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    Section 8 Company

    In India, a non-profit organization can be registered under the Registrar of societies or as a Non-profit company under the Section 8 Company of the Company Act, 2013. Section 8 Company is a Non-Profit Organisation (NPO) or Non-Government Organisation (NGO) incorporated with a motive of promoting arts, commerce, education, charity, environmental protection, sports research, science, social welfare, etc. The profits of this company, if there are any, are applied towards promoting the objectives of the Company and not distributed as dividends to its shareholders.

     

    A Section 8 Company is similar to a Trust or Society; expect, a section 8 Company is registered under the Central Government’s Ministry of Corporate Affairs. Trusts and Societies are registered under State Government regulations. A section 8 Company has various advantages when compared to Trust or Society like improved recognition and better legal standing. Section 8 Company also has higher credibility amongst donors, Government departments and other stakeholders.

     

    ComplianceIndia can be your legal and professional partner in India to help you understand how to register Section 8 Company in India quickly and cost-effectively.

    Advantages of Section 8 Company

    No Minimum capital requirement

    No Minimum capital requirement

    Separate Legal Entity

    Separate Legal Entity

    Tax Exemption

    Tax Exemption

    Zero Stamp Duty

    Zero Stamp Duty

    Fund raising and Donation

    Fund raising and Donation

    Eligibility to form a Section 8 Company

    – Minimum Two (02) directors and Shareholders are required
    – No requirement of Minimum paid-up capital
    – Atleast one Director should be an Indian Resident

    How we Work?

    Step 1

    Fill-up our Contact Form and Submit

    Step 2

    Our Expert/ Legal Professional will contact you and provide brief guidance into the related context

    Step 3

    All Required Documents and Details to be provided as discussed with our Expert

    Step 4

    Our Expert will start Drafting of required documents for registration process

    Step 5

    Drafting of MOA & AOA

    Step 6

    Application for DSC of the Directors

    Step 7

    Once all required documents are prepared, Our Expert will file required E-Form with ROC.

    Step 8

    On Successful filing of Form with ROC, Certification of Incorporation will be issued to you by ROC.

    Packages

    Consultation Charges

    Nil

    Complete assistance by Experts or Professionals indicating Process, Documents required, Benefits, Tax compliance, Legal Compliance, etc.

    Basic Plan

    Rs. 10,999/- only

    • – Registration of your Section 8 Company with MCA
    • – Company MOA and AOA
    • – Allotment of DIN of all Directors
    • – PAN and TAN Registration
    • – GST Registration
    • – Board Minutes of First year on Incorporation
    • – Legal Drafting of documents
    • – Expert advice from Experts/ Legal Professionals

    Advance Plan

    Rs. 24,999/- only

    • – Registration of your Section 8 Company with MCA
    • -Company MOA and AOA
    • – Allotment of DIN of all Directors
    • – PAN and TAN Registration
    • – GST Registration
    • – Board Minutes of First year on Incorporation
    • – Legal Drafting of documents
    • – Current Account Opening in your nearest Branch
    • – Appointment of First Auditor
    • – MCA Annual Filing for first year
    • – DIR-3 KYC filing
    • – Income Tax Return filing of Company
    • – Expert advice from Experts/ Legal Professionals

    Ultimate Plan

    Rs. 34,999/- only

    • – Registration of your Section 8 Company with MCA
    • – Company MOA and AOA
    • – Allotment of DIN of all Directors
    • – PAN and TAN Registration
    • – GST Registration
    • – Board Minutes of First year on Incorporation
    • – Legal Drafting of documents
    • – Current Account Opening in your nearest Branch
    • – Trademark Application
    • – Appointment of First Auditor
    • – MCA Annual Filing for first year
    • – DIR-3 KYC filing
    • – Income Tax Return filing of Company and its Directors
    • – Financial Statements preparation
    • – GST Return filing for 12 months
    • – Expert advice from Experts/ Legal Professionals

    Documents Required for Section 8 Company Registration

    Photograph

    Latest passport size photograph in jpg format of all directors.

    PAN card

    Self-attested Copy of PAN card of all Indian Directors. In case of Foreign nationals, copy of valid Passport (not expired) is required.

    Directors Address Proof

    Self-attested Copy of Aadhaar Card/ Voter ID/ Passport/ Driving License or Bank Statement/ Utility Bills not older than 2 Months of all Directors.

    Office AddressProof

    Copy of Electricity bill or Sale Deed or rent agreement and latest self- attested electricity bill in case of rented accommodation not older than 2 months.

    NOC from owner

    No Objection Certificate to be obtained from the owner(s) of registered office.

    Unique Name

    Four-Five Unique names in Preference order indicating the business of the Proposed Company.

    Business

    Description of main business activity intended to perform

    Statement of Income & Expenditure

    Estimated Statement of Income & Expenditure for next three years.

    DSC

    In case not having a valid DSC, then for obtaining DSC of all Directors, alongwith above documents, DSC Application Form and Video Verification as per the latest guidelines of DSC issued by CCA is required.

    Identity Proof

    Self-attested Copy of Aadhaar Card/ Voter ID/ Passport/ Driving License of all Directors. In case of Foreign nationals/ Foreign Representatives, copy of Identity proof of the country they are staying in is required.

    Note – In case of Foreign Nationals or NRIs, all documents need to be notarised and apostilled from the Country where the Foreign Nationals or NRI is presently residing or by the Indian Embassy in the Country where such person is presently residing.

