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Section 8 Company Registration in India

Section 8 company means a company registered for Social causes such as the promotion of arts, commerce, science, education, sports, protection of the environment, religion, charity, etc.

By promoting it as a not-for-profit organization, the Act does not bar the company from profit creation but rather prohibits distributing profit among members. This says that all the income or profit from any activity of the company must be utilized towards the charitable purpose for which it is registered.

The company is registered under Section 8 of the Companies Act, 2013, which provides it special status due to its objects. Compared to other types of companies, Section 8 company enjoys various exemptions and relaxations.

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Documents Required for Section 8 Company Registration

Photograph

Latest Passport size Color photograph of all the promoters (Shareholders and Directors)

Pan Card

PAN Card of all shareholders and Directors. Foreign nationals must provide a valid passport.

Identity Proof

Any of the following ID: Passport, Voter ID/Driving License of Shareholders and Directors.

Address Proof

Latest Bank Statement/Telephone Bill/Electricity or Gas Bill/Water Bill of Shareholders and Directors

Registered office Proof

Latest & Clear Telephone Bill/Electricity Bill/ /Water/Gas Bill of the registered office address

NOC from owner

No Objection Certificate from owner(s) of the premises of registered office.

How to Choose a Name?

Unique Name

Mainly it builds the company brand and preferably be a coined word

Business Object

Second part of name should suggest the business activity of the company

Suffix

Its name must include suffix like Foundation, Forum, Federation, Chambers, Association, Council, etc.

Constitution Type

The name does not require to add any suffix like “Private Limited” or “Limited”

Features of Section 8 Company Registration

01.

Firms As Members

Apart from individuals and associations of persons, Section 8 also allows firms to be members of these companies.

02.

Better image and credibility in Market

Section 8 companies, unlike all other companies, do not require a prescribed minimum paid-up share capital.

03.

Limited Liability

Members of these companies can only have limited liability. Their liabilities cannot be unlimited in any case

04.

Government License

Such companies can function only if they have the Central Government’s license. The Government can revoke this license as well

05.

Privileges

Since these companies possess charitable objectives, the Companies Act has accorded several benefits and exemptions to them.

06.

Charitable Objectives

Section 8 companies do not aim to make profits. Their objectives are purely charitable in nature. They aim to further causes like science, culture, research, sports, religion, etc

Process & Timeline for Section 8 Company Registration

Step 1

Day 1

Application for Digital Signature Certificate

Step 2

Day 2 - 4

Checking Name availability

Application for Name Reservation

Reservation of Name

Step 3

Day 5 - 6

The name of the company should be unique and an application is to be made for approval from the Ministry of Corporate Affairs. Up to 2 names can be provided. In case of rejection, an opportunity is given to the applicant for re-submission of the form with 2 more names.The Name Provided must be as per the rule 8 of  Company registration act,2013.

Step 4

Day 7 - 8

Application to grant a license in form INC-12

Government processing time for approval

License under section 8 in form INC-16

Step 5

Day 9

Filing application for company registration

Application for PAN and TAN of company

Step 6

Day 10 - 11

Government processing time

Certificate of Incorporation

Frequently Asked Questions​

A company (NGO) which has main objective is to do social welfare by promoting commerce, education, research, art, science, sports, religion, charity, etc. If any profit generates from working of company then it would be applied for promoting the said object.

There is no restriction in payment of remuneration to employees / directors of section 8 companies.

Once the company is incorporated, it is in existence and active as long as the annual compliances are met with regularly or it is wound-up voluntarily.

A person or an association of persons can make an application under section 8 of companies act to the Registrar of Companies using requisite forms to register a company with charitable objectives

While the definition of “taxable person under GST” includes a trust, society, or section 8 company. These entities are not engaged in any economic activity just like trading and commerce so they cannot be treated as a taxable person under GST.

A Section 8 or Charitable Company shall not pay any dividend to its members, but apply the surplus of receipts over payments for the promotion of its objectives.

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