Section 8 Company Registration

    • DIN and DSC for two Directors
    • Drafting of MoA & AoA
    • Approval letter from Central Govt.
    • Company Incorporation Certificate
    • Company PAN and TAN
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Section 8 company is created for a non-profit motive and it forbids the payment of dividends. It is incorporated for the promotion of Social Welfare Programs like charity, education etc.

Table of content:

1. Company Registration Section 8 Companies Act, 2013

2. Process of Registration

3. Documents required for section 8 Company Registration

4. Incorporation of section 8, Companies Act 2013

5. Section 8 Company Registration fees

6. Section 8 Company Registration Benefit or Advantages

7. Eligibility Criteria for Section 8 Company Registration

8. Exception to section 8 company registration

9. Companies (Incorporation) Rules,2014

10. Last name attached to the company under Section 8 Company registration

11. FAQs

Company Registration Section 8 Companies Act, 2013

Section 8 company act, 2013 defines a company as one whose objective is to promote fields of Arts, Commerce, Science, Research, Education, Sports, Charity, Social Welfare, Religion, Environment protection, or other similar objectives. Under Section 8, a company can also be registered for non-profit or charitable purposes.

Under section 8, all the companies are named under Association, Foundation, Society, Club, Organisation etc. 

These Companies are registered under the Ministry of Corporate Affairs, Government of India.

The Income of these companies which are registered under Section 8, can not be used for paying out dividends to the company members and has to be for the promotion of its objects. 

Registration Process of Section 8 Company

1. Obtain DSC of first subscribers and the directors which are required for filing incorporation with ROC.

2. File form DIR - 3, once it’s approved DIN is allocated to the proposed director.

3. Draft MoA & AoA. MoA is the charter of the company and defines the scope of its activities.

4. File form RUN for reservation/ availability of company name under section 8 Companies Act, 2013

5. Filing e-forms with Ministry of Corporate Affairs (MCA)

6. Allotment of COI, PAN, TAN

Documents required for Section 8 Company Registration

1. Digital Signature Certificate

2. Memorandum of Association

3. Articles of Association

4. Passport Size Photographs

5. Members’ Id Proof such as Aadhar Card, Passport, Voter Id

6. Details of Director (When the Members Are Other Companies/LLPs)

7. Address Evidence

8. Director Identification Number

Incorporation of section 8 company under the companies act, 2013

File Form INC - 12 for the issuance of a licence under section 8 of the Companies Act,2013 with the following documents attached: 

1. INC-13 Memorandum of Association and Article of Association.

2. INC-15 Declaration by each Subscriber to MOA (On Non- judicial stamp paper of Rs. 100/- and duly notarized). 

3. Estimated statement of Income & Expenditure for Next three years and it should be signed by the proposed Promoters.

4. List of proposed Promoters and Directors of the Company. 

After the approval of Form INC - 12, a licence under Section 8 of the Companies Act, 2013 is issued in Form INC-16.

Form No. INC - 7: Incorporation forms is to be filed on MCA Portals:

Following forms are required to be filed on the issuance of licence:-

1. Memorandum of association. 

2. Articles of Association 

3. Declaration in Form No. INC-8  

4. An affidavit from each of the subscribers to the memorandum in Form No.INC-9

5. Proof of residential address of Subscribers 

6. Specimen Signature in Form No. INC-10 

7. Proof of Identity of Subscribers 

8. NOC in case there is a change in the promoters after name approval. 

9. PAN card (in case of Indian national) 

10. CTC of resolution/ board resolution authorising to subscribe to MOA Optional attachment, if any.

Section 8 Company Registration fees

1. DSC & DIN 3,000/-

2. Company name registration 1,000/-

3. MoA & AoA & Government fees & incorporation fees 6,000 - 8,000/-

4. Notary & Stamps 2,000/-

5. Professional Fees 8,000 - 10,000/- 

Advantages of section 8 company

A registered company increases the authenticity of the business. It helps your business in different ways like-

1. Shield from personal liability and protects from other risks and losses.

2. Attract more customers.

3. Ease at transferring ownership/ title.

4. Tax exemptions to the donors.

5. Increases the potential to grow big and expand.

6. Separate legal identity.

7. Minimum share Capital is not required.

8. Companies are exempt from stamp duty.

Eligibility Criteria for Section 8 Company Registration

1. Minimum two are required to become director of a company. 

2. Number of shareholders shall not exceed 200.

3. There is no set minimum capital. The registration is based on the capital amount.

4. At Least one director should be an Indian Resident.

5. The company name should not be identical to any existing company, and should be unique.

Section 8 companies aim to promote the protection of:

1. Commerce

2. Science

3. Sports

4. Charity

5. Research

6. Education

7. Protection of Environment

8. Social Welfare

9. Religion

Exception to section 8 company registration

1. Appointing Company Secretary is not mandatory.

2. Minimum share capital is not required.

3. Companies under section 8, can appoint more than 15 directors without passing special resolution.

4. There’s no requirement of the Audit Committee.

Companies (Incorporation) Rules,2014

A name applied for shall be deemed to resemble too closely with the existing company if, and only if, after comparing the names applied for with the name of an existing company.

The following matters are to be disregarded while comparing the names:

1. the words like private, PVT & co, corporation, Pvt ltd, IFSC limited, limited, unlimited etc.

2. The plural or singular form of words in one or both names.

3. Use different tenses in one or both names

4. Use of different phonetic spellings including the use of misspelt words of an expression.

5. Addition, deletion, or modification of numerals or expressions denoting numerals in an existing name, unless the numerals represent any brand.

6. Addition of the name of the place to an existing name, which does not contain the name of any place.

Companies registered under Section 8 should end its name with:

1. Confederation

2. Foundation

3. Association

4. Forum

5. Council

6. Chamber

7. Electoral trust 

Why to choose Especia

Especia is committed to provide assistance throughout the process. We tender productive advice at every stage of the process. Choosing Especia makes your work very easy and systematic.

All directors must provide identity and address proof, as well as copy of PAN and passport (in case of foregin national). No-Objection certificate must be submitted by the owner of the registered office premises.

Yes, no such exemption is provided to section 8 companies.

As per Section 2(15) of the Income Tax Act, 1961, unless the context otherwise requires, the term “charitable purpose” includes relief of the poor, education, yoga, medical relief, preservation of environment (including watersheds, forests and wildlife) and preservation of monuments or places or objects of artistic or historic interest, and the advancement of any other object of general public utility.

Yes, an NRI or foregin national can become director of a private limited company. The person must obtain DIN from the Indian ROC .

No, the entire process is done online. Scanned copy of the documents has to be sent via email.

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