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Section 8 Company Registration

Section 8 Company Registration is a new form of Not for Profit Organisation which can be incorporated as a company under the companies Act. 2013. For the social not for profit activities such as to promote commerce, art, science, research, social welfare etc.

Section 8 Company Registration
 
 
Section 8 Company Registration

To do activities for the welfare or organisations with objects which are not with profit motive, there are three types of entities which can be formed. A society under the societies registration Act, a trust by execution and registration of a trust deed or a section 8 company as an incorporated entity under The Companies Act, 2013. Procedure to form Section 8 Company is held to be professionally managed organisations as they are subject to the articles of association and the provisions / rules of companies act which have detailed provisions governing the functioning of a company. To register Section 8 Company a license is needed from the registrar which is a stringent process.

Limitation Minimum Requirement of Section 8 Company Registration

Limitation on Section 8 Company Registration

  • Only object for which a section 8 company can be incorporated is the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object.
  • That the profits Gains of the company can be utilised only for promoting its objects (as stated above).
  • That Company prohibits the payment of any dividend to its members

While doing attestation a blue Ink pen must be used and the attesting authority must place his official seal mentioning his name, designation, employee identification number, phone number.

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Simple & Transparent Pricing

Basic

Procedure to register Section 8 Company36000/-

All India Price

This Pack enables you to have a legal entity registration with all necessary document for opening of the bank account

Includes

  • DSC of Director
  • DIN of Director
  • MOA, AOA
  • Name Approval
  • Section 8 company license
  • PAN Card & TAN
  • Incorporation Fee
  • Company Kit

Silver

Section 8 Company Registration40000/-

All India Price

This pack includes everything of basic pack and the TDS return filing service for one year

Includes

  • DSC & DIN of Director
  • MOA, AOA
  • Name Approval
  • Section 8 company license
  • PAN Card & TAN
  • Incorporation Fee
  • Company Kit
  • One Year TDS filing

Gold

Procedure to form Section 8 Company45,499/-

All India Price

Includes everything of silver pack plus filing of trademark to protect your brand name

Includes

  • DSC & DIN of Director
  • MOA, AOA
  • Name Approval
  • Section 8 company license
  • PAN Card & TAN
  • Incorporation Fee & Company Kit
  • One Year TDS filing
  • Trademark Registration

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Step Wise Procedure to register Section 8 Company

Digital Signature for all the Directors: -

directors of the company shall obtain Digital Signature of Class-2. To obtain digital signature photograph, copy of pan card, address proof. All the documents must be attested by a gazetted officer, banker, post master or principal / headmaster of school.

DIN Number for all Directors: -

All proposed directors need to obtain Director Identification Number, for this purpose an online application is made to ROC annexing colour photograph, the copy of pan card, proof of identity & residential proof (not older than 2 months). All documents need to be self-attested.

Name Approval Of Section 8 Company: -

For reservation of Name of the company an application is moved before the jurisdictional registrar of companies in INC-1 through e-filing mechanism at the website of ministry of corporate affairs. The names are made available based on the provisions contained under section 4 of the companies, Act 2013 and rules (Rule 8 & 9 of The Company Incorporation Rules, 2014) framed thereunder and further directions issued by the ministry of corporate affairs. The legal position with respect to the name of a section 8 company can be summarised as following.

  • That in terms of Rule 8(7) The name shall include the words: - Foundation, Forum, Association, Federation, Chambers, Confederation, Council, Electoral Trust and the like etc. The name must not include the words “Private Limited” or “Limited”
  • That the name should not be same or similar to the name of an already registered company or an already approved name for a company under incorporation. The meaning of similar is that the name should not be either phonetically similar or visually similar.
  • That the name should not be same or similar to a registered trademark or a trademark which is applied before the registrar of trademark for registration.
  • That the name should not show or indicate any patronage of the government in India
  • That the name should not be anything which is contrary to the provisions of the names & emblems act.
  • 3.6 The name approved is valid for 60 days only, hence all the formality must be completed within that time period only.

License for Section 8 Company: -

After Name approval of the company, an application is moved before the registrar of companies seeking license to open a section 8 company. The application must accompany memorandum & articles of company, Projected statement of Income & Expenditure of next three years & Statement of assets and liabilities, Description of activities to be carried on by the proposed company, declarations from proposed directors & professional engaged in the incorporation process of section 8 company.

Incorporation of Section 8 company:

After the grant of license the e-form for incorporation is filed along with necessary attachments like Approved MOA & AOA, Address Proof, Identity Proof, Copy of Pan Card of Directors & Promoters, some statutory declarations and affidavit, and license copy. Along with incorporation related e-form an intimation of registered address and appointment of director is filed. Upon satisfaction of Roc that all the forms and documents / attachments are in order a certificate of incorporation is issued, which is a conclusive proof that a section 8 company has been incorporated.

Other Registration & License: -

A section 8 Company is also subject to all other laws as may be applicable on any other form of business hence after incorporation must secure following

  • Pan Card of section 8 Company
  • TDS Number (TAN) Allotment for the company
  • Shops & Establishment Registration with local labour office
  • Registration under professional tax if applicable
  • Other tax registration like sales tax or service tax if needed
  • Registration with PF and ESIC department

FAQS On Section 8 Company Registration

Q1. Can Section 8 Company be converted into Private Limited Company?

Ans:Yes, Section-8 Company can be converted into Private Limited Company if someone wishes to do so in future.

Q2. Can INC-29 be applied for Section-8 Company?

Ans: No, INC-29 is not applicable for Section-8 Company as it’s important to get license from the RD for Section 8 companies.

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