Form No. INC-9 and FORM No. INC-32 substituted by MCA

The Ministry of Corporate Affair (MCA) has notified Companies (Incorporation) Second Amendment Rules, 2022 to further amend the Companies (Incorporation) Rules, 2014. Through this amendment, the Ministry has substituted Form No. INC-9 (Declaration by Subscribers and First Directors) and FORM No.INC-32 (SPICe+). The new form will be effective from 1st June 2022. The Companies (Incorporation) Second Amendment Rules, 2022 is briefly explained in the present article.

Form INC-9 - Declaration by Subscribers and First Directors

Form INC 9 is a declaration form wherein the director and subscribers to the memorandum of the company give a declaration that he/she has not been convicted under the Companies Act and has not been found guilty of any offense and has made all the Compliances concerning the filing of all the respective documents with Registrar of companies (ROC). One will have to attach form INC-9 while submitting the SPICE INC-32 form of registration of the company. The Form INC-9 is to be attached with SPICE INC-32 under Section 7(1) (c) to the companies Act, 2013 and rule 15 of the Companies (Incorporation) Rules, 2014.

Companies (Incorporation) Second Amendment Rules, 2022

The Ministry of Corporate Affair (MCA) has notified Companies (Incorporation) Second Amendment Rules, 2022 to further amend the Companies (Incorporation) Rules, 2014. Through this amendment, the Ministry has substituted Form No. INC-9 (Declaration by Subscribers and First Directors) and FORM No.INC-32 (SPICe+). The new form will be effective from 1st June 2022. The Companies (Incorporation) Second Amendment Rules, 2022 is briefly explained in the present article.

Amendment in Form No. INC-9

According to the Companies (Incorporation) Second Amendment Rules, 2022, the following person needs to provide a declaration in Form No. INC-9:

• The authorized person of non-individual first subscribers
• Particulars of individual first subscribers other than subscriber cum director
• Individual first subscribers cum directors
• Directors other than the first subscriber

Amendment in Declaration Details of Form INC-9

According to Companies (Incorporation) Second Amendment Rules, 2022, subscribers/directors of a company will have to submit an affidavit to declare the following:

• I have not been convicted of any offense in connection with the promotion, formation, or management of any company during the preceding five years
• I have not been found guilty of any fraud or misfeasance or any breach of duty to any company under the Companies Act for the preceding five years
• I am required to obtain the Government approval under the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 before the subscription of
• I am not required to obtain the Government approval under the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 before the subscription of shares and the same has been obtained and is enclosed herewith
• 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 Attribute of Form INC-9

While filing the SPICe INC-32 form for incorporation of a company, Form INC-9 for a declaration by the Subscriber / First Director of a company needs to be attached. This declaration contains the following information:

• Total number of first subscribers (non-individual + individual)
• Number of non-individual first subscribers
• Number of individual first subscribers cum directors
• Total number of directors
• Name of the Authorized person of non-individual first subscribers
• Income tax Permanent Account Number
• Director Identification number
• Name of the Subscriber/ First Director
• Declaration regarding No Conviction or Offence Registered under Companies Act, 2013
• Declaration regarding No Fraud or Misfeasance Committed under Companies Act, 2013

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