
- Repeat the process for all other relevant attachments and proceed to submit the Part B form.
Note: Online submission of the form INC-9 is the standard procedure, with the following exceptions:
- In cases where the total number of subscribers or directors exceeds twenty.
- In instances where directors or subscribers lack both DIN & PAN.
Fees for INC-9 in India
The INC-9 form incurs no additional fees and can be submitted seamlessly alongside your other incorporation forms and documents.
Frequently Asked Questions
Is INC-9 Mandatory?
Yes, INC-9 is mandatory for the registration of a company in India. It is an important declaration made by the first subscribers and directors of the company, affirming their eligibility and confirming that they are not disqualified under various provisions of the law.
Can Form INC-9 be submitted separately from other forms?
No, INC-9 is an integral attachment of the SPICe+ Part B form used for company registration processes. It needs to be submitted along with other relevant forms and documents.
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#entrepreneur #tbsmagazine #rize #razorpay #feedback
We just got incorporated yesterday.
Thanks to Rize team for all the Support.
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CHEERS 🥂
#entrepreneur #tbsmagazine #rize #razorpay #feedback
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