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Section 8 Company

Section 8 Company Registration in India

Navigating the Section 8 Company registration process can be complex, but with the right guidance, it becomes seamless. Understanding compliance, documentation, and legal requirements ensures a hassle-free experience.

What is a Section 8 Company?

A Section 8 Company is a non-profit organization registered under the Companies Act, 2013. It is formed with the objective of promoting commerce, arts, science, sports, education, research, social welfare, charity, religion, environmental protection, or any other charitable purpose. Unlike other companies, Section 8 companies do not distribute profits to their members but instead reinvest them in furthering their objectives.

Key Benefits of Registering a Section 8 Company

Eligibility Criteria for Section 8 Company Registration

To register a Section 8 Company, the following conditions must be met:

  • The company should be formed with charitable objectives.

  • It should not aim to distribute profits among its members.

  • It must apply its profits towards the promotion of its objectives.

  • At least two individuals are required for incorporation.

  • Directors must be Indian residents.

Process of Section 8 Company Registration

The registration process involves several steps, including obtaining approval from the Registrar of Companies (ROC) and the Ministry of Corporate Affairs (MCA). Below is the step-by-step guide:

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Step 1: Obtain Digital Signature Certificate (DSC)

  • Directors must obtain DSC from a certified authority.

  • It is necessary for filing electronic forms on the MCA portal.
     

Step 2: Apply for Director Identification Number (DIN)

  • Directors must obtain DIN by filing Form DIR-3.

  • If already allotted, no need to apply again.
     

Step 3: Name Reservation via SPICe+ Form

  • Apply for name approval using Part A of the SPICe+ form.

  • The name must include terms such as ‘Foundation,’ ‘Society,’ ‘Association,’ or ‘Council.’

  • The name should not conflict with existing company names.
     

Step 4: Draft Memorandum of Association (MOA) & Articles of Association (AOA)

  • MOA should outline the company’s objectives.

  • AOA should define internal management rules.
     

Step 5: File INC-12 for Section 8 License Approval

  • Submit Form INC-12 along with MOA, AOA, and other necessary documents.

  • Approval from the Regional Director of MCA is required.
     

Step 6: File SPICe+ Form for Company Incorporation

  • Submit SPICe+ (INC-32) along with MOA, AOA, PAN, TAN, and other declarations.

  • Once approved, the Certificate of Incorporation (COI) is issued.
     

Step 7: Obtain PAN, TAN & Bank Account Opening

  • Apply for PAN and TAN.

  • Open a bank account in the company’s name.

Documents Required for Section 8 Company Registration

Affordable Section 8 Company Registration in India – Expert CA services for NGO registration, NPO formation, tax exemptions, and 80G/12A certificate filing
1. For Directors and Shareholders:

  1. PAN Card (Mandatory for Indian Nationals)

  2. Aadhaar Card or Passport (for Foreign Nationals)

  3. Address Proof – Bank Statement, Utility Bill (not older than 2 months)

  4. Passport-size Photographs

  5. Digital Signature Certificate (DSC)

2. For Registered Office Address:

  1. Electricity Bill, Water Bill, or Property Tax Receipt (not older than 2 months)

  2. NOC from the owner if the premises are rented

  3. Rent Agreement (if applicable)

3. Other Required Documents:

  1. Memorandum of Association (MOA)

  2. Articles of Association (AOA)

  3. Declaration by Directors in Form INC-9

  4. Consent to Act as Director in Form DIR-2

We Help You With Proper Docs

Timeline for Section 8 Company Registration in India – Step-by-step process, document checklist, and estimated 15–20 day approval by expert CA services for NGO/NPO incorporation

Timeline for Section 8 Company Registration

The entire registration process generally takes 15-30 days, subject to document verification and government approvals.
 

Estimated Time Breakdown:
 

  • DSC & DIN Approval: 1-2 Days

  • Name Approval: 2-4 Days

  • INC-12 Approval: 7-10 Days

  • SPICe+ Form Processing: 7-10 Days

  • PAN & TAN Allotment: 2-5 Days

Compliances for a Section 8 Company​

 

Once registered, Section 8 Companies must comply with the following:

  1. Annual Filing with ROC: Filing of financial statements and annual returns.

  2. Income Tax Returns: Filing under the Income Tax Act, 1961.

  3. Audit Requirements: Mandatory statutory audit by a Chartered Accountant.

  4. Meetings: Conduct board meetings and maintain minutes as per Companies Act.

  5. CSR Compliance (if applicable): If turnover exceeds prescribed limits.

Mandatory compliances for Section 8 Company in India – Annual filing, ROC returns, audit requirements, income tax and 80G/12A compliances by professional CA services for NGOs/NPOs

Why Choose Kaares Bharat for Pvt Ltd Registration?

  • Expert Consultation: Guidance from experienced Chartered Accountants.

  • End-to-End Support: From document preparation to final registration.

  • Quick & Hassle-Free Process: Efficient execution with minimal paperwork.

  • Affordable Pricing: Transparent fees with no hidden charges.

Frequently asked questions

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