1) The main object of the company must be to operate for a charitable purpose and among those prescribed in law
2) Minimum 2 members of the company, who shall subscribe to capital on incorporations
3) Minimum 2 directors in the company, one of which must be Indian citizen and resident
4) The registered office of the company must be situated in India
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Commencement Certificate
Auditor Appointment form Filing
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ROC Annual Filing (AOC-4 and MGT-7)
Income tax return filing for 1 year
Overview
What is Section 8 company?
Popularly known as Section 8 company is a company registered with charitable objects such as the promotion of Arts, commerce, science, education, sports, protection of the environment, religion, charity, etc. By promoting it as a not-for-profit organization, the Act does not bar the company from profit creation but rather prohibits distributing profit among members. This says that all the income or profit from any activity of the company must be utilized towards charitable purpose for which it is registered.
The charitable company is registered under Section 8 of the Companies Act, 2013, which provides it special status due to its objects. Compared to other types of companies, Section 8 company enjoys various exemptions and relaxations.
Benefits
Advantages of incorporation of Section 8 Company
Tax and compliance exemptions
Separate legal identity
Limited Liability
No corporate title
Online Registration
Documents required for formation of Charitable Company
Photograph
PAN Card
PAN Card of shareholders and Directors.
Foreign nationals must provide a valid passport.
Identity Proof
Address Proof
Telephone Bill /Electricity Bill/ Latest Bank Account Statement of Shareholders and Directors
Business Address Proof
NOC from owner
Rent Agreement
Statement of Income & Expenditure
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- Fill in our questionnaires that take less than 10 minutes
- Provide basic details & documents required for registration
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Section 8 company registration procedure
THE PROCESS
Day 1
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Day 5 - 8
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Day 14 - 16
Day 17 - 19
Frequently Asked Questions
Section 8 Company Registration
What are the minimum requirements to register a charitable company in India?
To register such company, the promoters have to ensure the following:
What is the minimum capital required?
There is no minimum amount of capital prescribed for the charitable company. The promoters may introduce the amount sufficient to start and run business.
How to reserve the name of company?
The name of the company should be formulated as per the naming guidelines. The application for reservation of name is made in web-form called “RUN” with a maximum of 2 unique names. The registrar may ask to re-submit the application with a different name if the names do not fulfill the requirements.
How to obtain approval of Central Government for non-profit company registration?
The promoters shall apply in e-form INC-12 for said approval from Central Government. The form is accompanied with MoA – AoA of the company, declarations from promoters, estimated statement of income & expenditure for next three years, etc. If the application is approved, the approval letter is issued in form INC-16.
Whether physical presence of the promoters is required while registration?
No. The registration process is completely online, the physical presence of the promoters is not required. All the documents and details can be transmitted through the mail or uploaded on our portal.
Can NRIs/Foreign Nationals be a Director in a Section 8 company?
Yes, an NRI or Foreign National can be a Director in a Section 8 Company after obtaining Director Identification Number. However, at least one Director on the Board of Directors must be an Indian citizen and a resident.
Whether Section 8 company and NGO registrations are same?
The Section 8 company is popularly known as NGO. However, NGOs can be registered as other business structure like trust, society, etc.
Can section 8 or Charitable company declare dividends?
A Section 8 or Charitable Company shall not pay any dividend to its members, but apply the surplus of receipts over payments for the promotion of its objectives.
What is the validity of the registration of Section 8 company?
Once the company is incorporated, it is in existence and active as long as the annual compliances are met with regularly or it is wound-up voluntarily.