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How Does the Inc 9 Form of MCA Work? How Do I File It Online?


Last Updated on January 10, 2024 by Kanakkupillai

MCA recently implemented the SPICe+ or INC-9 form on their website for all subscribers and first directors of companies to voluntarily declare that they have never been charged or convicted of any criminal act or regulation. It can be filed online for free, and this article will assist in making the filing process clearer.

What is the Inc-9 Form of MCA?

The INC-9 form of MCA is an essential document required of all subscribers and directors of a new company, serving as a declaration that states they have not been charged with any criminal offences; further, this statement affirms they have not committed acts of fraud, misappropriation or theft concerning company registration documents submitted at ROC. A signed and notarized INC-32 form must include this mandatory attachment when submitted at ROC to register new businesses.

Filing an INC 9 form is straightforward and swift. First, directors and subscribers must sign it, then scan it as a PDF file before uploading it to the MCA portal and other incorporation forms. At that point, an SRN number will be generated to track status updates regarding incorporation paperwork.

To submit the INC-9 form, log into the MCA portal and select the RUN option on its home page. Next, from within MCA Services, choose SPICe+ from its menu of features. Once you click on this feature, the following screen will appear.

The SPICe + option is an advanced version of the SPICe form that offers additional services such as name reservation, DIN allocation, mandatory issue of PAN/TAN/ESIC/Profession Tax/Profession Tax (Tamil Nadu), opening a Bank Account, as well as NOC submission from the landowner. To avail of this service, you first must obtain name approval from MCA; once approved, you can fill in the SPICe+ form with the SRN of the RUN section.

Who is mandated to attach the Inc 9 Form of MCA?

Form INC 9 must be filed following company registration to certify that all subscribers and first directors have not committed any criminal acts and that all requirements have been fulfilled in compliance with all relevant laws. This form forms an integral part of company formation, so all shareholders and first directors should attach it with their online submission for SPICe INC 32 submission.

This document must be filed to ensure all the requisite details are correct and to avoid any disputes regarding any aspect of the incorporation process. Furthermore, this form ensures all first directors and subscribers understand their responsibilities as directors or subscribers of a newly established company and their duties, liabilities and obligations under its ownership. Ultimately, it is a legal requirement for private companies.

Assembling a new company using SPICe is straightforward and can be accomplished in just a few steps. Once all e-forms have been uploaded to the MCA website, registration fees need to be paid, and then your company will receive its CIN, PAN, and TAN numbers. After that, all subscribers need to sign an electronic Memorandum of Association and Articles of Association using a Digital Signature Certificate (DSC).

When transitioning from private to public company status, an e-Form DIR 12 must be submitted for filing with ROC. This e-form contains details like date of incorporation, CIN number, PAN number and TAN of the company along with the proposed company’s name, directors’ names with DIN/PAN numbers, and address, occupation and other relevant details for directors’ consent.

Notably, any new company must submit to ROC within 180 days of incorporation a declaration for commencing business (e-form INC 20A), which includes charges that it has agreed to pay its subscribers and a statement that it plans on conducting operations. At that point, ROC will issue its Certificate of Commencement of Business.

How do I file the Inc 9 Form of MCA?

SPICe (Simplified Proforma for Incorporating a Company Electronically) is an MCA form that makes registering your business online easy and hassle-free. As one e-application, SPICe helps reserve your business’s name, file incorporation articles, and obtain digital signatures – perfect for private limited companies, one-person companies, section 8 companies and Nidhi companies of any kind!

To use SPICe, verify all required information is accurate before filing your form with MCA’s MCA portal and clicking “SPICe+.” Once this step has been taken, fill in all your required data and upload any documents created using the tool before hitting the “Submit Button.” You will soon receive your confirmation number!

Once the MCA has processed your application, you’ll receive an email containing a confirmation number. At that point, you can affix your digital signature and complete other necessary forms, such as the INC-9 form that must be attached to the SPICe application.

This form serves as a declaration from subscribers and directors of a newly formed company to affirm they have not been charged with any criminal offences. To ensure proper processing by the ROC, it should accompany your SPICe+ application.

ROCs require that foreign nationals obtain notarized and apostilled copies of this form before submitting it for review. You can download its format from MCA’s website, have each subscriber and director sign it, and then combine all signed documents into one PDF document for filing with their SPICe application.

Once your documents are in order, filing your SPICe application online can begin. Either use the MCA’s V2 portal to access SPICe+ or use V3 to file various forms regarding companies or LLPs.

