- Name Approval & DSC 1-2
- Drafting MOA & AOA documents with ROC 3 -5 Days
Section 8 Company Registration
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Section 8 Company Registration
Section 8 Company Registration: A Section 8 Company, as per the Companies Act, 2013, is established for promoting commerce, art, science, sports, education, research, social welfare, religion, charity, or any other useful objective. These companies are similar to NGOs or non-profit organizations but enjoy the status and benefits of a corporate entity.
Benefits of Section 8 Company Registration
- Tax Exemptions: Eligible for various tax exemptions under the Income Tax Act.
- Separate Legal Entity: Enjoys a distinct legal identity, separate from its members.
- Limited Liability: The liability of members is limited to their shareholding.
- Credibility: Enhances credibility and trustworthiness among donors, government agencies, and other stakeholders.
- Perpetual Existence: Continues to exist regardless of changes in membership.
Eligibility for Section 8 Company Registration
- Objectives: The primary objectives must be to promote fields like commerce, art, science, sports, education, research, social welfare, religion, charity, or similar objectives.
- Profit Reinvestment: Profits must be reinvested in achieving the company’s objectives and cannot be distributed as dividends to its members.
- Incorporation Requirements: Minimum of two directors and two shareholders.
Section 8 Company Registration Process
1. Digital Signature Certificate (DSC)
- Obtain DSC: Obtain a Digital Signature Certificate for the proposed directors.
2. Director Identification Number (DIN)
- Apply for DIN: Apply for a Director Identification Number for the proposed directors through the Ministry of Corporate Affairs (MCA) portal.
3. Name Approval
- Reserve Name: Submit the name approval application (Form SPICe+) to reserve a unique name for the company.
4. Incorporation Application
- File Incorporation Form: File the incorporation form (Form SPICe+) along with the necessary documents to the Registrar of Companies (RoC).
- Draft Documents: Prepare and submit the Memorandum of Association (MoA) and Articles of Association (AoA), outlining the company’s objectives and operational framework.
5. License under Section 8
- Apply for License: Submit an application for a license under Section 8 using Form INC-12, including detailed information about the company’s objectives and financials.
- RoC Scrutiny: The RoC scrutinizes the application and, upon satisfaction, issues a license under Section 8.
6. Certificate of Incorporation
- Issuance of Certificate: After the license is issued, the RoC provides the Certificate of Incorporation, confirming the company’s registration as a Section 8 company.
Documents Required for Section 8 Company Registration
- Identity Proof: PAN card, passport, voter ID, or driving license of directors and shareholders.
- Address Proof: Aadhaar card, passport, bank statement, or utility bill of directors and shareholders.
- Registered Office Proof: Rent agreement or property ownership documents, along with a NOC from the property owner.
- MoA and AoA: Memorandum of Association and Articles of Association.
At Bizlaw India, we offer comprehensive services for Section 8 company registration. Our expert team will assist you in:
- Obtaining Digital Signature Certificates and Director Identification Numbers.
- Ensuring name approval and reserving a unique name for your company.
- Drafting and filing incorporation documents with the RoC.
- Applying for a license under Section 8 and handling RoC scrutiny.
- Securing the Certificate of Incorporation and ensuring compliance with all regulatory requirements.
Contact us today to streamline your Section 8 company registration and take advantage of the benefits of being a recognized non-profit entity with Bizlaw India.
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Frequently Asked Questions
A Section 8 Company is a type of non-profit organization recognized under the Companies Act, 2013, in India. It is established with the primary objective of promoting commerce, art, science, sports, education, research, social welfare, religion, charity, or any other useful objective.
Benefits include tax exemptions, limited liability, separate legal entity status, enhanced credibility, perpetual existence, and eligibility for various government schemes and grants.
Any individual or group of individuals with a common objective of promoting social welfare, education, charity, or other useful objectives can register a Section 8 Company. The company must have at least two directors and two shareholders.
The key requirements include:
- Minimum of two directors and two shareholders.
- Objectives focused on social welfare, charity, education, etc.
- Profits must be reinvested in achieving the company’s objectives and cannot be distributed as dividends.
The registration process involves:
- Obtaining Digital Signature Certificates (DSC) for directors.
- Applying for Director Identification Numbers (DIN).
- Reserving a company name through Form SPICe+.
- Filing incorporation documents, including MoA and AoA, with the RoC.
- Applying for a license under Section 8 using Form INC-12.
- Receiving the Certificate of Incorporation from the RoC.
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