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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