Section 8 company can be converted into Private Company provided the former manages to pass a Special Resolution pertaining to conversion in its general meeting, furnish explanatory statement, and get NOC from authorities from which the company had obtained special status, privilege, benefit, exemption or grant.
This form of company is eligible for getting itself registered under section 12A of the Income Tax Act so that its income remaining after deducting expenses is exempted from Income Tax to the extent of 15%. It may also get itself registered under Section 80G so that people who donate to the company also get deductions of these amounts in their Income Tax return.
The first step to registration is applying for the name of the Section 8 Company. The proposed name should include the word Foundation, Forum, Association, Federation, Chambers, Confederation, Council or Electoral Trust.
It is requird of all proposed directors to obtain Digital Signature Certificate (DSC) from a government recognized certifying agency. Identity proof, address proof, contact details and passport size photographs of the directors are required to obtain DSC. The Director Identification Number (DIN) will be automatically created after the procurement of DSC.
Once the name is approved and DSC is obtained, the incorporation process can be initiated by preparing and filing the MoA and AOA.
After payment of fee and proper verification, the certificate of company incorporation will be issued by the Registrar of Companies along with a unique Company Identification Number.
For Directors/Shareholders:
(Mandatory For Indian Resident)
(Any one)
(Any one)
For Company in Registration:
Authorization from the owner or authorized occupant of the premises.
Utility Bill in owner’s name.
For Directors and Shareholders.
Following are the post incorporation compliances:
(Any one)
(Any one)
(Any one)
Following are the post incorporation compliances:
(Any one)
(Any one)
(Any one)
A Section 8 Company needs a minimum of 2 directors to form. Minimum number of shareholders required too is 2.
At least one of the proposed directors must be a resident Indian, for a Section 8 Company.
Yes, a statement showing details of assets and liabilities of the company needs to be furnished along with the application.
Yes, a Section 8 Company should furnish an estimate of future annual income and expenditure of the proposed company, specifying its source of income as well as object of expenditure.
No, NGOs can be registered as Trusts and Societies as well. However, Section 8 Company is mostly preferred in India on grounds of ease of registration and management.
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