    Comparison with other forms of Business

    Form of Business Section 8 Company Private Limited Company Nidhi Company
    Registration Requirement Mandatory Mandatory Mandatory
    Minimum Number of members 2 2 7
    Minimum Number of Directors 2 2 3
    Minimum Capital Requirement No minimum requirement Rs. 1,00,000 Rs. 5,00,000
    Net Owned Funds to deposits ratio Not required Not required Required in the ratio of 1:20.
      GET STARTED KNOW MORE KNOW MORE

    Frequently Asked Questions

    1. How many people are required to register a section 8 company?

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

    2. What are the requirements to be a Director?

    The Director needs to be over 18 years of age and must be a natural person. There are no limitations in terms of citizenship or residency. Therefore, even foreign nationals can be Directors in a Indian Section 8 Company.

    3. Is an office required for starting a Section 8 Company?

    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.

    4. Do I have to be present in person to incorporate a Section 8 Company?

    No, you will not have to be present at our office or appear at any office for the registration of a Section 8 Company. All the documents can be scanned and sent through email to our office. Some documents will also have to be couriered to our office.

    5. What are the documents required for registration?

    Identity proof and address proof is mandatory for all the proposed Directors of the Section 8 Company. PAN Card is mandatory for Indian Nationals. In addition, the landlord of the registered office premises must provide a No Objection Certificate for having the registered office in his/her premises and must submit his/her identity proof and address proof.

    6. What is the minimum capital required?

    There is no minimum amount of capital prescribed for the charitable company. The promoters may introduce the amount sufficient to start and run business.

    7. Can NRIs/Foreign Nationals be a Director in a Section 8 company?

    Yes, an NRI or Foreign National can be a Director in a Section 8 Company after obtaining Director Identification Number. However, at least one Director on the Board of Directors must be an Indian citizen and a resident.

    8. Whether Section 8 company and NGO registrations are same?

    The Section 8 company is popularly known as NGO. However, NGOs can be registered as other business structure like trust, society, etc.

    9. Can section 8 or Charitable company declare dividends?

    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.

    10. What is the validity of the registration of Section 8 company?

    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.

    11. Is it necessary to have a charitable object in forming a section 8 company?

    Yes, it is necessary to have a non-profit motive to incorporate a Section 8 company.

    12. How long is the registration of the Section 8 Company valid for?

    The life span of the company is not dependent on or related to the life of any particular person(s) or individual(s). It could go on indefinitely until it accomplishes its objective, merges with another such company, or goes bankrupt.

    13. Can Section 8 Companies be a Holding Identity of Another Company?

    Yes. A registered Sec 8 Entity under the Companies Act, 2013, can be a holding identity of another company and if needed, can promote the company as well.

    14. Can Section 8 carry out Microfinance Activities?

    Yes. A registered Sec. 8 company in India can operate microfinance activities. But, as per the provisions of the Reserve Bank of India (RBI), the financial activities should be for the backing of social welfare.

    15. Is it Mandatory for a Section 8 Company to Appoint an Independent Director?

    No. As per the Companies Act, 2013 of the Indian Govt. a Sec. 8 Company is not mandated to appoint an Independent Director.

    16. What is a Digital Signature Certificate?

    A Digital Signature establishes the identity of the sender or signee electronically while filing documents through the Internet. The Ministry of Corporate Affairs (MCA) mandates that the Directors sign some of the application documents using their Digital Signature. Hence, a Digital Signature is required for all Directors of a proposed Section 8 Company.

    17. What is Director Identification Number (DIN)?

    Director Identification Number is a unique identification number assigned to all existing and proposed Directors of a Company. It is mandatory for all present or proposed Directors to have a Director Identification Number. Director Identification Number never expires and a person can have only one Director Identification Number.

    18. How long will it take to incorporate a Section 8 Company?

    ComplianceIndia can incorporate a Section 8 Company for in 25-30 working days. The time taken for registration will depend on submission of relevant documents by the client and speed of Government Approvals. To ensure speedy registration, please choose a unique name for your Company and ensure you have all the required documents prior to starting the registration process.

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    Solutions for all yearly and event based compliance requirements related to your Company and Directors...

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    Solutions for all yearly and event based compliance requirements related to your Company and Director...

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    WHY TO CHOOSE US

    Recognised by Govt. of India

    We are Govt. recognised registered Company providing Financial and Legal aspects to clients all over India.

    Professional & Experienced Team

    We are a strong team of 25 energetic people with 2 Chartered Accountants and 4 Company Secretaries.

    Quick Turnaround Time

    From our past records, we assure you 100% accuracy in services we provide within the timeframe mentioned.

    Cost Effective Service with Easy EMI

    With us, you can be confident that needs will be met and agreed-upon services will be provided at a fair price with an option of Easy EMI.

    5000+ Satisfied Customers

    We provide financial, taxation and regulatory services to more than 5,000 Individuals and Businesses.

    ISO 27001:2013 Certified for Data Security

    Certified Service provider for quality standards, data security and confidentiality.

    Transparent Process & No Hidden Charges

    We practice transparent pricing for all services and separate cost into three categories, our fee, government fee, and GST. No Hidden Cost.

    All services under one roof

    From incorporation to routine finance, tax and regulatory services till Closure/ wind-up for businesses and Individuals.