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Section 8 Company

Need to register a Section 8 Company?

Section 8 Company Registration Starting at Just Rs.23,499/- (Inclusive of all Govt. Fees).

About Section 8 Company

Section 8 Company is named Section 8 of the Companies Act, 2013, which pertains to a established 'for promoting commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object', provided the profits, if any, or other income is applied for promoting only the objects of the company and no dividend is paid to its members. Therefore, Section 8 Company or Section 25 Company is a company registered under the Companies Act, 2013 for charitable or not-for-profit purposes.

A Section 8 Company is similar to a Trust or Society; expect, a section 8 Company is registered under the Central Government's Ministry of Corporate Affairs. Trusts and Societies are registered under State Government regulations. A section 8 company has various advantages when compared to Trust or Society like improved recognition and better legal standing. Section 8 company also has higher credibility amongst donors, Government departments and other stakeholders.

Complete solution for incorporation of a not for profit Section 8 company and obtaining Section 8 company license.

ADVANTAGES OF SECTION 8 COMPANY

To register a Section 8- Company there is no need of a minimum paid up capital. Only two members are required if it is a Private Company and 7 members are required in case it is a Public Limited Company.

There are certain tax deduction to the donors of the Company associated with the Section 8 Company.

There are various privileges and exclusions under the Company Law. Companies Auditor is not Applicable. Stamp duty registrations are also exempted.

SECTION 8 COMPANY REGISTRATION PROCESS

Obtaining DSC
& DIN

Digital Signature Certificate (DSC) and Director Identification Number (DIN) is required for the proposed Directors of the Section 8 Company. DIN and DSC can be obtained for the proposed Directors within 5 to 7 days.


Name Approval
& License

Once DIN and DSC are available for at least two Directors, application for reservation of name for section 8 company can be made to MCA. Once, the name is reserved, a license must be obtained prior to incorporation.


Section 8 Company Registration

Once the license is obtained, registration documents can be submitted to the MCA along with an application for registration. MCA will usually approve the application for incorporation in 5 to 7 days, subject to their processing time.

Success is doing ordinary things extraordinarily well.

DOCUMENTS REQUIRED FOR Section 8 Company Registration

Documents Required for Section 8 Company Registration

For Section 8 Company

  • PAN card duly signed by the applicant;
  • Voter Id / Passport / Aadhar card / driving license.
    (All the documents need to be signed by the applicant).
  • Latest Bank account statement / Telephone bill / Electricity Bill. The documents should not be older than two months.
  • Photograph;
  • Office Address proof of the company is needed;
  • NOC (No Objection Certificate from the owner);
  • Sales Deed;
  • If the applicant is an NRI then the documents must be notarized and passport is compulsory.
Basic
23,499
/-

(Inclusive of all Govt. Fees).

DSC
DIN
Name Approval
Fees And Stamp Duty
PAN
TAN
Articles Of Association (AOA)
Memorandom Of Association (MOA)
Certificate of Incorporation (COI)
Section 8 Company Licence
Company kit
BASIC WEBSITE FREE



Get Started

Standard
25,499
/-

(Inclusive of all Govt. Fees).

DSC
DIN
Name Approval
Fees And Stamp Duty
PAN
TAN
Articles Of Association (AOA)
Memorandom Of Association (MOA)
Certificate of Incorporation (COI)
Section 8 Company Licence
Company kit
1 Year ITR Filing
BASIC WEBSITE FREE


Get Started

Premium
35,499
/-

(Inclusive of all Govt. Fees).

DSC
DIN
Name Approval
Fees And Stamp Duty
PAN
TAN
Articles Of Association (AOA)
Memorandom Of Association (MOA)
Certificate of Incorporation (COI)
Section 8 Company Licence
Company kit
1 Year ITR Filing
1 Year ROC Filing
Trademark registration
BASIC WEBSITE FREE

Get Started

FAQ OF Section 8 Company

What is Section 8 Company?

Section 8 Company is also termed as the Non-Profit organization(NPO) which is established to promote art, science, commerce, religion, charity or any other advantageous object, provided the profits if any. Other revenue is utilized for supporting & promoting of objectives of the company and its members do not get any benefit.

How many members are required to incorporate a Section 8 Company?

It depends on the type of Company you are registering, in case you are registering a Private Company then only two members are required and if it is a Public Limited Company then it should have seven members.

Is it possible to convert Section 8 Company to a Private Limited Company?

Yes, definitely it is permissible to convert Section-8 Company into Private Limited Company and related options are available for the same.

How much time is required to register a Section 8 Company?

It is a complicated process but with the help of Businessgig it is much easier. It takes only 15-25 working days to register a Section 8 Company after the documents are submitted.

For Registered Office Address

  • Rent agreement along with latest rent receipt (in case the premises are rented)
  • House tax receipts (in case premises are owned)
  • Electricity bill
  • NOC from the Owner (Format will be shared once your company name approved)
Is NRI permitted to register a Section-8 Company ?

