Section 8 company is most appropriate for non-profit/NGO related objectives such as promotion of commerce, art, science, sports, education, research, social, welfare, religion, charity, protection of the environment, etc.. The process of registration of section 8 company is just like normal company registration in India with an additional requirement of a license from the central government under section 8 of the Companies Act, 2013.
Minimum Requirement for Section-8 Company registration:A minimum number of two Directors who are adults
One of the Directors of a section 8 company has to be an Indian Citizen and Indian Resident.
The other director(s) can be a Foreign National.
It is also required to have two shareholders of a company
The shareholders can be natural persons or an artificial legal entity.
Mandatory to have charitable object.
A Section 8 company is an entity having separate legal identity and it may own property on its own name and can sue and be sued through its own name.
No minimum capital limit is prescribed for a Section 8 Company in India. And the capital can always be altered at any stage as per the growth requirements of the company. This implies that it can be formed without any share capital. The funds necessary for carrying the business operations can be brought, later, in the form of donations and/or subscriptions from members and the general public.
Section 8 Company is not required to suffix “Public Limited or Private Limited”, next to it’s legal name. It can be registered with names such as “Association, Society, Council, Club, Charities, Foundation, Academy, Institute, Organisation, and Federation”.
For Section 8 Companies in India, many tax advantages are present and provided.
Those donating to a Section 8 Company are eligible for tax exemptions under section 12A and 80G of the Income Tax Act.
Permanent Account Number (PAN) Card
Aadhaar Card / Passport / Driving License / Voter Identity Card
Address ProofTelephone Bill / Mobile Bill/ Electricity Bill / Water Bill/ Bank Statement /Bank Passbook with latest transaction
*(Any one of the Document not older than 2 months)
Passport size PhotographsNotes:
All the Copies of documents must be Self-Attested by the applicant
Telephone Bill / Mobile Bill/Electricity Bill / Bank Account Statement must be in the name of applicant and should not be older than 2 months
In case of NRI or Foreign National, documents of director (s) must be apostilled
No-Objection letter from the Owner of Address to use the address of the registered office of the Company
Address Proof – In the name of the Owner:
Electricity Bill, Telephone Bill (Fixed Line Only), Gas Bill or Water Bill (Not older than 2 months);- To be signed by the of the Owner of Premises.
Rent Agreement (if rented)
Select a suitable package.
Provide basic details & documents required for Incorporation.
Make Payment through Secured Payment Gateway
RegistrationApplication for DSC.
Application for Name approval
Drafting of documents (MOA, AOA, DIR-2, Declaraions, Projections, etc)
Registered on MCA*Issuance of COI, Section-8 License, PAN, TAN by MCA
*Company will be registered within 15-25 working days subject to the MCA processing and approval.
Provide basic details & documents required for registration.
Application for DSCs.
Name approval application through Spice part A.
Day 4-6:Drafting of Documents
Day 7:Filing company registration application
Day 8-15:MCA processing time
Issuance of PAN, TAN, COI, Section-8 License
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