INC-9: Director Declaration Form (Eligibility, Process)

What is Form INC-9?

Form INC-9 is an affidavit/declaration by every subscriber to the MOA and every first director of a proposed company. Under Section 7(1)(c) and (d) of the Companies Act, 2013, INC-9 declares that:

• The signatory has not been convicted of any offence relating to incorporation, management, or affairs of a company in past 5 years
• The signatory is not personally disqualified from being a director under Section 164
• All documents filed are correct and complete
• The signatory has paid (or undertakes to pay) the subscription money

Now integrated with SPICe+

Earlier, INC-9 was a separate physical affidavit on stamp paper. Since 2018, it has been integrated into the e-filing system:

• During SPICe+ Part B incorporation, the declaration is embedded as an e-declaration
• Each subscriber and director signs digitally (DSC) at the time of incorporation
• No separate stamp paper or notarisation needed
• Saves stamping cost (₹100-500) and time

For incorporations through SPICe+, INC-9 as a separate physical form is no longer needed.

When separate INC-9 may still be needed

Despite integration, you may still need INC-9 separately for:

• Section 8 company incorporation (charitable) — separate INC-9 required
• Conversion of partnership/LLP/sole proprietorship to company via URC-1 — INC-9 attached
• Some State Government tender applications — may require notarised INC-9
• Certain bank account opening — older banks may ask for it as a reference

Content of INC-9

The declaration covers:

• Personal details — name, age, address, PAN, occupation
• Position in proposed company — subscriber, director, both
• Declaration of no conviction under Section 7
• Declaration of no disqualification under Section 164
• Confirmation of correctness of all incorporation documents
• Undertaking to pay subscription money
• Signature and date

Common questions answered

• Format: Standard template available on mca.gov.in (eForms section)
• Stamp paper: If filed separately (rare), use ₹100 stamp paper
• Notarisation: Recommended for physical INC-9; for SPICe+ integrated, not needed
• Foreign nationals: Their INC-9 needs apostille or embassy attestation
• Multiple directors/subscribers: Each signs their own INC-9