Section 8 company registration

Section 8 Company

Rs. 999 (All Inclusive)

Section 8 Company

In India, Promoting charity or non-profit endeavours like those in the fields of education, art, science, faith, social welfare, and others is the primary goal of a Section 8 company. A non-profit organization can be registered as Trust by executing a Trust deed or as a Society under the Registrar of Societies, or as a non-profit company under Section 8 Company of the Companies Act, 2013. A Section 8 Company is the same as Section 25 company under the old Companies Act, 1956. Under the new Companies Act 2013, Section 25 (as per the old Act) has now become Section 8.

A person or an association of persons intending to be registered under Section 8 of the Companies Act, 2013 as a limited company –

a. 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;

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

c. Intends to prohibit the payment of any dividend to its members

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Procedure for Incorporation of Section 8 Company under Companies Act, 2013

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You can choose any of our packages based on your requirements.

Application of DIN & DSC

First step is to acquire DSC (Digital Signature Certificate) & DIN (Directors Identification Number) in a Section 8 company. You can get approval in two days. It is used to digitally sign the e-forms.

Name Application and Approval

The name of Section 8 Company shall include the words Foundation, Forum, Association, Federation, Chambers, Confederation, Council, Electoral Trust, and the like etc.

Preparation of Memorandum of Association and Articles of Association

An article of association of the company is a document which regulates the internal management of the company. Memorandum and articles of association of the company shall be signed by each subscriber to the memorandum who shall mention his name, address, description and occupation.

Application on Form INC-12

After approval of name by CRC, one can make an application in Form INC-12 to the Registrar for a license under sub-section (1) of section 8.

Filing of Incorporation Form

After receiving Central Government approval i.e approval of form, one may go ahead with filing of Incorporation Form

Benefits of Section 8 Company Registration:

  • Exemption from Stamp Duty.
  • Tax deductions to the donors of the Company u/s. 80G of the Income Tax Act.
  • Section 8 Companies can be formed with or without share capital, in case they are formed without capital, the necessary funds for carrying the business are brought in form of donations, subscriptions from members and general public.
  • Section 8 Companies are not required to add the suffix Limited or Private Limited at the end of their name.
  • A Section 8 Company has more credibility as compared to any other Non-profit organization structure like Trust or Society.
  • Being registered as a Section 8 company can enhance the credibility and recognition of the organization, as it is a recognized legal entity with a clea mission and purpose.

Documents Required

FAQ’S

A minimum of two people are required to register a section 8 company in India.

An address in India where the registered office of the Company will be situated is required. The premises can be a commercial / industrial / residential where communication from the MCA will be received

Yes, Section-8 Company can be converted into Private Limited Company if someone wishes to do so in future.

There is no minimum capital requirement for Section 8 Company in India. If you are planning to register a section 8 Company, then you don’t need to worry about the capital required.

Auditor under section 8 company is being appointed within 30 days by the board of Directors and no Central Government approval is required.

A Section 8 Company can engage in commercial activities only if the profits generated from such activities are utilized for promoting its charitable objectives. The commercial activities must be incidental to the main objectives of the organization.

Section 8 Companies must comply with various reporting, auditing, and filing requirements as per the Companies Act, 2013. They are required to maintain proper books of accounts, conduct annual audits, and file annual financial statements and other relevant documents with the Registrar of Companies (RoC).

Yes, a Section 8 Company can own property, assets, and intellectual property rights necessary for carrying out its charitable activities. However, the utilization of these assets should be aligned with the objectives of the organization and cannot be for personal gain.

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