Section 8 Company Registration

Register Section 8 Company in India

NGO Registration as a Section 8 Company is easy, online and fast. We provide DIN, DSC, Name Approval, MOA, AOA and Section 8 Company Registration Certificate in all our packages with PAN and TAN Numbers.
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Section 8 Company Registration in India - Overview

Section 8 Company Registration is a legal process of incorporating a company under Section 8 of the Companies Act, 2013. Section 8 of the Companies Act mentions provisions to establish a company as a non-profit organisation with specific objectives. These include the promotion of arts, commerce, education, sports and science. Section 8 Companies also promote objects like research, social welfare, religion, charity, and environment conservation.
For Section 8 company incorporation, you must first obtain a licence from the Central Government. Following this, you can apply for its incorporation to the Registrar of Companies or ROC. The exact process has been detailed in the further sections. Note that a Section 8 company must only operate with the object specified during registration.

Key Features of Section 8 Company:

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Checklist & Documents Required for Section 8 Company Registration

To register Section 8 company in India, certain eligibility criterias must be met beforehand. Section 8 Company eligibility criteria depends on the type of structure opted for incorporation. These companies could either be incorporated as Private Limited or Public Limited Companies.
However, both these structures require different criterias to be met. Additionally, Section 8 Company Registration process is incomplete without the submission of proper documents. In the table below, we have listed both the eligibility criteria and Section 8 Company documents required in India. This will help you navigate the Section 8 Company Registration process better.
Checklist List of Documents
    Private Limited Company
  • 2 to 200 Shareholders
  • 2 to 15 Directors
  • 1 Resident Indian Director
  • Valid & Unique Name
  • Registered Office Address
  • Adequate Capital
  • Section 8 Company Objectives

    Public Limited Company
  • 7 Shareholders
  • 3 to 15 Directors
  • 1 Resident Indian Director
  • Valid & Unique Name
  • Registered Office Address
  • Adequate Capital
  • Section 8 Company Objectives
    Documents for Registration
  1. KYC Documents of Promoters
  2. Proof of Registered Address
    • PAN
    • Adhar
    • Address Proof
    • Coloured Photo
  3. NOC from the Premises Owner
    Documents for Section 8 Licence
  1. INC-12 Form
  2. MOA & AOA
  3. Professional’s Declaration (INC-14)
  4. Director’s Declaration (INC-15)
  5. Next 3 Years Income & Expenditure Statements
  6. Board Resolution
  7. Shareholders Resolution
  8. Sectoral / Regulatory Approval
  9. Last Year’s Financial Statements
  10. Last Year’s Director’s & Audit Report
  11. List of Promoters
  12. List of Proposed Directors

Section 8 Company Registration Process

Wondering how to register a Section 8 Company in India? At Setindiabiz, we provide full assistance in the Section 8 Company Registration process. Our experts help you prepare and draft the documents required for Section 8 Company Registration accurately. With our services, you can incorporate your section 8 company without any hassle or hindrance.

Here’s a detailed stepwise guide to help you understand our services better!

Step-1: Decide Section 8 Company Objectives

Section 8 Companies are non-profit entities established and incorporated under Section 8 of the Companies Act. Section 8 restricts the objectives of these companies to the promotion arts, commerce, education, sports, science, and such other prescribed objects. So, the first step is to decide the object of the company for incorporation.

Step-2: Obtain DSC & DIN

The form for Section 8 Company Registration and Licence both are online. So, they are authenticated or signed by the Authorised Director using a Class 3 Digital Signature. You can acquire the Class 3 Digital Signature online. For this, you can file an application to a Licensed Agency or simply contact us for assistance.

Step-3: Section 8 Company Name Approval

The next step is to get the proposed name of your Section 8 Company approved by the ROC. For this, you can file an application online on the MCA website. Before applying, check section 8 company name availability to ensure the proposed name gets approved without any objection. We check your Section 8 company name availability and file the application to the ROC with 100% accuracy.

Step-4: Apply for Section 8 Company Licence

Before applying for Section 8 Company Registration, you must obtain a Section 8 Company Licence by the Central Government. For this, an application in form INC-12 must be filed online on the MCA website. After the form is examined by the Central Government, a licence is granted in form INC-16.

Step-5: Apply for Section 8 Company Registration

After all the Section 8 Company Registration prerequisites are met, you can proceed with the application process. The application for section 8 company registration is filed online on the MCA website. You must fill out the information correctly and upload the necessary documents in the form. The Form used for the purpose is PART B of SPICE Plus or INC 32.

Step-6: Issue of Certificate of Incorporation

After the application is submitted, it gets thoroughly examined by the ROC. Upon successful verification of the details and documents, the ROC registers the company for the object specified in the application. It issues a Certificate of Registration in the Company’s name as a conclusive proof registration. Also, CIN number is allotted for unique identification of the company.

