Section 8 Demand Notice
Complete Section 8 demand notice IBC with I-Pro Solutions. Includes NCLT recovery India, document verification, government fee guidance and dedicated filing.
Dedicated specialist
CA-led, named point of contact
Tracked client portal
Real-time status, end-to-end
Money-back accuracy
Refile-free if our error
Flat-fee pricing
No hidden charges, ever
About this service
Section 8 Demand Notice is a key regulatory filing administered by the relevant statutory authority. Filing is executed via (a) **Form 3** (Demand Notice under s.8 IBC — Annexure II to IBBI CIRP Regulations 2016); (b) **Form 4** (Invoice-cum-Demand Notice under s.8 IBC — Annexure III to IBBI CIRP Regulations 2016 — alternative to Form 3 — typically used for unpaid invoice with payment terms); (c) **Form 5** (Application under s.9 IBC by Operational Creditor — Annexure IV to IBBI CIRP Regulations 2016); (d) **Form CIRP-1** (Public Announcement under s.13 IBC); (e) **Form IRP-1** (Statement of affairs of corporate debtor by IRP); (f) **Form AA** (Special Resolution by corporate applicant — for s.10); (g) **Form CIRP-8** (IRP / RP Intimation of CIRP cost). under **Insolvency & Bankruptcy Code 2016 (IBC)** — **s.6 (Insolvency resolution process)**; **s.7** (application by financial creditor — Form 1 — corporate insolvency resolution process [CIRP] — financial creditor not required to issue demand notice under s.8); **s.8** (demand notice by operational creditor — 14-day operational demand — Form 3 / Form 4 — must precede application under s.9); **s.9** (application by operational creditor — Form 5 — after 14-day expiry — financial/operational); **s.10** (voluntary insolvency — corporate applicant — Form 6); **s.13** (public announcement — Form CIRP-1); **s.65** (frivolous / malicious petition — penalty ₹1 lakh to ₹1 crore); **s.66** (fraudulent / wrongful trading — contribution to assets — by Resolution Professional); **s.74** (Interim Resolution Professional [IRP] misconduct); **Insolvency & Bankruptcy Board of India [IBBI] (Insolvency Resolution Process for Corporate Persons) Regulations 2016** — Regulation 2 (definitions — Form 3 & 4); **IBBI [CIRP] Regulations 2016 Form 3 (demand notice)** and **Form 4 (invoice-cum-demand notice)**; **Form 5 (application under s.9 IBC)**.. Our specialist-led team ensures full compliance with statutory documentation, eligibility verification, and expedited government approval.
Eligibility & thresholds
- Valid identity & address proof of applicant
- Active PAN & registered business premises
- Authorized representative authorization
- Compliant under applicable regulatory laws
- No pending statutory disqualifications
- Valid across authorized operational jurisdictions
- Pre-filing statutory documentation verification
- Official statutory fee schedule as per authority
- Mandatory periodic compliance filings post-approval
What's included
Everything in one transparent fee — no add-ons, no surprises.
Government charges only — separate from I-Pro's professional fee. All figures verified as of 25 August 2026.
| Fee Component | Amount (₹) | Basis / Authority |
|---|---|---|
| Section 8 Demand Notice Statutory Filing | ₹0 (No government fee) | Government fee is Nil / exempted under applicable statutory rulesOfficial Regulator |
| Total Government Fee | No fee | (for default assumptions stated below) |
Government charges only — separate from I-Pro's professional fee. Verified 25 August 2026.
Required documents
Each list identifies exactly what to provide — and what you do not need to submit. Use the accordions to expand.