Yes, an NRI can register a Section-8 Company provided all the documents required are submitted and notarized by the professionals.

Is it necessary to have a Charitable object to register a Section 8 Company?

It is important to have objects with non-profit motive, and then it can be registered as Section-8 Company.

Can INC-29 be applied for Section 8 Company?

No, certainly it is not permitted to apply INC-29 for Section-8 Company. The reason is Section-8 Companies need to get license from the RD and INC-29 facilities are not suitable for this specific company.

How long can a Company remain registered under the Companies Act 1956?

The registration under Companies Act, 1956 is unchanging in nature and provides continuous existence. Under extreme conditions, such companies can be reimbursed. The government is the official liquidator of Corporations.

Which are the laws that regulate the cooperative societies in India?

Laws that are regulating the Cooperative Societies in India are as follows;

  • State Cooperative Societies Acts of individual states
  • Multi-State Cooperative Societies Act, 2002 for the multi-state Cooperative societies including Area of operation in more than one State.
Is CSR related to Section-8 Company?

Yes, Corporate Social Responsibilities (CSR) is a part of all companies and similar to Section 8 Company it has non-profit related objectives.

How much Paid-up capital is required?

To register Section 8 Company no paid-up capital is required. This is mentioned under sub section 6 of section 3 as per Companies Act, 1956.

What are the benefits associated with the Section 8 Company?

There are various privileges and exclusions under the Company Law.

  • There is no need of a Minimum paid-up Capital
  • Stamp duty registrations are also exempted
  • Companies Auditor is not applicable.
  • Any registered partnership firm can be a member in its individual capacity.
  • Tax deductions to the donors of the Company.
What are the documents required for registering Section 8 Company?

The following are the requirements

  • Copy of PAN card duly signed by the applicant.
  • Id Proof: Voter Id or Passport or Aadhar card or driving license. All the documents need to be signed by the applicant.
  • Address Proof: It can include latest Bank account statement or Telephone bill or Electricity Bill. The documents should not be older than two months.
  • Photo Proof (latest passport size picture)
  • Office Address proof of the company is needed.
  • NOC (No Objection Certificate from the owner.
  • Copy of Sales Deed
  • If the applicant is an NRI then the documents must be notarized and passport is compulsory.
What are the main objectives of Section-8 Company?

The main objectives of Section 8 Company must ensure that it is related apply its profits (if any) in promoting and supporting the objectives. It should not provide any benefit/fund to its members. The objects to be promoted includes;

  • Commerce
  • Science
  • Sports
  • Research
  • Education
  • Social Welfare
  • Religion
  • Charity
  • Protection of Environment.
Is there any requirement of minimum number of members to register a Section 8 company?

Minimum two people are required to register a section 8 company.

Is there any requirement of an office to start a Section 8 company?

Yes, there should be an office of the company having located in India. The office property can also residential, commercial or industrial where communication from the MCA will be received.

Does personal presence is required to incorporate a Section 8 company?

No, personal presence is not required to incorporate a section 8 company. All the documents can be scanned and sent through email. Some documents will also have to be couriered to our office.

What is the validity of the registration of Section 8 Company?

Once a Company is incorporated, it will be active and in-existence as long as the annual compliances are met with regularly. In case, annual compliances are not complied with, the Company will become a Dormant Company and maybe struck off from the register after a period of time. A struck-off Company can be revived for a period of up to 20 years.

What are the requirements to be a Director?

The Director needs to be over 18 years of age and must be a natural person.

Can NRIs / Foreign Nationals be a Director in a Section 8 Company?

Yes, a NRI or Foreign National can be a Director in a Section 8 Company after obtaining Director Identification Number. However, at least one Director on the Board of Directors must be a Resident India.

What comes as a part of the Legal Documents Library?

Basic legal documents like Employment Letter, Legal Notice, Non-Disclosure Agreement, Terms of Service and Privacy Policy etc. are a part of the Legal Documents Library.

Comparison among Trust, Society and Non-profit Company


Trust Society Section-8 Company
Statute/Legislation Relevant State Trust Act or Bombay Public Trusts Act, 1950 Societies Registration Act, 1860 Indian Companies Act, 2013
Jurisdiction Deputy Registrar/Charity commissioner Registrar of societies (charity commissioner in Maharashtra). Registrar of companies
Registration As trust As Society In Maharashtra, both as a society and as a trust As a company u/s 8 of the Indian Companies Act.
Registration Document Trust deed Memorandum of association and rules and regulations Memorandum and articles of association. and regulations
Stamp Duty Trust deed to be executed on non-judicial stamp paper, vary from state to state No stamp paper required for memorandum of association and rules and regulations. No stamp paper required for memorandum and articles of association.
Members Required Minimum – two trustees. No upper limit. Minimum – seven managing committee members. No upper limit. Minimum three Members. No upper limit.
Board of Management Trustees / Board of Trustees Governing body or council/managing or executive committee Board of directors/ Managing committee
Mode of Succession on Board of Management Appointment or Election Appointment or Election by members of the general body Election by members of the general body

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