What is Form INC 9?

Form INC 9 is a declaration form wherein the director and subscribers to memorandum of the company give a declaration that he/she has not been convicted under any act and has not been found guilty of any offence and has made all the Compliances with respect to filing of all the respective documents with ROC.

What did The Companies Act, 2013 tell?

According to Section 7(1)(c) of The Companies Act, 2013,” an affidavit from each of the subscribers to the memorandum and from persons named as the first directors, if any, in the articles that he is not convicted of any offence in connection with the promotion, formation or management of any company, or that he has not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law during the preceding five years and that all the documents filed with the Registrar for registration of the company contain information that is correct and complete and true to the best of his knowledge and belief”.

As per Rule 15 The Companies (Incorporation) Rules, 2014 , “For the purpose of clause (c) of sub-section (1) of section 7, the affidavit shall be submitted by each of the subscribers to the memorandum and each of the first directors named in the articles in Form No.INC.9”

Impact of The Companies (Amendment) Act, 2017

The Companies (Amendment) Act, 2017 came into effect from 3rd of January 2018. With this even section 7(1)(c) got amended.

The amended section 7(1)(c) says that ”a declaration from each of the subscribers to the memorandum and from persons named as the first directors, if any, in the articles that he is not convicted of any offence in connection with the promotion, formation or management of any company, or that he has not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law during the preceding five years and that all the documents filed with the Registrar for registration of the company contain information that is correct and complete and true to the best of his knowledge and belief”

The amended Rule 15 says, “For the purposes of clause (c) of sub-section (1) of section 7, the declaration (affidavit) shall be submitted by each of the subscribers to the memorandum and each of the first directors named in the articles in Form No.INC-9.”

The word affidavit was replaced by the word declaration

• In the Act: vide The Companies (Amendment) Act, 2017 from 3rd January 2018.
• In the Rules: vide Companies (Incorporation) Third Amendment Rules, 2018 from 27th July 2018.

Hence, now no affidavit is required to be filed with Form INC 9

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