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Section 8 Company Registration

Ideal business structure for NGO’s and Non Profit Organizations

Starting At Rs. 12,000/-

Section 8 Company

In India, there are following 3 legal forms exist for an NGO or Non-Profit Organizations:

  1. Trusts
  2. Societies
  3. Section 8 Companies

Section 8 companies have one uniform law across the country – Companies Act, 2013.

A Non-profit Company or Section 8 Company is a Company which:

Has in its objects the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object;

Intends to apply its profits, if any, or other income in promoting its objects; and

Intends to prohibit the payment of any dividend to its members

Benefits of Section 8 Company Registration

ELIGIBILITY CRITERIA FOR SECTION 8 COMPANY REGISTRATION IN INDIA

DOCUMENTS REQUIRED FOR SECTION 8 COMPANY REGISTRATION IN INDIA

Following documents are required for Section 8 Company registration:

2 Sets of Documents are required for Company Incorporation

1st Set (All Directors):-

 1) Self attested Pan card

2) Self attested ID Proof – Driving License/ Voter’s ID/ Passport copy

3) Self attested Address Proof – Bank Statement/ Telephone Bill/ Mobile Bill/ Electricity Bill (Latest Month)

4) Photograph of the Directors

2nd Set for Office Registration.

  • Rent Agreement ( In stamp paper)/Lease deed/ Sale deed(if owned)
  • Latest Electricity Bill ( Less than 30 days)
  • No Objection Certificate from the owner of the Premises

Other documents

  • An estimate of the future annual income and expenditure of the company for next three years, specifying the sources of the income and the objects of the expenditure;
  • Note on work proposed to be undertaken by the Company after incorporation and
  • Grounds of application for issue of license under section 8.

Package Includes

  1. 2 no. class 2 Digital signatures
  2. 2 Director Identification Numbers
  3. 1 RUN Name Approval
  4. RD Approval (central Govt License)
  5. Incorporation Fee
  6. Stamp Duty
  7. Incorporation Certificate

WHY CHOOSE LEGALSAHAYATA?

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Procedure for Section 8 Company Registration

  • 1. Preparation of DSC and application for name availability

    The name of Section 8 Company shall include the words Foundation, Forum, Association, Federation, Chambers, Confederation, Council, Electoral Trust, and the like etc. You can propose maximum 2 names at a time and 1 resubmission is allowed. It is advisable to attach the object clause of the proposed company.

  • 2. Apply for Section 8 Company registration license from Regional Director, MCA (INC-12)

    After Name approval, we will apply for Section 8 company registration license from Regional director. The regional director will review the objectives, plans and will grant a permit for Section 8 Company registration. RD usually takes 15 days to issue a license to operate as a section 8 company.

  • 3. Filing of Section 8 Incorporation Forms on MCA Portal

    After getting approval from the regional director, we will proceed to file the section 8 company registration application with the requisite documents before ROC. Once all clarifications are provided to ROC, the ROC shall issue a Certificate of Incorporation along with a Company Identification Number (CIN).

  • Preparation of Memorandum of Association and Articles of Association

    Once you get the License, you need to draft the Memorandum of Association (MoA) and Article of Association (AoA) to file section 8 company registration applications. The Object of the company will be detailed in the MoA and the rules, and the by-laws will be mentioned in the AoA.

HOW LEGALSAHAYATA CAN HELP YOU TO GET SECTION 8 COMPANY REGISTRATION

  1. Fill the Form
  2. Get a call back
  3. Submit documents
  4. Track progress
  5. Get Certificate

Frequently Asked Question

Section 8 Company is often called as Non- Profit Organization Company. A non-profit organization is often known as NGO. An NGO can register under Trust Act or under Section 8 companies act, 2013 (earlier Section 25 of Companies Act 1956). The NGO registration can be done for promoting art, science, commerce, Technology, sports, education, social research, social welfare, religion, charity and protection of environment etc.

Following are the purpose of the Section 8 Company Registration in India

  1. Education
    2.Poverty
    3. Disease
    4. Blood bank
    5. Environment protection
    6. Other objects for general public utility.

Yes, we have to take the permission or approval for section 8 company registration in India from the central government. CG approval is applied before section 8 company registration.

Yes, section 8 company registration is costly then trust or society registration.

The annual compliances of section 8 company are just like the other companies.

  1. At least two Board meeting during the year should be conducted.
    2.Mandatory Audit
    3. Annual return is to be filed every year with other e- filing forms like MGT 7, AOC 4.
    4. Income tax return is to be filed every year.
    5. Additional compliance to fulfill the registration like 12AA, 80G etc.

In Section 8 Company, the auditor is appointed within 3o days of Section 8 company registration by the board of Director and no Central Government approval is required.

Following are the disadvantages under section 8 company registration which are as follows:

  1. Section 8 company is complex to start as it requires Central Government Approval.
    2.Section 8 compliance cost is high as compared to any other trust or society
    3. Penalty provisions are harsh under section 8 company.
  1. Section 12AA under Income tax act
    2.Section 80G for Donators of the
    3. FCRA Registration
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