The Ministry of Corporate Affairs ( MCA ) has said that affidavit of the first Director/ Subscriber is not mandatory for filing INC-9. It further said that the only declaration by the first subscriber(s) and director(s) in INC-9 is mandatory and affidavit is NOT required to be filed.
The Ministry, in a statement, said that “Filing of affidavits (from each of the subscribers to the memorandum and from persons named as the first directors, if any, in the articles that he is not convicted of any offence in connection with the promotion, formation or management of any company, or that he has not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law during the preceding five years and that all the documents filed with the Registrar for registration of the company contain information that is correct and complete and true to the best of his knowledge and belief) as per Section 7(1)(c ) of the Companies Act, 2013 read with rule 15 of the Companies (Incorporation) Third Amendment Rules has been dispensed with vide the Companies (Amendment) Act,2017- from 27th July 2018.”
“The only declaration by the first subscriber(s) and director(s) in INC-9 is mandatory and affidavit is NOT required to be filed. Stakeholders may kindly note the above provisions while filing SPICe forms for incorporation of Companies,” it said.
In a separate circular, the MCA has said that no additional fee will be imposed on a pending deployment of DPT-3 Form on MCA 21 portal. It said that an additional fee shall be levied after 30 days from its deployment.To Read the full text of the Circular CLICK HERE