Section 7 of the Companies Act, 2013 discusses incorporation of a company including a One Person Company. We have discussed this Section earlier here. Clause (c) of Section (1) of Section 7 require an affidavit form an affidavit from each of the subscribers to the Memorandum and from persons named as the first directors.
An affidavit from each subscriber and from each person named as first director in the articles that;
- he is not convicted if any offence in connection with promotion, formation or management of any company,
- he is not been found guilty of any fraud or misfeasance or of any breach of duty to any company during preceding five years, and
- all the documents filed with the Registrar contain correct, complete and true information to the best of his knowledge and belief.
According to the Rule 15 of the Companies (Incorporation) Rule 2014, the affidavit shall be submitted by each of the subscribers to the memorandum and each of the first directors named in the articles in Form INC – 9.
This is an affidavit. An affidavit shall be on a Non – judicial Stamp paper or non – judicial must have been paid on the affidavit. The Affidavit shall be notarised by a notary public.
Where a company has 7 subscriber and 3 non – member first directors, total 10 affidavit shall be filed by the company. Format of the Affidavit is as under:
Name of the proposed company:
I …………………., being the subscriber to the memorandum / named as first director in the articles, of the above named proposed company, hereby solemnly declare and affirm that:
1. 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
2. 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
3 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.
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Whose details to be given in INC9 in case subscriber is company and moA is singed by POA holder
By PoA on behalf of the Company.
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Whats if the first subscribers are non-resident?
The MOA and AOA can be posted by mail for the signatures. However how to proceed about the affidavits of the non-residents?
And shall the non-resident attest his signature in his country of residence?
Affidavit shall be as per convention, read incorporation rules for information.
yes non – resident may attest in his country of residence.
please provide affidavit of rules and terms of directors during INC 23 file.
Please provide this detail :-
We are 3 members forming the pvt ltd. company.In MOA we 3 are the subscribers and in AOA we are declared as first directors. In this scenario, while filing INC-7,the number of members and the number of members excluding proposed employee(s) will be of what value?
Can we provide a single affidavit signed by all-
See draft below for 2 directors and 6 Subscribers (including 2 directors) – So, total 6 but affidavit only 1
[Stamp to be purchased in name of any one person named herein below]
Form No. INC-9
Declaration cum Affidavit
[Pursuant to section 7(1)(c) of the Companies Act, 2013 and rule 15 of the Companies (Incorporation) Rules, 2014]
In connection with the application for incorporation of proposed company ABC PRIVATE LIMITED under the Companies Act 2013, we the subscribers to the memorandum / first directors in the articles of the proposed company hereby solemnly declare and affirm that:
• We have not been convicted of any offence in connection with the promotion, formation or management of any company during the preceding five years; and
• 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 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.
Name Address Signature
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Sir I want to know about affidavit. regarding. the process. ofsubsribing to the mou of a private. company
ROC delhi asked to submit a declaration (on stamp paper) from all subscribers and directors are required as per proviso of
Rule 12 of Companies (Incorporation) Rules for the main activity (Finance, stockier, etc.) that company shall not
carry its main activity without taking prior approval of concerned regulatory authority. Can someone provide me a format…
Sir as per rule15 it say in INC-9 the word “AFFIDAVIT” is substituted by word “DECLARATION” so is stamp duty payable on declaration?
Ideally no stamp duty. However, few RoC are insisting for stamp duty.