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Section 8 Company Registration

Register Section 8 Company with Laudable Legal Solutions. Your dream to serve the nation is our aim to fulfill.

Section 8 Company Registration | Get the License from Central Govt.

Apply for section- 8 company at Laudable with the help of expert CAs/CSs who will take you smoothly through the entire process of Registration. Your dream of serving the nation would fulfill here at one stop.

 

What is One Section 8 Company?

Section 8 Company or a Non-Profit organization (NPO) is a Company established for promoting commerce, art, science, religion, charity or any other useful 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.

A NPO/NGO can be formed for promotion of any useful object like sports, education, research activities etc. The term Non Profit does not mean that the Company cannot generate profit or income, but it essentially means applying the income for further promotion of the object and not for distributing it to the promoters. It means that the Company can earn profits but the promoters cannot be benefited out of those profits.


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Section 8 Company Registration

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Advantages of Section 8 Company


  • Tax Exemption: Company can claim tax benefits under section 12AA & pass on the benefits under section 80G of the Income Tax Act,1961 to its donors.
  • No Minimum Capital Requirement: The requirement of minimum paid up share capital is not applicable in case of Section 8 company; unlike other entities such as public limited, but the capital structure can be altered at any stage as the required for the growth of the company.
  • Zero Stamp Duty: Section 8 Company is exempted for the payment of stamp duty applicable for registration as applicable in case of other structures such as private limited or a public limited company.
  • Separate Legal Entity: A Section 8 Company also holds its own identity like other companies structures, and has its own separate legal standing from its member. A Section 8 Company also has a perpetual existence.
  • Credible: A Section 8 Company has more credibility as compared to any other Non-profit organization structure be it a Trust or Society. As it is a licensed by the central government. It has more stringent regulations such as no change in MOA and AOA can be done at any stage or situation in a Section 8 Company. A section 8 company due its strict compliances as regard to functioning has a more reliable image in comparison to other legal structures.
  • No Requirement to Use Suffix: Unlike the names requirements of the private limited or a public limited company, a section 8 company does not require to use a suffix next to its name.

Disadvantages of Section 8 Company


  • The profits of the companies could only be used for its object fields only i.e., art, commerce, science, sports, environmental protection and fields of such sort and not on anything else.
  • There could be no distribution of its profits to its shareholders or partners unlike in other limited companieswhere all the persons having its share in the company can enjoy such rights.
  • Unlike in the other limited companies, no member related to such companies could be appointed as a remunerating officer.
  • The members could enjoy zero benefits or allowance or any other advantages as such. They could only be reimbursed for their pocket expenses that might have occurred in the course.
  • The main objective of such companies under section 8 is to use its profits in promoting the particular fields only and not for any other purpose.
  • Such a company cannot alter or amend the Memorandum of Association or the articles of association without the prior approval of the central Government.
  • The central government has imposed various conditions which have to be complied with and such regulations and the impositions have to be necessarily included in their Memorandum of Association and Articles of Association or as directed by the central government.
  • Since they come under the definition of a company under section 25 of the Company’s act, so the income derived from the company would be applicable to pay tax. though there are exemptions but that doesn’t mean that they would completely be exempted from being subject to pay tax.

Documents Required



Passport Photo
Copy of PAN Card
Copy of Electricity Bill
Sale Deed (if owned)
Copy of Aadhar Card
Address Proof of Director/Partner (Bank Statement / Mobile / Telephone Bill)
Copy of Rent Agreement
No Objection Certificate

Process For Section 8 Company Registration

Are you interested to register section 8? Our experts are here to guide you at every step of the Section 8 Company registration. Instead of reading through the entire registration process, you can avail our expert service.

Obtain Digital Signature Certificate (DSC)*

1

Obtain DIN

2

Name Availability

3

Form SPICE INC-32

4

Drafting of MOA and AOA

5

PAN and TAN Application.

