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Filingwala

Company Registration

Section-8 Company

Limited Liability

Lesser Compliance

12A Exemption

80G Benefit

Suitable for Charitable/Religious Work

Eligibility

  • • Two directors
  • • Two shareholders
Register Now @ ₹5,499*

Popular

Basic Package

₹5,499 one-time professional fees*

  • 2 DIN + 2 DSC
  • MOA + AOA
  • 1 RUN Name Approval
  • Professional Tax Registration + PAN + TAN
  • Bank account opening documentation support
  • Commencement of Business Certificate
  • Certificate of Incorporation
Register Now

A Section 8 Company, or non-profit company, functions to promote social objects and public welfare — arts, science, sports, education, research, social welfare, religion, charity, and environmental protection. It is not profit-oriented; any profit earned cannot be distributed to members or owners and must be applied only to the company's objects. While NGOs can also register as Trusts or Societies, Section 8 Company is the most popular route in India due to its ease of registration and management.

It requires a minimum of 2 directors (at least one a resident Indian) and 2 shareholders — directors and shareholders can be the same people. No minimum capital requirement applies.

Conversion

A Section 8 Company can be converted into a Private Company, provided it passes a Special Resolution in its general meeting, furnishes an explanatory statement, and obtains a No Objection Certificate from any authority that had granted it special status, privilege, benefit, exemption, or grant.

Taxation of Section 8 Company

This form of company can register under Section 12A of the Income Tax Act, exempting income remaining after expenses from tax up to 15%. It can also register under Section 80G, so donors receive a tax deduction on their contributions.

Registration Process

  1. 1

    Apply for Name

    The proposed name should include a word like Foundation, Forum, Association, Federation, Chambers, Confederation, Council, or Electoral Trust.

  2. 2

    Obtain DSC

    All proposed directors need a Digital Signature Certificate (DSC); the DIN is created automatically once DSC is obtained.

  3. 3

    File MoA and AoA

    Once the name is approved and DSC obtained, the MoA and AoA are prepared and filed to begin incorporation.

  4. 4

    Apply for Certificate of Incorporation

    After payment and verification, the Registrar of Companies issues the Certificate of Incorporation along with a unique Company Identification Number.

Documents Required

  • PAN Card (mandatory for Indian residents)
  • ID proof — Passport, Driving License, or Voter ID
  • Address proof — mobile/telephone bill, recent utility bill, or bank statement
  • No Objection Letter and utility bill in owner's name, for consented premises
  • Registered title document or company-name utility bill, for owned premises
  • Lease/rent agreement, rent receipt, and owner's utility bill, for rented premises
  • Passport-size photographs of directors and shareholders

Frequently Asked Questions

How many directors are required to form a Section 8 Company?

A minimum of 2 directors and 2 shareholders.

Do all directors need to be resident Indians?

At least one of the proposed directors must be a resident Indian.

Should a Section 8 Company furnish its assets and liabilities during registration?

Yes, a statement of assets and liabilities must be furnished along with the application.

Is it required to specify the source of income during registration?

Yes — an estimate of future annual income and expenditure, specifying source of income and object of expenditure, must be furnished.

Is it mandatory to register NGOs as Section 8 Companies?

No, NGOs can also register as Trusts or Societies, but Section 8 is preferred for its ease of registration and management.

Register Section-8 Company

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