Section 8 Company Registration
Establish a professional non-profit organization with the credibility and structure of a company under Section 8 of the Companies Act, 2013.
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Importance of Section 8 Company in India
A Section 8 Company is a special type of non-profit organization registered under the Companies Act, 2013. It combines the credibility and structure of a corporate entity with the charitable objectives of an NGO.
Section 8 Companies are vital for:
- Professional Credibility: Viewed as more structured and transparent compared to trusts and societies, making them attractive to large donors and CSR funds.
- Regulatory Oversight: Governed by the Ministry of Corporate Affairs (MCA), ensuring high standards of compliance and accountability.
- National Presence: Can operate across India without needing separate registrations in different states.
Benefits of Section 8 Company Registration
Limited Liability Protection
Directors and members have limited liability, protecting personal assets from organizational debts.
Tax Benefits
Eligible for 12A and 80G registrations, providing tax exemptions to the company and its donors.
CSR Funding Eligibility
Automatically eligible to receive Corporate Social Responsibility (CSR) funds from companies.
Perpetual Succession
The company continues to exist regardless of changes in membership or directorship.
Easy Fund Raising
Higher credibility makes it easier to raise funds from institutional donors and international organizations.
No Stamp Duty
Exempted from paying stamp duty on incorporation documents.
Process of Section 8 Company Registration
Obtain Digital Signature Certificate (DSC)
All proposed directors must obtain a DSC for signing electronic documents.
Apply for Director Identification Number (DIN)
Each director needs a unique DIN from the Ministry of Corporate Affairs.
Name Reservation
File RUN (Reserve Unique Name) application through the MCA portal to reserve the company name.
Draft MOA & AOA
Prepare Memorandum of Association and Articles of Association as per Section 8 requirements.
File SPICe+ Form
Submit the incorporation application through SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus).
Obtain Section 8 License
The Central Government issues a license under Section 8 after verifying the charitable objectives.
Certificate of Incorporation
Upon approval, the Registrar of Companies issues the Certificate of Incorporation along with PAN and TAN.
Documents Needed for Section 8 Company Registration
- PAN Card and Aadhaar Card of all proposed Directors
- Passport-size photographs of all Directors
- Proof of Registered Office Address (Rent Agreement/Ownership Deed + Utility Bill)
- No Objection Certificate (NOC) from the property owner
- Digital Signature Certificate (DSC) of all Directors
- Memorandum of Association (MOA) and Articles of Association (AOA)
- Declaration of Compliance and Consent to Act as Director
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