MCA Form Guide
INC-9 — Declaration by First Directors and Subscribers
Quick answer: Declaration by each subscriber and first director that they are not convicted of any offence, not declared insolvent, and have not been found guilty of fraud in the last 5 years. Filed as part of INC-32 at incorporation. One-time. False declaration: Criminal liability under Section 448 and Section 449 of the Companies Act.
Quick answer
This filing is tied to a defined statutory trigger. The safest approach is to confirm the trigger first, then assemble the evidence before you log into the portal. Every subscriber to the MOA and every first director at the time of SPICe+ incorporation. For most founders, the fastest way to stay compliant is to map the filing trigger, gather the documents once, and then submit with the correct digital sign-off.
Who must file
Every subscriber to the MOA and every first director at the time of SPICe+ incorporation.
When to file
Filed as part of INC-32 at incorporation. One-time.
Penalty note
False declaration: Criminal liability under Section 448 and Section 449 of the Companies Act.
Filing portal
MCA portal at the official government filing system.
Evidence checklist
The exact record set depends on the filing event, but the portal submission usually needs clear source documentation.
How to file
- 1
Confirm whether INC-9 is the correct filing for the event you are handling and that it matches the compliance filing trigger.
- 2
Collect the supporting records that match INC-9: The exact record set depends on the filing event, but the portal submission usually needs clear source documentation.
- 3
Prepare the form in the MCA portal, validate the entries against the company records, and make any final corrections before signing.
- 4
Upload the signed form, pay the applicable fee, and save the SRN and acknowledgement for audit tracking.
- 5
Store the filing evidence with your statutory records so the next cycle is faster and easier to review.
What this form is used for
Declaration by each subscriber and first director that they are not convicted of any offence, not declared insolvent, and have not been found guilty of fraud in the last 5 years. This filing is tied to a defined statutory trigger. The safest approach is to confirm the trigger first, then assemble the evidence before you log into the portal. The purpose is usually either annual disclosure, a one-off event filing, or a statutory update tied to corporate records or regulatory reporting.
FAQ and compliance context
Who usually files INC-9?
Every subscriber to the MOA and every first director at the time of SPICe+ incorporation.
What is the deadline for INC-9?
Filed as part of INC-32 at incorporation. One-time.
What happens if INC-9 is filed late?
False declaration: Criminal liability under Section 448 and Section 449 of the Companies Act.
Can the filing be tracked after submission?
Yes. Keep the SRN, acknowledgement, and final uploaded PDF in your records for audit and ROC follow-up.
Is INC-9 a one-time or recurring filing?
This is a one-time filing tied to a specific corporate event. Once the event has occurred and the form is filed, it does not need to be refiled each year.
Which law or rule requires INC-9?
Section 7(1)(b), Companies Act 2013
Why this one matters
Use this guide as a starting point, then map the filing to the exact company event so you do not file the wrong form.
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