- ›**Form 3 / Form 4 demand notice** — Annexure II / III to IBBI CIRP Regulations 2016 — dispatched by — **Form 3 / Form 4 demand notice** — Annexure II / III to IBBI CIRP Regulations 2016 — dispatched by RPAD / Speed Post / courier / hand delivery;
- ›**invoice / delivery challan / proof of goods or services rendered** — to establish operational debt — **invoice / delivery challan / proof of goods or services rendered** — to establish operational debt (s.5[21]);
- ›**contract / purchase order / work order / agreement** — establishing debt; — **contract / purchase order / work order / agreement** — establishing debt;
- ›**balance confirmation** — signed by corporate debtor's authorised representative; — **balance confirmation** — signed by corporate debtor's authorised representative;
- ›**bank statement** of operational creditor — proof of non-receipt of payment; — **bank statement** of operational creditor — proof of non-receipt of payment;
- ›**proof of dispatch of demand notice** — RPAD receipt + acknowledgement card / Speed Post tracking; — **proof of dispatch of demand notice** — RPAD receipt + acknowledgement card / Speed Post tracking;
- ›**certificate from financial institution (Form 5 Annexure III)** — confirming no payment received — — **certificate from financial institution (Form 5 Annexure III)** — confirming no payment received — bank certificate under Regulation 9 of IBBI CIRP Regulations 2016;
- ›**affidavit verifying application** (Form 5 Annexure V); — **affidavit verifying application** (Form 5 Annexure V);
- ›**KYC of operational creditor**; — **KYC of operational creditor**;
- ›for company creditor — board resolution authorising signatory; — for company creditor — board resolution authorising signatory;
- ›**certificate of pre-existing dispute** — operational creditor must declare that there is no pre-exi — **certificate of pre-existing dispute** — operational creditor must declare that there is no pre-existing dispute — *Mobilox Innovations v. Kirusa Software* (2018) 1 SCC 353 — pre-existing dispute bars s.9 application.
How it works
Each step is labelled with who performs it — Customer, I-Pro, or the Regulator. Form names are linked to the official portal.
- 1Customer⏱ 1 - 3 Days
Step 1: **Default documentation**
**Default documentation**: Confirm unpaid operational debt — invoice, delivery challan, contract, balance confirmation — establish that no payment received after due date. - 2I-Pro⏱ 1 - 3 Days
Step 2: **Demand notice drafting (s.8 IBC)**
**Demand notice drafting (s.8 IBC)**: Operational creditor drafts **Form 3 demand notice** or **Form 4 invoice-cum-demand notice** under IBBI CIRP Regulations 2016 — specifying debt amount, due date, demand for payment within 14 days. - 3I-Pro⏱ 1 - 3 Days
Step 3: **Dispatch**
**Dispatch**: RPAD / Speed Post / courier / hand delivery — to Registered Office of corporate debtor + email + (optional) WhatsApp — retain all proofs of dispatch & delivery. - 4I-Pro⏱ 1 - 3 Days
Step 4: **14-day waiting period**
**14-day waiting period**: Corporate debtor has 14 days from receipt of demand notice to: (a) make payment; (b) reply indicating pre-existing dispute; (c) seek time for payment. - 5I-Pro⏱ 1 - 3 Days
Step 5: **Form 5 application drafting (s.9 IBC)**
**Form 5 application drafting (s.9 IBC)**: If corporate debtor fails to pay / reply within 14 days — operational creditor drafts Form 5 application to NCLT — Annexure I to IV (operational creditor's affidavit, certificate from financial institution, list of creditors, list of financial debts if any, KYC, demand notice copy, postal receipts, proof of dispatch & delivery, copy of invoice / contract). - 6I-Pro⏱ 1 - 3 Days
Step 6: **NCLT fee payment**
**NCLT fee payment**: ₹35,000 — Form 5 fee + ₹2,000 affidavit fee — Schedule of Fees to NCLT Rules 2016 — payment by Demand Draft in favour of "NCLT" payable at par at the Bench location (or online payment at NCLT e-filing portal — https://nclt.gov.in). - 7I-Pro⏱ 1 - 3 Days
Step 7: **Filing at NCLT Bench**
**Filing at NCLT Bench**: Submit Form 5 + Annexures + court fee + 3 copies — Bench where Registered Office of corporate debtor is situated — receive Diary Number. - 8I-Pro⏱ 1 - 3 Days
Step 8: **Listing before NCLT**
**Listing before NCLT**: NCLT lists matter within 7-14 days — first hearing — operational creditor argues default + no pre-existing dispute; NCLT may admit / dismiss. - 9I-Pro⏱ 1 - 3 Days
Step 9: **Admission order**
**Admission order**: NCLT admits application — appoints IRP — public announcement (Form CIRP-1) within 3 days (s.13); moratorium under s.14 — bars suits / recovery proceedings / transfer of assets / enforcement of security interest. - 10Regulator⏱ 1 - 3 Days
Step 10: **CIRP
**CIRP — 330 days**: IBBI CIRP Regulations 2016 — IRP / Resolution Professional invites claims; Committee of Creditors (CoC) formed; resolution plans submitted; CoC approval (>66% voting share — s.30[4]); NCLT approval of resolution plan (s.31); liquidation if no resolution (s.33) — appeal to NCLAT within 30 days (s.61); Supreme Court within 30 days (s.62).