6

Choose Package

Basic Plan

8,999

  • Drafting & Filing by CA/CS
  • Expert advice by CA/CS
  • MCA processing and CIN
  • RD license
  • Name approval
  • Company PAN & TAN
  • MOA
  • AOA
  • Allotment of 2 DIN
  • Estimated Income & Expenditure Account for the next 3years (mandatory for Sec-8 company registration)
  • Board resolution for Current account

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Standard

19,999

  • Drafting & Filing by CA/CS
  • Expert advice by CA/CS
  • MCA processing and CIN
  • RD license
  • Company PAN & TAN
  • MOA
  • AOA
  • Allotment of 2 DIN
  • Estimated Income & Expenditure Account for the next 3years (mandatory for Sec-8 company registration)
  • Board resolution for Current account
  • Financial statements preparation
  • Annual Report
  • MCA annual return filing
  • DIR-3 Director KYC

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Premium

29,999

  • Register your Section 8 company at Ministry of Corporate Affairs
  • Drafting & Filing by CA/CS
  • Expert advice by CA/CS
  • MCA processing and CIN
  • RD license
  • Company PAN & TAN
  • MOA
  • AOA
  • Allotment of 2 DIN
  • Estimated Income & Expenditure Account for the next 3years (mandatory for Sec-8 company registration)
  • Board resolution for Current account
  • Financial statements preparation
  • Annual Report
  • Board resolution for Current account
  • MCA annual return filing
  • Income tax return filing and DIR-3 Director KYC

Request Callback

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FAQ

  Who can be a director of Section 8 company?
Any person willing to act as an Director of a Section 8 Company, shall hold a valid Director Identification Number (DIN) and shall have fulfilled the criteria laid down for obtaining a DIN.
  How many persons are required to incorporate a Section 8 company?
The minimum requirement to incorporate a Section 8 Company is two persons, who can be Directors as well as Shareholders. In case of an entity, proposing to be shareholder of Section 8, then a person can be nominated by such entity can act as a authorized signatory for all incorporation purposes.
  What is the validity of license granted under Section 12AA & 80G of Income Tax Act,1961 to Section 8 Companies?
80G License granted to the companies before 1st April 2020 have a lifetime validity. However any companies applying for 80G license on or after 1st April, 2020 shall be valid only for a period of 5 years, subject to renewal after a period of 5 years.
  Can a Section 8 company receive contributions from overseas?
Section 8 company can receive contributions from overseas subject Compliance with the provisions mentioned under the Foreign Contribution and Regulation Act, 2010.
  Is it necessary to have a charitable object to register a Section 8 company?
Yes, it is necessary to have a charitable object to be registered as Section 8 company . The purpose shall enable the development of the society, be it in any manner. For e.g. Education, Yoga, upliftment of differently abled person, woman empowerment, cleaning of rivers, etc.
  Can a Sec 8 Company be incorporated both as Public & Private Company?
Sec. 8 company can be incorporated as a Public or Private Company. As per the Companies Act, 2013, it depends on the numbers of responsible people on the board. Private Company: 2 Directors, 2 members Public Company: 3 Directors, 7 members.
  What is the span of the company?
The life span of the company is not dependent on the directors of the company . Even if all the directors of the company exit the company, Company can still continue by merging with the other organisations or Institutions. The validity of the company is perpetual.
  How much capital is required?
There is no such minimum capital criteria for incorporation of a Section 8 Company. However the capital can be increased at anytime in near future .
  Is it mandatory that the name of the Section 8 company shall include words like Foundation, Forum, Association?
Yes, as per Rule 8(7) of the Companies (Incorporation) Rules, 2014 under the Companies Act,2013, the Companies registered as Section 8 companies shall include the words like Forum, foundation Etc.
  Can a company with unlimited liability be registered as Section 8 company?
No. Rule 20(1) of the Companies (Incorporation) Rules, 2014 provides that only a limited company can be registered under this Act . Therefore, a company with unlimited liabilities can’t be registered as a Section 8 Company.
  Is there is any relaxation in Stamp duty payment on issuance of share certificate by a Section 8 Company?
No, there is no specific relaxation on issuance of share certificates, being Stamp Act, as a matter of state and every state has its specific rates of stamp duty. Therefore, stamp duty on issuance of share certificates is applicable to Section 8 Company.