2024
Section 8 Company Registration
Registration Online
Section 8 Company
Section 8 Company Registration in India is a popular choice among entrepreneurs due to its benefits such as Section 8 Company Registration , separate legal entity, and ease of raising capital.
Section 8 Company Registration
Registering your company as a Section 8 Company Registration could be the key to unlocking unparalleled growth opportunities.
Overview of Section 8 Company Registration in India.
Section 8 Company, also known as a Non-Profit Company, is a distinct legal entity established under the Companies Act of 2013 in India. Unlike traditional companies formed for profit-making purposes, Section 8 Companies are primarily formed to promote social welfare, charity, education, science, religion, art, environmental protection, or any other socially beneficial objective. The name “Section 8” refers to the section of the Companies Act that governs such organizations.
Why is it necessary to choose the right business structure in India?
- Minimum Members:
- Directors:
- Name Approval:
- Memorandum of Association (MOA) and Articles of Association (AOA):
- Registered Office:
Benefits of Section 8 Company Registration in India
Registering a Section 8 Company in India offers several benefits, primarily revolving around its non-profit nature and the social objectives it pursues. Here are some key benefits:
Non-profit Status: Section 8 Companies are established for promoting commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment, or any other useful object, and they operate on a non-profit basis. This allows them to focus solely on their charitable or social objectives without the pressure of generating profits for shareholders.
Tax Exemptions: Section 8 Companies enjoy tax exemptions under the Income Tax Act, 1961. They are exempted from paying income tax on their profits, provided they apply their income towards promoting their objectives and maintain proper records of their accounts.
Limited Liability: Members of a Section 8 Company have limited liability. This means their personal assets are protected in case the company faces financial difficulties or legal claims beyond its assets.
Prestige and Credibility: Section 8 Companies are registered by the Ministry of Corporate Affairs (MCA), Government of India, which lends them credibility and trustworthiness in the eyes of stakeholders, donors, and the public. This can enhance their ability to attract funds, partnerships, and support.
Access to Grants and Funding: Being registered as a Section 8 Company can facilitate access to government grants, funding from international organizations, corporate social responsibility (CSR) funds, and donations from individuals and institutions, as they are often more inclined to support organizations with legal recognition and transparent governance structures.
How Register Helps in the Section 8 Company Registration Process?
Step 1: Conceptualization and Objectives
Before delving into the bureaucratic intricacies of registration, it’s crucial to articulate a clear vision and mission for the Section 8 Company. Define the social cause or objective the company intends to serve, whether it’s education, healthcare, environmental sustainability, or any other charitable purpose. This foundational step ensures alignment with the provisions of the Companies Act, 2013, which mandates that Section 8 companies operate for the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of the environment, or any such other object.
Step 2: Board of Directors and Name Reservation
Selecting the right individuals to serve on the board of directors is paramount. They should share the passion for the chosen cause and possess the requisite skills to steer the organization effectively. Additionally, conduct a thorough search to ensure the chosen name complies with the naming guidelines specified by the Registrar of Companies (RoC). Reserve the name to prevent others from using it while the registration process is underway.
Step 3: Memorandum and Articles of Association
Prepare the Memorandum of Association (MoA) and Articles of Association (AoA) in accordance with the format prescribed under the Companies Act, 2013. These documents delineate the company’s objectives, rules, and regulations governing its operations. Ensure that the MoA includes clauses specifying the charitable objects pursued by the Section 8 Company, and the AoA outlines the internal governance structure.
Documents Required for Section 8 Company Registration in India
- Memorandum of Association (MOA)
- Articles of Association (AOA)
- Form INC-12
- Declaration by Promoters
- Form INC-7
- Proof of Registered Office
- Identity and Address Proof of Directors
- PAN Card
- No Objection Certificate (NOC)
- Affidavits
- Utility Bill
- Consent to act as Director (Form DIR-2)
- Digital Signature Certificates (DSC)
- Form DIR-12
- Statement of Accounts
- Income Tax PAN
Faq - Company Registration
A Section 8 Company, as per the Companies Act, 2013, is a type of non-profit organization formed for promoting commerce, art, science, sports, education, research, social welfare, religion, charity, protection of the environment, or any other similar objective.
- It must be formed for promoting charitable objects.
- Its profits, if any, can only be utilized for promoting its objectives.
- It prohibits the distribution of any dividends to its members.
- The words "Limited" or "Private Limited" must be suffixed to its name.
- It enjoys certain exemptions and privileges under the Companies Act.
Any person or group of persons who intend to promote charitable objectives can form a Section 8 Company. It can be formed by individuals, trusts, or other legal entities.
- At least two individuals as promoters (for a private company), and at least three individuals as promoters (for a public company).
- A registered office address.
- A minimum capital requirement is not applicable for Section 8 Companies.
- Filing of annual returns with the Registrar of Companies.
- Conducting annual general meetings.
- Maintaining proper books of accounts and records.
- Complying with the provisions of the Income Tax Act and other applicable laws.