Starting a new business venture, whether in the form of private limited company registration, LLP, OPC or any other corporate body, involves navigating various legal formalities and paperwork. Among these, the filing of the INC 9 Form with the Ministry of Corporate Affairs (MCA) in India is a crucial step in the incorporation process. Understanding what the INC 9 Form entails and how to file it online is essential for entrepreneurs and business owners. Hence we came up with the current blog where we are going to discuss this form in detail so there will be no confusion regarding the same amount of entrepreneurs.
What is INC 9 Form?
The INC 9 Form, mandated by the MCA, primarily seeks information related to an individual’s declaration which is in compliance with the Companies Act, 2013. This form serves as a declaration by the proposed directors/promoters/subscribers of a company attesting to their eligibility and non-disqualification under various provisions of the law. The Form INC-9 shall be apostilled (method of certifying document for use in another country) by NRI subscribers and notarized by first directors.
Information Declared in the INC 9 Form
Ensure all the information that has been provided through the Form INC 9 must be accurate and up-to-date in order to avoid any discrepancies or delays in the approval process. Keep supporting documents ready in the prescribed format for seamless attachment during the filing process. Timely payment of fees is required to complete the filing procedure. Hence the one who wants to file this form must collect all the mentioned things even before starting the filing process. Some of the key information declared under the Form INC 9 is given below:
- Personal details of the directors/promoters/subscribers such as name, address, PAN (Permanent Account Number), Aadhaar number, etc.
- Declaration of not being declared as a proclaimed offender by any economic offenses court.
- Affirmation that the Registrar of firms (RoC) has not revoked the affiliation of the undersigned with any firms.
- Confirmation of not having been declared as wilful defaulters by any bank or financial institution.
- Assertion of not being convicted of any offense under the Companies Act, 2013.
Process of Filing Form INC 9
The MCA website has an auto-generated form INC-9 in PDF format. This Form INC -9 is an attachment of SPICe INC-32. Ensure to gather Declaration from all the Subscribers and First Directors of the company and create a single PDF file of the same. The MCA has streamlined the process of filing the INC 9 Form by providing an online platform. Follow below step in order to file the mentioned form with the Ministry of Corporate Affairs:
- Access the Ministry of corporate Affairs official portal and log in through the valid user ID and password or we can say valid credentials.
- Navigate to the e-Filing section on the homepage and open SPICe Form INC-32.
- Enter the necessary information accurately in the designated fields as per the guidelines provided.
- Go to Attachments and click on Attach against Declaration by first subscribers and directors and attach INC-9 saved in PDF format.
- Before submitting the form, carefully check the information provided to make sure it is accurate.
- Pay the prescribed fees online through the secured payment gateway.
- You will receive an acknowledgment receipt with a service request number for future use following a successful submission.
Key Requirements of Filing Form INC 9
Some of the key requirements of filing Form are mentioned or discussed below:
- Form INC-9 is used to verify the registered office address of the company.
- File the form within 30 days from the date of incorporation.
- Provide details about the registered office location, supporting documents, and a declaration of verification.
- Attach recent utility bills (not older than two months), such as electricity or water bills.
- Submit supporting documents like the sale deed, lease deed, or rental agreement along with receipts.
- Directors need to declare that they have physically verified the registered office.
- Pay the prescribed filing fee, which varies based on the authorized capital of the company.
- Ensure timely filing to avoid penalties. Non-compliance may result in legal consequences.
- The form should be digitally signed by a director or manager of the company.
- In some cases, a practicing professional like a Chartered Accountant, Company Secretary, or Cost Accountant may need to certify the form.
- Send the completed form to the relevant Registrar of Companies (ROC) at the company’s registered address.
- Physically verify the registered office to ensure accuracy in the provided details.
Documents Required to File INC 9 Form
Some of the key documents without which this form cannot be file before the MCA are:
- Attach recent utility bills like electricity or water bills (not older than two months) as proof of the registered office address.
- Submit supporting documents such as the sale deed, lease deed, or rental agreement to validate the registered office location.
- Directors need to provide a declaration stating that they have physically verified the registered office and that it is capable of receiving and acknowledging communications.
- The form should be digitally signed by a director or manager of the company. Ensure that the digital signature is valid.
- In certain cases, a practicing professional like a Chartered Accountant, Company Secretary, or Cost Accountant may need to certify the form.
Conclusion
INC 9 form is a crucial requirement for individuals involved in the incorporation process of a company in India. It serves as a declaration of compliance with the Companies Act, 2013, and involves providing accurate personal details, ensuring eligibility, and affirming non-disqualification under various legal provisions. Filing the form online through the Ministry of Corporate Affairs (MCA) website involves a step-by-step process, including accurate data entry, attachment of supporting documents, and online payment of fees. It is essential to adhere to the specified requirements, such as timely filing, accurate documentation, and digital signatures, to avoid legal consequences. Overall, understanding the significance of the Form INC 9 and following the prescribed procedures is vital for a smooth and legally compliant company incorporation process in India.
