Home / Section 8 Company Registration

Updated on 21 Oct 2020  9.00 AM IST | 4 min read

Section 8 Company Registration in India

Section 8 Company is a registered non-profit organization established for the purpose of charity and not for earning profits. Section 8 company is similar to the society or a trust. Its main objective is to promote fields of arts, commerce, education, research, science, sports, social welfare, charity, environment protection, religion etc. Income or profits earned by Section 8 Company are used for promotion of charitable objects only. It prohibits the declaration of dividends for its members or shareholders.

The societies and trusts are registered under the regulations of the state government but the “ministry of corporate affairs” has the power to register a Section 8 Company. Section 8 Company offers various advantages as compared to societies and trusts. The most important feature of this type of company is that the company name can be incorporated without adding or using the word Private Limited or “Limited” or “section 8”. The central government provides incorporation certificate to all such companies as well as inform them about some restrictions and conditions too. In case, they are not able to fulfill the conditions, govt. may take a step of winding up their company. In case of fraud, a legal action will be taken against all officers of the company.

Documents Required for Section 8 Company Registration in India

  • Passport size photographs of the directors.
  • PAN card of every director
  • Identity proof of every director (Voter ID Card, Driving License, Passport, Aadhar Card)
  • Address proof of every director (any utility bill such as telephone bill, electricity bill, passbook or bank statement)
  • Registered address proof of the company (electricity bill, tax paid receipt, sales deed or any utility bill)
  • Memorandum of association
  • Articles of association
  • Digital signature of directors (If you already have it)
  • Director identification number of directors (If you already have it)
  • No objection certificate (NOC) from the owner of the premises where the registered office of the company is situated
  • Documents should be self-attested and attested by a Gazetted officer, bank manager or a post master.
What Is Included In Our Package?

Eligibility Consultation

Document Preparation

Application Drafting

Government Fees

Procedure for Section 8 Company Registration in India

  1. 1

    DIN/DSC: For section 8 company registration, the first step is to get the Director Identification Number (DIN) and a Digital Signature Certificate (DSC) of all the company directors.

  2. 2Name approval: The name of the company should be unique and not same or similar to the name of any other registered company. The form number INC 1 is to be filed with ROC to the ministry of corporate affairs for the name approval .

    As per rule 8 (7) of the Companies (Incorporation) Rules 2014, the name of the section 8 company can include any of the given word like Electoral Trust, Council, Confederation, Chambers, Federation, Association, Forum and Foundation.

  3. 3Memorandum of Association and Articles of Association: After the name approval, memorandum of association and article of association will be drafted and filed with the RoC including the other documents in the E-Form INC 12. The memorandum of association and articles of association subscription pages will be signed by every subscriber by mentioning his or her name, address, occupation and description in the presence of one witness who will attest the signature.

  4. 4

    Form INC – 12: The applicant needs to file form INC-12 for issue of license under section 8 of the companies act, 2013 including the following documents -

    • Subscription pages of memorandum of association and articles of association signed by the witness and the subscribers.
    • List of the directors and promoters.
    • The estimated budget of the company for the next three years including the income and the expenditure duly signed by the promoters.
    • INC–15 and declaration by each subscriber to memorandum of association on stamp paper of Rs.100
    • Article of association
    • Memorandum of Association (INC-13)

    After the form INC 12 is approved, a license is issued in form INC–16 under section 8 of the companies act, 2013.

  5. 5

    After issuing of license, the following forms are needed to be filed with the ROC on the website of corporate affairs.

  6. 6

    Application for incorporation of the company (Form. No INC – 7) is to be filed along with the following attachments -

    • Articles of association
    • Memorandum of association
    • Declaration in INC – 8
    • Affidavit from each director & subscriber in INC-9 which certifies that they are not guilty of misconduct.
    • Address proof of directors and subscribers
    • Specimen signature in form number INC–10
    • Identity proof of subscribers
    • No objection certificate in case, if there is a change in director after the name approval
    • PAN card
  7. 7

    Application for location of registered office (form number INC – 22) includes the following attachments:

    • NOC from the landlord or the owner
    • Electricity bill (should not be older than 2 months)
    • Ownership proof such as Rent Agreement or Lease Deed.
  8. 8

    Application for appointment of company directors (Form number DIR – 12) includes the following attachments:

    • INC – 9 – Declaration by each subscriber to MOA.
    • Affidavit from the directors for not accepting deposits
    • Consent to work as directors (DIR – 2 Form)

When the RoC is satisfied with incorporation form and the documents, an incorporation certificate is issued by the registrar of companies along with a distinct Company Identification Number (CIN).