Section 8 Company Benefits

Prior to the introduction of Companies Act, no non-profit entities could be set up or incorporated as a corporate structure in India. The Companies Act, through section 8, provides the flexibility of doing so! It offers all the benefits of a regular company to a non-profit organisation, and makes it easier, simpler, and more convenient to operate. Given below are a few prominent section 8 company benefits to help you clearly understand its significance.

Legal Recognition

Section 8 Companies are legally recognized nonprofit entities in India. This makes them eligible to receive donations, grants, and tax exemptions for charitable activities.

Limited Liability

Members' or shareholders' liability is limited to their contributions, providing personal asset protection while pursuing philanthropic objectives.

Tax Exemptions

Section 8 Companies can avail tax exemptions on income and donations received, enhancing their financial sustainability for social and charitable causes.

Perpetual Existence

These companies have perpetual existence, ensuring the continuity of their charitable initiatives, even in the absence of founders or key members.

Credibility for Grants

Registration as a Section 8 Company enhances credibility, facilitating partnerships, collaborations, and access to resources from government and international organisations.

Promotion of Social Causes

Section 8 Companies are specifically designed to promote social, educational, cultural, and charitable objectives. This enables them to focus on making a positive impact on society.

We Assist In Section 8 Company Registration Online!

Looking for Section 8 Company Registration Consultant in India? At Setindiabiz, we provide full assistance throughout the Section 8 Company Registration process. Our experts determine the eligibility of your company and assist in getting the Section 8 Company licence as well as registration. We have a robust team of qualified CA, CS, and legal experts available for 24*7 consultations free of cost!

Frequently Asked Questions

Yes. Section 8 Companies can be established as Microfinance Companies in India, subject to RBI’s approval. Section 8 Microfinance Company Registration Fees depends on the authorised capital.
Although, a company registered under section 8 can be a Private or Public Limited Company, its name must not include the words “Private Limited” or “Public Limited”, but must end with any of the following words:
  1. Foundation
  2. Forum
  3. Association
  4. Federation
  5. Chambers
  6. Confederation
  7. Council
  8. Electoral Trust
Yes, Foreign Direct Investment is allowed for Section 8 Companies subject to the provisions of FEMA Regulations. However, such FDI is considered as a foreign contribution under the Foreign Exchange Management Act, and therefore, can be paid only with prior approval from the central government.
Yes, there is no specific restriction on making an investment in any other company by section 8 companies, even if the investee company is a profit-making entity.
To know the format of NOC of a company, read our article on Format of NOC from the owner of a company.
A registered office address is required to be declared at the time of company incorporation and to be maintained by the company under section 12 of The Companies Act, 2013. The registered address must be such that it is capable of receiving and acknowledging all communications and notices addressed to it. Further, the statutory records of the company are also needed to be maintained at the registered address of the company. Hence, having a registered address at a co-working space is not an option, unless each company in the space is provided with a private lockable area.
No, a section 8 company cannot be registered as an unlimited company. It can only be registered as a Private Limited or a Public Limited Company.
No, a One Person Company cannot be directly converted into a Section 8 Company. However, an OPC can be first converted into a Private Limited or Public Limited Company and then be converted into a Section 8 company.
No, an OPC is forbidden from becoming a member of a Section 8 company.
Yes, an LLP or a Partnership Firm may become a member / shareholder in a Section 8 company.
Yes, an LLP or a Partnership firm can be converted into a Section 8 Company.
INC-12 is the form used to apply for Section 8 Company Licence granted by the Central Government before incorporation.
Yes, only if it is a registered trust. An unregistered trust cannot become a member of the section 8 company.
Yes, a co-operative society can become a member of the Section 8 company as it is considered to be a “legal person” under the Companies Act, 2013.
A Section 8 company can avail a number of tax benefits, including:
  1. Reduced Stamp Duty compared to other types of businesses
  2. Income Tax exemption for donors under Section 80 G of the Income Tax Act
  3. If a Section 8 company is registered under Section 12 AA of the Income Tax Act, its profits shall be 100% exempted from Income Tax liabilities.
Yes, accounting standards are applicable to section 8 companies like any other form of business applicable in India.
Section 8 Company Annual Filings are the same as any other company incorporated under the Companies Act. These include
  1. Filing ADT-1 (Annual Auditor Appointment)
  2. Filing AOC-4 (Annual Financial Statements & Director’s Report)
  3. Filing MGT-7 (Annual Returns)
  4. Filing annual ITR
The overall Section 8 Company Registration fees depend on its various cost components. These include:
  1. DSC & DIN Fees
  2. Section 8 Company Name Approval
  3. Section 8 Company Licence
  4. ROC fees for Registration
  5. Professional Fees for Legal Assistance
Yes. Section 8 Companies can be established as Microfinance Companies in India, subject to RBI’s approval. Section 8 Microfinance Company Registration Fees depends on the authorised capital.