From 1st June, 2022, the second amendment shall come into force.
The second amendment is as follows:-
Pursuant to Sections 7(1)(c) to the Companies
Act, 2013 and rule 15 of the Companies (Incorporation) Rules, 2014
FORM NO. INC-9 : Declaration by Subscribers and First Directors
- Name of the Company
- (a) This declaration is in respect of:
| Having Valid DIN | Not Having Valid DIN | |
| Total number of first subscribers (non-individual + individual) | ||
| Number of non-individual first subscriber(s) | ||
| Number of individual first subscriber(s) cum director(s) | ||
| Total number of directors (director(s) who is/are not subscriber(s) + subscriber(s) cum director(s) as mentioned in above Row no. 3) |
2(b) Authorized person of non-individual first subscriber(s)
- Income-tax Permanent Account Number (PAN)
| Declaration |
| I ___________ being the subscriber to the memorandum, of the above named proposed company, hereby solemnly declare and affirm that: □ I have not been convicted of any offence in connection with the promotion, formation or management of any company during the preceding five years; and □ I have 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; □ I am required to obtain the Government approval under the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 prior to subscription of shares and the same has been obtained, and is enclosed herewith. Or □ I am not required to obtain the Government approval under the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 prior to subscription of shares and □ 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 my knowledge and belief. DSC |
2(c) Particulars of individual first subscriber(s) (other than subscriber cum director)
- Director Identification Number (DIN)
| Declaration | |
I____________ being the subscriber to the memorandum, of the above named proposed company, hereby solemnly declare and affirm that:□ I have not been convicted of any offence in connection with the promotion, formation or management of any company during the preceding five years; and □ I have 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; □ I am required to obtain the Government approval under the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 prior to subscription of shares and the same has been obtained, and is enclosed herewith. Or □ I am not required to obtain the Government approval under the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 prior to subscription of shares and □ 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 my knowledge and belief. DSC |
- Income-tax Permanent Account Number (PAN)
| Declaration |
| I ____________ being the subscriber to the memorandum, of the above named proposed company, hereby solemnly declare and affirm that: □ I have not been convicted of any offence in connection with the promotion, formation or management of any company during the preceding five years; and □ I have 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; □ I am required to obtain the Government approval under the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 prior to subscription of shares and the same has been obtained, and is enclosed herewith. Or □ I am not required to obtain the Government approval under the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 prior to subscription of shares and □ 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 my knowledge and belief. DSC |
2(d) Particulars of individual first subscriber(s) cum directors
- Director Identification Number(DIN)
| Declaration |
| I ____________ being the subscriber to the memorandum and named as first director in the articles, of the above named proposed company, hereby solemnly declare and affirm that: □ I have not been convicted of any offence in connection with the promotion, formation or management of any company during the preceding five years; and □ I have 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; □ I am required to obtain the Government approval under the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 prior to subscription of shares and the same has been obtained, and is enclosed herewith. or □ I am not required to obtain the Government approval under the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 prior to subscription of shares and □ 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 my knowledge and belief. DSC |
- Income-tax Permanent Account Number (PAN)
| Declaration |
| I ________ being the subscriber to the memorandum and named as first director in the articles, of the above named proposed company, hereby solemnly declare and affirm that: □ I have not been convicted of any offence in connection with the promotion, formation or management of any company during the preceding five years; and □ I have 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; □ I am required to obtain the Government approval under the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 prior to subscription of shares and the same has been obtained, and is enclosed herewith. Or □ I am not required to obtain the Government approval under the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 prior to subscription of shares and □ 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 my knowledge and belief. DSC |
2(e) Particulars of directors (other than first subscribers)
- Director Identification Number(DIN)
| Declaration |
| I _______being named as first director in the articles, of the above named proposed company, hereby solemnly declare and affirm that: □ I have not been convicted of any offence in connection with the promotion, formation or management of any company during the preceding five years; and □ I have 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 □ 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 my knowledge and belief. DSC |
- Income-tax Permanent Account Number (PAN)
| Declaration
|
| I __________being named as first director in the articles, of the above named proposed company, hereby solemnly declare and affirm that: □ I have not been convicted of any offence in connection with the promotion, formation or management of any company during the preceding five years; and □ I have 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 □ 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 my knowledge and belief. DSC |
(b) in FORM No.INC-32 (SPICe+), in Part-B, in Declaration, the following shall be inserted at the end, namely:-
“I, on behalf of the proposed directors, hereby declare that person seeking appointment is a national of a country which shares a land border with India, necessary security clearance from Ministry of Home Affairs, Government of India shall be attached with consent. O Yes O No. (if yes is opted, a copy of the security clearance is to be attached)”.
[F. No. 1/13/2013-CL-V, Vol.IV]
MANOJ PANDEY, Jt. Secy.
Note: The principal rules were published in the Gazette of India, Extraordinary, Part-II, section 3, sub-section (1) vide number G.S.R.250(E) dated the 31st March, 2014 and last amended, vide number 291 (E) dated the 8th April, 2022.
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