Incorporation of a Section 8 Company

Section 8 company registration

Section 8 company is most appropriate for non-profit/NGO related objectives such as promotion of commerce, art, science, sports, education, research, social, welfare, religion, charity, protection of the environment, etc.. The process of registration of section 8 company is just like normal company registration in India with an additional requirement of a license from the central government under section 8 of the Companies Act, 2013.

Minimum Requirement for Section-8 Company registration:

  •   A minimum number of two Directors who are adults
  •   One of the Directors of a section 8 company has to be an Indian Citizen and Indian Resident.
  •   The other director(s) can be a Foreign National.
  •   It is also required to have two shareholders of a company
  •   The shareholders can be natural persons or an artificial legal entity.
  •    Mandatory to have charitable object.

Advantages of Section-8 Company Registration:

  • Separate Legal Entity
  • No Minimum Capital Requirement
  • Suffix in Name
  • Tax Advantages:
  • Exemption to the donors.

 

Documents required for incorporation of Section 8 Company:

1. Documents from Directors and Shareholders

A. Identity Proof

1) Permanent Account Number (PAN) Card

2) Aadhaar Card / Passport / Driving License / Voter Identity Card

B. Address Proof

1) Telephone Bill / Mobile Bill*

2) Electricity Bill / Water Bill*

3) Bank Statement /Bank Passbook with latest transaction* 

*(Any one of the Document not older than 2 months)

C. Passport size Photographs

Notes:

  • All the Copies of documents must be Self-Attested by the applicant.
  • Telephone Bill / Mobile Bill/Electricity Bill / Bank Account Statement must be in the name of applicant and should not be older than 2 months.
  • In case of NRI or Foreign National, documents of director (s) must be apostilled.

 

2.  Registered Office – Address

a) No-Objection letter from the Owner of Address to use the address of the registered office of the Company.

b) Address Proof – In the name of the Owner

  • Electricity Bill, Telephone Bill (Fixed Line Only), Gas Bill or Water Bill (Not older than 2 months);- To be signed by the of the Owner of Premises

c) Rent Agreement (if rented)

Steps of Incorporation of a Company:

  • Preliminary Requirements
  1. Select a suitable package.
  2. Provide basic details & documents required for Incorporation.
  3. Make Payment through Secured Payment Gateway 

 

  • Registration
  1. Application for DSC
  2. Application for Name approval
  3. Drafting of documents (MOA, AOA, DIR-2,etc)

 

  • Registered on MCA*
  1. Issuance of COI, PAN, TAN by MCA.

*Company will be registered with 10-12 working days subject to the MCA processing and approval.                        
 

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FAQs:

A: The benefits of registering as a Section 8 Company include exemption from payment of taxes on profits, eligibility to receive grants and donations from foreign countries, recognition as a legal entity, and limited liability protection for its members.

A: Any group of individuals or associations who want to promote a charitable, social or economic objective can register as a Section 8 Company in India.

A: Yes, a Section 8 Company can make a profit, but the profits cannot be distributed among its members. The profits can only be used for promoting the objectives of the company.

A: Yes, a Section 8 Company can be converted into a for-profit company, but it requires approval from the Regional Director of the Ministry of Corporate Affairs.

A: No, there is no minimum capital requirement for registering a Section 8 Company in India.

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