Section 8 Company Registration
Establish a non-profit organization with corporate structure and limited liability. Our experts guide you through the Section 8 company registration process.
What is a Section 8 Company?
Understanding the unique structure and purpose of Section 8 companies in India
A Section 8 Company is a special type of company registered under Section 8 of the Companies Act, 2013 (previously Section 25 of the Companies Act, 1956) that:
- ✓Is formed for promoting commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment, or any other useful object
- ✓Intends to apply its profits or other income in promoting its objects
- ✓Prohibits the payment of any dividend to its members
- ✓Operates as a non-profit organization with the benefits of a corporate structure
- ✓Enjoys various exemptions and privileges under the Companies Act
Benefits of Section 8 Company
Discover why many non-profit organizations choose the Section 8 company structure
Limited Liability
Members' liability is limited to their contribution, protecting personal assets from organizational debts and obligations.
Perpetual Succession
The company continues to exist regardless of changes in membership, ensuring organizational continuity.
Enhanced Credibility
Section 8 companies are perceived as more credible and established, making it easier to attract donors and partners.
Tax Benefits
Eligible for income tax exemption under Section 12AA and 80G of the Income Tax Act, providing significant tax advantages.
Foreign Funding
Can receive foreign contributions after obtaining FCRA registration, expanding funding opportunities.
No Minimum Capital
No minimum capital requirement for incorporation, making it accessible for organizations with limited initial funds.
Registration Process
Our streamlined approach makes registering your Section 8 company simple and efficient
License Application
Apply for a license under Section 8 from the Registrar of Companies (ROC) by submitting Form INC-12 along with required documents.
Name Approval
Reserve your company name through the SPICe+ form on the MCA portal, ensuring it's unique and complies with naming guidelines.
Document Preparation
Prepare Memorandum of Association (MOA) and Articles of Association (AOA) as per the requirements of a Section 8 company.
Filing Incorporation Documents
Submit incorporation documents including SPICe+ form, MOA, AOA, and other required attachments to the ROC.
Certificate of Incorporation
Receive the Certificate of Incorporation from MCA, along with PAN and TAN, officially establishing your Section 8 company.
Post-Incorporation Compliance
Complete post-incorporation requirements including bank account opening, tax registrations, and other statutory registrations.
Documents Required
Prepare these documents to ensure a smooth registration process
For Directors/Members
- ✓PAN Card
- ✓Aadhaar Card
- ✓Passport-sized photographs
- ✓Residential proof (Utility bill, Passport, Driving License)
- ✓Identity proof (Passport, Driving License, Voter ID)
- ✓Mobile number linked with Aadhaar
- ✓Email address
- ✓Digital Signature Certificate (DSC)
- ✓Director Identification Number (DIN)
For Company Registration
- ✓Proposed name of company (at least 2 options)
- ✓Detailed description of proposed activities
- ✓Address proof of registered office
- ✓NOC from the owner of the premises
- ✓Declaration by each person making the application (Form INC-14)
- ✓Declaration by first directors (Form INC-9)
- ✓Estimated income and expenditure for next 3 years
- ✓Statement of assets and liabilities
- ✓Memorandum of Association (MOA)
- ✓Articles of Association (AOA)
Frequently Asked Questions
Get answers to common questions about Section 8 company registration
Can a Section 8 company engage in profit-making activities?
A Section 8 company can engage in profit-making activities, but the profits must be used for promoting the company's objectives and cannot be distributed as dividends to its members.
What is the minimum number of directors required for a Section 8 company?
A Section 8 company requires a minimum of 2 directors. At least one director must be a resident Indian.
How long does it take to register a Section 8 company?
The entire process typically takes 45-60 days, as it involves obtaining a license from the ROC before incorporation, which adds to the processing time.
Can a Section 8 company be converted to a regular company?
Yes, a Section 8 company can be converted to a regular company with the approval of the Regional Director and by following the procedure prescribed under the Companies Act, 2013.
What are the annual compliance requirements for a Section 8 company?
Section 8 companies must file Annual Financial Statements, Annual Return (MGT-7), hold Annual General Meeting, maintain statutory registers, and comply with other requirements under the Companies Act, 2013.
Can a Section 8 company accept foreign donations?
Yes, a Section 8 company can accept foreign donations after obtaining registration under the Foreign Contribution Regulation Act (FCRA) from the Ministry of Home Affairs.
Ready to Establish Your Section 8 Company?
Our team of experts will guide you through every step of the registration process, ensuring compliance with all legal requirements.
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