Post-registration compliance
What to file next. I-Pro handles these as part of the annual compliance package.
| Filing | Form | Deadline |
|---|---|---|
| Commencement of Business (Form INC-20A) Penalty: ₹50,000 for company + ₹1,000/day for directors (max ₹1 Lakh) | One-time mandatory | Within 180 days of incorporation after bank capital deposit |
| First Auditor Appointment (Form ADT-1) Penalty: Statutory non-compliance; prosecution of defaulting officers | 5-year tenure | Within 30 days of incorporation by Board of Directors |
| Annual Financial Statements (Form AOC-4) Penalty: ₹100 per day of delay per form with no statutory ceiling | Annual | Within 30 days of AGM (by 29 October annually) |
| Annual Return (Form MGT-7) Penalty: ₹100 per day of delay per form with no statutory ceiling | Annual | Within 60 days of AGM (by 29 November annually) |
| Director KYC Verification (DIR-3 KYC) Penalty: ₹5,000 statutory fee per DIN + deactivation | Annual | Every designated partner / director holding active DIN by 30 September |
Penalties for non-compliance
Statutory penalties under governing regulatory provisions. Avoid non-compliance delays.
| Non-compliance | Provision | Penalty |
|---|---|---|
| Commencement of Business (Form INC-20A) | One-time mandatory | ₹50,000 for company + ₹1,000/day for directors (max ₹1 Lakh) |
| First Auditor Appointment (Form ADT-1) | 5-year tenure | Statutory non-compliance; prosecution of defaulting officers |
| Annual Financial Statements (Form AOC-4) | Annual | ₹100 per day of delay per form with no statutory ceiling |
| Annual Return (Form MGT-7) | Annual | ₹100 per day of delay per form with no statutory ceiling |
| Director KYC Verification (DIR-3 KYC) | Annual | ₹5,000 statutory fee per DIN + deactivation |
Common mistakes to avoid
Avoidable filing errors that cause delays or rejection. Each can be resolved before submission.
- 1Mismatched applicant legal name or identity details across KYC proofsWhy: Government verification APIs cross-check with UIDAI and MCA databases and automatically flag discrepancies in spelling or dates.Fix: Our specialists pre-validate your documents against official government databases before portal filing.
- 2Submitting outdated utility bills or non-notarized commercial leasesWhy: Premises proofs older than 60 days or defective landlord NOCs trigger statutory scrutiny queries and multi-week processing delays.Fix: We verify recent billing dates and provide pre-formatted, legally vetted landlord NOC and lease formats.
- 3Selecting incorrect classification, turnover slab, or statutory activity codeWhy: Applications filed under inappropriate classifications attract show-cause notices and potential rejection without statutory fee refund.Fix: We conduct a statutory scope assessment to align your application with the exact regulatory requirements.
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