Important Features of Section 8 Company

  • Minimum Two Persons: In the case of section 8 company, A minimum of two persons are needed to become the shareholder or director of the company. The total number of shareholders cannot be more than 200.
  • Benefits of Tax: Once registered with the income tax department, the section 8 company is eligible for income tax benefits.
  • Welfare or Social Object: The main objective of the section 8 company is to promote arts, commerce, science, sports, education, social welfare, religion, charity & environment protection.
  • Unique Name: The name of the company should be unique and it must not be same or similar to the name of any existing company or trademark.
  • One resident director: One director of the company must be a resident in India. A person is said to be a resident, if he or she stays in India for at least 182 days in a financial year.
  • Minimum Capital: There is no minimum capital required for the formation of section 8 company however; registration fee is based on the amount of capital.

Benefits of Section 8 Company Registration

How Finacbooks help in Section 8 Company Registration in India?

Finacbooks is a leading Indian portal providing accounting, finance & taxation services to small businesses. We are having more than 10 years of experience in helping individuals providing Section 8 Company registration at a least possible price. We will guide you through the entire process of Section 8 Company registration. To avail the best deals on Section 8 Company registration, kindly call us at 8800221252 or you can also e-mail us at info@finacbooks.com

Section 8 Company Registration FAQ's

Yes, minimum two directors are needed for section 8 company registration.
No. The entire procedure of section 8 company registration is performed online.
No, there is no other payment to be made for incorporation certificate apart from the registration fee.
Yes, it is necessary to have a charitable object registered as a section 8 company.
As such, there is no predefined time period for the section 8 company but it can work for a longer time period.
MEET US

What Clients Say

Customer delight is our main goal and we are very serious about it.


Prakash Verma

Prakash Verma

“Finacbooks.com is a perfect example of a great customer service dealing with the best of accountancy services.“

Prakash Verma Signature


Praveen Chauhan

Praveen Chauhan

“They offered us good quality services in a least possible time at a best Price.“

Praveen Chauhan Signature


Pradeep Kochhar

Pradeep Kochhar

“Finacbooks.com is a trusted network of highly qualified accounting professionals who not only provided us quality accountancy services but also supported us by answering our each & every query on time without any delay. “

Pradeep Kochhar Signature

Informational, useful and resourceful

Blogs

Catch up our trending topics, news etc. in a simple, detailed and most professional way.

How businesses can recover after COVID-19?
19 Oct, 2020

No one ever thought of a pandemic like Covid-19 that not only shaken the world and its economy but also shut down operations all over the... Read More

Section 194IC of Income Tax Act: TDS on Payment under Joint Development
08 Sep, 2020

What is Section 194IC of the Income Tax Act Any person who is paying rent to a land owner (owner of land or building or both) under the... Read More

Section 194IA of Income Tax Act: TDS on Property Purchase of Immovable Property
31 Aug, 2020

Section 194IA of the income tax act As per section 194IA of the income tax act, it is mandatory for a buyer of immovable property (except... Read More

Due Dates

  • GSTR 3B for August 2020 (15 States/UT’s - Chhattisgarh, MP, Gujarat, Daman and Diu, Dadra and Nagar Haveli, Maharashtra, Karnataka, Goa, Lakshadweep, Kerala, TN, Puducherry, Andaman and Nicobar Islands, Telangana and Andhra Pradesh) Oct 1st, 2020
  • GSTR 3B for August 2020 (22 States/UT’s - Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand, Odisha, Jammu and Kashmir, Ladakh, Chandigarh, Delhi) Oct 3rd, 2020
  • GSTR 1 for September 2020 (turnover more than INR. 1.50 Crore) Oct 11th, 2020
  • Monthly GSTR 6 for September 2020 Oct 13th, 2020
  • Monthly GSTR 7 (Summary of Tax Deducted at Source (TDS) and deposited) for September 2020 Oct 10th, 2020
  • Monthly GSTR 8 (Summary of Tax Collected at Source (TCS) and deposited by e-commerce operators) for September 2020 Oct 10th, 2020
  • CMP 08 for July to September 2020 Oct 18th, 2020
  • GSTR 5 (Non-Resident Foreign Taxpayers) Monthly Filing Due Date for September 2020 Oct 20th, 2020
  • GSTR 5A (Non-Resident OIDAR Service Provider) Monthly Filing Due Date for September 2020 Oct 20th, 2020
  • GSTR 3B for September 2020 (Annual Turnover of more than Rs 5 Cr in Previous FY) Oct 20th, 2020
  • GSTR 9 and 9C (Annual Return) FY 2018-19 Oct 31st, 2020
  • GSTR 1 (Quarterly) for July to September (Summary of outward supplies where turnover is upto Rs 1.5 crore) Oct 31st, 2020
  • Annual GSTR 4 for FY 2019-20 Oct 31st, 2020