Incorporation of a company
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
01 May 2014
What declaration should be given in form no.INC-8 and what declaration should be given by CA under section 7 (1) (b) of Companies act 2013 while filing a form for incorporation?
01 May 2014
The CA who is engaged in the formation of the company has to give a declaration in the format given in form INC-8. This declaration is a mandatory attachment to form INC-7.
Querist : Anonymous
Querist :
Anonymous
(Querist)
02 May 2014
Kindly provide the format for declaration in form INC-8 and INC-9
31 July 2024
Sure, here are the formats for declarations in Form INC-8 and Form INC-9.
### **Format for Declaration in Form INC-8**
**[To be printed on the letterhead of the Company or Affidavit as applicable]**
**Form No. INC-8**
**Declaration by a Professional**
[Pursuant to section 7(1)(b) and rule 14 of the Companies (Incorporation) Rules, 2014]
To,
The Registrar of Companies,
[State]
Subject: Declaration for Incorporation of [Name of the Company]
I, [Name of the Professional], being a [Designation (e.g., Chartered Accountant/Company Secretary/Cost Accountant in practice)], having Membership Number [Membership Number], with [Name of Firm/Professional Address], do solemnly and sincerely declare that:
1. I am duly authorized to make this declaration by virtue of the fact that I am engaged in the incorporation of the company named [Proposed Name of the Company] as per the provisions of the Companies Act, 2013.
2. The draft Memorandum of Association and Articles of Association have been drawn up in conformity with the provisions of the Companies Act, 2013.
3. The information provided in the application for incorporation and the documents attached thereto is correct and true to the best of my knowledge and belief.
4. The requisite declarations under the Companies Act, 2013 have been obtained from the subscribers/directors and are attached with the application.
Signature:
Date:
Place:
Name:
Designation:
Membership Number:
[Seal/Stamp of Professional]
### **Format for Declaration in Form INC-9**
**[To be printed on a non-judicial stamp paper of value as prescribed by the state, usually Rs. 10 or Rs. 20, duly notarized]**
**Form No. INC-9**
**Declaration by Subscribers and First Directors**
[Pursuant to section 7(1)(c) and rule 15 of the Companies (Incorporation) Rules, 2014]
Affidavit
I/We, the undersigned, hereby declare that:
1. I/We, [Name of Subscriber/Director], son/daughter of [Father’s Name], residing at [Address], do solemnly and sincerely affirm and state as under:
2. I/We am/are not convicted of any offence in connection with the promotion, formation, or management of any company, or of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law in the last five years.
3. I/We 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 in the last five years.
4. 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/our knowledge and belief.
**Signature of the Subscribers/Directors:**
1. ___________________
2. ___________________
3. ___________________
**Date:**
**Place:**
**Verification:**
I/We, [Name of Subscriber/Director], declare that the statements made in this affidavit are true to the best of my knowledge and belief, and no material information has been concealed.
**Signature of the Subscribers/Directors:**
1. ___________________
2. ___________________
3. ___________________
**Date:**
**Place:**
Sworn before me at [Location] on this [Date] day of [Month, Year].
**Signature of Notary:**
**Seal of Notary:**
These declarations should be prepared carefully to ensure compliance with the legal requirements for the incorporation of a company.
### **Format for Declaration in Form INC-8**
**[To be printed on the letterhead of the Company or Affidavit as applicable]**
**Form No. INC-8**
**Declaration by a Professional**
[Pursuant to section 7(1)(b) and rule 14 of the Companies (Incorporation) Rules, 2014]
To,
The Registrar of Companies,
[State]
Subject: Declaration for Incorporation of [Name of the Company]
I, [Name of the Professional], being a [Designation (e.g., Chartered Accountant/Company Secretary/Cost Accountant in practice)], having Membership Number [Membership Number], with [Name of Firm/Professional Address], do solemnly and sincerely declare that:
1. I am duly authorized to make this declaration by virtue of the fact that I am engaged in the incorporation of the company named [Proposed Name of the Company] as per the provisions of the Companies Act, 2013.
2. The draft Memorandum of Association and Articles of Association have been drawn up in conformity with the provisions of the Companies Act, 2013.
3. The information provided in the application for incorporation and the documents attached thereto is correct and true to the best of my knowledge and belief.
4. The requisite declarations under the Companies Act, 2013 have been obtained from the subscribers/directors and are attached with the application.
Signature:
Date:
Place:
Name:
Designation:
Membership Number:
[Seal/Stamp of Professional]
### **Format for Declaration in Form INC-9**
**[To be printed on a non-judicial stamp paper of value as prescribed by the state, usually Rs. 10 or Rs. 20, duly notarized]**
**Form No. INC-9**
**Declaration by Subscribers and First Directors**
[Pursuant to section 7(1)(c) and rule 15 of the Companies (Incorporation) Rules, 2014]
Affidavit
I/We, the undersigned, hereby declare that:
1. I/We, [Name of Subscriber/Director], son/daughter of [Father’s Name], residing at [Address], do solemnly and sincerely affirm and state as under:
2. I/We am/are not convicted of any offence in connection with the promotion, formation, or management of any company, or of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law in the last five years.
3. I/We 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 in the last five years.
4. 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/our knowledge and belief.
**Signature of the Subscribers/Directors:**
1. ___________________
2. ___________________
3. ___________________
**Date:**
**Place:**
**Verification:**
I/We, [Name of Subscriber/Director], declare that the statements made in this affidavit are true to the best of my knowledge and belief, and no material information has been concealed.
**Signature of the Subscribers/Directors:**
1. ___________________
2. ___________________
3. ___________________
**Date:**
**Place:**
Sworn before me at [Location] on this [Date] day of [Month, Year].
**Signature of Notary:**
**Seal of Notary:**
These declarations should be prepared carefully to ensure compliance with the legal requirements for the incorporation of a company.
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