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Section 8 Company Registration

A Section 8 Company, under the Companies Act in India, is a type of non-profit organization formed for promoting charitable objectives such as social welfare, education, science, art, religion, or any other charitable purpose. Unlike other companies, it prohibits the distribution of profits among its members and applies any income generated solely for the advancement of its stated objectives. Section 8 Companies can receive donations and grants for their activities and are eligible for tax exemptions.

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Steps for Section 8 Company Registration

  • Name Approval and Digital Signature - Obtain name approval and Digital Signature Certificates (DSC) for directors and shareholders.
  • Director Identification Number (DIN) - Apply for DIN for directors through the online DIN application system.
  • Memorandum of Association (MoA) and Articles of Association (AoA) - Draft MoA and AoA outlining the objectives and rules of the Section 8 Company.
  • License Application (Form INC-12) - Prepare and submit the license application (Form INC-12) to the Registrar of Companies (RoC).
  • Incorporation (Form INC-32) - File Form INC-32 (SPICe) along with the license, MoA, and AoA for incorporation.
  • Post-Incorporation Compliance - Complete post-incorporation tasks, such as opening a bank account, obtaining PAN and TAN, and initiating operations.

Documents Required

  • Copy of PAN Card
  • Aadhaar Card
  • Address Proof (Bank Statement, Electricity Bill, Telephone Bill)
  • Passport Sized Photographs
  • In case of Registered Office, Ownership proof, Electricity bill, Address proof will be required.

Our Process to Work

Taxperts Associates streamlines Section 8 Company Registration, facilitating the establishment of non-profit entities with a focus on charitable causes.

  • Consultation - Reach out to Taxperts Associates for guidance on Section 8 Company registration.
  • Name Approval - Apply for name approval through the MCA portal.
  • DSC and DIN - Obtain Digital Signature Certificates (DSC) for directors and Director Identification Numbers (DIN).
  • MoA and AoA - Draft Memorandum of Association (MoA) and Articles of Association (AoA) in compliance with Section 8.
  • License Application - Prepare and submit Form INC-12 for obtaining the license from the RoC.
  • Incorporation (Form INC-32) - File Form INC-32 (SPICe) for company incorporation.
  • Post-Incorporation - Complete tasks like opening a bank account, obtaining PAN and TAN, and initiating charitable activities.

Benefits

  • Tax Exemptions - Eligibility for tax exemptions on income and donations under relevant sections of the Income Tax Act.
  • Limited Liability - Limited liability protection for members, ensuring their personal assets are safeguarded.
  • Access to Grants and Funding - Enhances the ability to attract grants, donations, and funding from government and private entities.
  • Prestigious Image - Conveys a sense of trust and legitimacy, enhancing the organization's reputation.
  • Perpetual Succession - Enjoys perpetual succession, ensuring continuity irrespective of changes in membership.
  • Flexibility in Governance - Offers flexibility in governance structures, facilitating effective management.
  • No Dividend Distribution - Prohibits the distribution of profits among members, ensuring funds are directed towards charitable purposes.
  • Impactful Social Change - Facilitates a structured approach to create positive social impact and community development.

Frequently Asked Questions

A Section 8 Company, under the Companies Act in India, is a non-profit organization formed for promoting charitable objectives, with the primary focus on social welfare.

Key features include no distribution of profits among members, utilization of income for promoting objectives, and limited liability protection for members.

Section 8 Companies can pursue a range of charitable objectives, including social welfare, education, science, art, religion, or any other purpose that benefits the community.

No, there is no minimum capital requirement for Section 8 Company Registration.

Section 8 Companies are eligible for tax exemptions on both income and donations under relevant sections of the Income Tax Act.

No, the primary objective of a Section 8 Company is to promote charitable activities, and it cannot be converted into a profit-making entity.

The process involves obtaining Digital Signature Certificates (DSC), Director Identification Numbers (DIN), drafting Memorandum of Association (MoA) and Articles of Association (AoA), applying for a license, and filing for incorporation with the Registrar of Companies (RoC).

Yes, Section 8 Companies need to comply with post-incorporation tasks, such as opening a bank account, obtaining PAN and TAN, and initiating charitable activities.

No, a Section 8 Company is prohibited from distributing profits among its members. All income must be used for promoting charitable objectives.

Section 8 Company Registration provides tax exemptions, limited liability protection, and a structured legal framework for pursuing charitable objectives, making it an attractive option for non-profit organizations.