A recent clarification from MCA stated that it is not mandatory to file affidavit while incorporating a new company, though the declaration by the first subscriber and first director in INC-9 remain mandatory.
Stakeholders may note this key clarification while filing the SPICe forms for incorporation of companies.
Official Mandate from MCA –
Stakeholders are requested to please note 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.
Only declaration by first subscriber(s) and director(s) in forming a new company (INC-9) is mandatory and “Affidavit is Not Required” to be filed. Stakeholders are requested to note the above provisions while filing SPICe forms for incorporation of Companies.