INC-9: Declaration by Subscribers and First Directors
See the declaration each subscriber and first director gives when a company is incorporated through SPICe+.
What it is
When a company is incorporated, each subscriber to the memorandum and each first director declares under Section 7(1)(c) of the Companies Act, 2013 that they have not been convicted of any offence in connection with the promotion, formation or management of a company, have not been found guilty of fraud, misfeasance or breach of duty to a company in the preceding five years, and that the documents filed are correct. This is Form INC-9, which is now generated with the SPICe+ application and signed digitally.
When it is used
- Incorporating a private, public or one person company.
- Checking the declarations before signing SPICe+.
- Where a subscriber needs a separate signed copy for records.
What the template covers
- Name, parentage and address
- PAN
- Role: subscriber, director or both
- Proposed company name
- Declaration of no conviction, fraud or default
- Date and place
Details you will need
The generator asks for the following. Fields marked with an asterisk in the form are required; the rest can be left blank and filled in later in Word.
Declarant
Full Name; S/o, D/o or W/o; Address; PAN; Role
Company
Proposed Company Name
Declaration
Date; Place
Stamp duty, registration and filing
A false declaration attracts punishment for fraud under Section 447. Under current MCA practice, INC-9 is auto-generated as part of SPICe+ and does not need to be on stamp paper or notarised; check the current requirements on mca.gov.in before filing.
Generate the INC-9 — Subscriber & First Director Affidavit
Fill in the form and download the draft as a Word file. It is a general template, not legal or professional advice; have it reviewed for your facts before you sign or rely on it.
Need this checked against your facts, or the registration or filing that follows (e.g. the MCA e-form filing)? Contact SKAG and Associates
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Frequently asked questions
Is INC-9 still required with SPICe+?
Yes, but it is generated by the system as part of SPICe+ and signed digitally by the subscribers and directors.
Does INC-9 need notarisation?
Not under current MCA practice for the auto-generated form. Check the latest instructions.
Who signs INC-9?
Every subscriber and every first director.
This page gives general information for reference only. Laws, stamp duty rates and filing requirements change and differ between States, so confirm the current position for your case. Related: all document templates · free tax calculators · compliance calendar and guides.