How do I validate the Inc-9 Form of MCA?

Establishing a company requires incorporation as part of the registration process to protect yourself against future disputes that could arise from running a business. Therefore, it’s vitally important that business owners understand how the Inc 9 form of MCA works and how to file online.

MCA recently issued the SPICe Plus form, which facilitates filing documents for various businesses, including private limited companies, public limited companies, one-person companies, producer companies and Nidhi companies. Additionally, this improved form supports electronic filing of MOA and AOA instead of signing physical copies – saving both time and administrative overhead when maintaining subscribers and directors.

Before SPICe 2.0, subscribers had to submit printed forms with attached hard-copy documents for submission of SPICe forms and submit separate affidavits for each business they were operating. This was both cumbersome and time-consuming.

With the SPICe+ form from MCA, all subscribers’ signatures can now be uploaded in one e-form instead of filing separate affidavits for each type of business. This initiative will make filing faster and simpler for subscribers and directors.

This form is intended to protect subscribers and directors against legal challenges in the future by filing a declaration that states they are innocent of any offences and do not bear responsibility for those committed against the company. All subscribers and first directors can file this document.

According to Rule 15 of the Organizations Act (2013), an affirmation should be signed by all endorsers of a notice and any main directors (if applicable) named in articles to comply with Subsection (1) of Section Seven and Declaration C thereof. This form, INC-9, should be attached when presenting the SPICE INC-32 type organization enrollment form.

Importance of Inc-9 Form of MCA21 V3 Portal

Ministry of Corporate Affairs (MCA) recently updated its MCA21 V3 portal with various company forms to provide more services to business users.

Form MGT-9 requires companies to disclose remuneration paid to directors and key managerial personnel in an easy-to-read format to allow shareholders to make informed investment decisions.

1. Company Registration

With the advent of SPICe+, company registration has become simpler. This web-based form makes it possible to file documents for PAN, TAN, EPFO/ESI, GST and bank account opening all at one convenient place – saving time and money.

Before filing forms, new registrants must obtain a Digital Signature Certificate (DSC), which can be done online within two days from any government-recognized certifying authority.

First, directors and subscribers must submit form INC-9, which declares that they are not guilty of any violations under the Act. This can be submitted with their SPICe+ INC-32 type of incorporation submission; NRI subscribers/first directors should attach notarized and apostilled copies to their SPICe+ INC-32 form when presented to ROC for incorporation.

2. Remuneration

When registering its business with MCA, a company must submit Form INC-9, which contains a declaration by its subscribers and first directors that they have not been charged with any criminal or other offence. Producing this document helps establish credibility for subscribers and business directors.

Furthermore, this form requires companies to disclose information regarding the remuneration received by directors and KMPs, such as salary, bonus and other benefits; contributions to provident and pension funds; as well as any variations in remuneration that arise.

Forms must be signed digitally using a digital signature certificate (DSC) and then filed with the ROC through the MCA portal by their designated deadlines.

3. Corporate Strategy

Corporate strategy refers to the decision-making processes employed to increase value across a firm’s business portfolio, in contrast to business strategy, which refers to individual units’ strategies. Top-level managers are charged with developing and executing clear corporate strategies; professionals specializing in this field conduct comprehensive analyses before offering broad recommendations that can be presented directly to executives.

There are four general corporate strategies: stability, combination, reduction and expansion. Stability strategies consist of maintaining market position by offering products or services within one industry sector – popular with large enterprises such as multinational conglomerates (MNC).

Expansion strategies involve entering new markets and innovating or introducing innovative products or services. Expansion strategies also may involve forward or backward integration to gain economies of scale; this process often leads to mergers and acquisitions. MNCs or large organizations may utilize a combination strategy.

4. Licensing

Whether you are starting a Section 8 company or IBC, the Inc 9 Form is one of the key steps in the process. It ensures your application is complete and accurate while also helping avoid last-minute technical glitches that might delay its processing.

MCA recently moved various E-forms for companies and LLP to the updated V3 version of its portal in an attempt to streamline the user filing experience and facilitate easier use.

One key change is that you must now submit an INC-9 declaration (Declaration by Subscribers and First Directors). All first subscribers and directors (including NRIs) must sign it and get it notarized and apostilled before having it notarized and notarized by an appropriate professional such as a Chartered Accountant, Company Secretary, or Cost Accountant.

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