Home / Section 8 Company Registration

Updated on 22-Nov-2019   07:20 AM GMT | 4 min read

Section 8 Company Registration in India

The section 8 Company is an organization which is registered as non-profit organization and whose main objective is to promote arts, commerce, charity, environment protection, religion, social welfare, research, education, sports and science. The Section 8 Company is not registered for the purpose of profit but it is registered for the purpose of charity. This type of company is same as a society or a trust. The Section 8 Company does not pay dividends to its members or shareholders. Its income or profits are used for promoting the charitable objects only.

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.
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