Section 8 Company Registration

Registering a Section 8 Company in India is ideal for individuals or organizations aiming to promote charitable causes such as education, art, science, culture, and social welfare. Section 8 Companies are not-for-profit entities recognized under the Companies Act, 2013. Apnaa Filing ensures a seamless registration process by providing expert guidance and support throughout the journey, enabling you to focus on your philanthropic goals.

1. Eligibility and Structure

  • Charitable Objective: The primary goal must be to promote charitable, religious, or social welfare activities, without distributing profits to members.
  • Directors: At least two directors are required for registration.
  • Shareholders/Members: Minimum of two members required, with no maximum limit.

2. Unique Company Name

  • Naming Guidelines: The name must align with MCA (Ministry of Corporate Affairs) guidelines, clearly reflecting the charitable purpose.
  • No Use of Profit-Oriented Terms: Names implying profit motives are not permitted.
  • Name Approval: Name availability should be checked on the MCA portal before proceeding with registration.

3. Registered Office Address

  • Valid Address Proof: A registered office address is mandatory, whether it is commercial or residential.
  • Supporting Documents: Utility bills (electricity, water, gas) or rent agreements, along with a No-Objection Certificate (NOC) from the property owner, if applicable.

4. Required Documents for Registration

To register a Section 8 Company, the following documentation is essential:

  • For Directors and Members:
    • PAN Card: Mandatory for all directors/members.
    • Aadhaar Card: Proof of identity and address.
    • Passport (for Foreign Nationals): If any directors or members are foreign nationals.
    • Passport-sized Photographs: Recent photographs of each director/member.
  • For Registered Office:
    • Utility Bills: Must be recent (not older than two months).
    • NOC from Property Owner: Required if the office is rented or leased.
  • Digital Signature Certificate (DSC): All directors must obtain a DSC for digital submissions.
  • Director Identification Number (DIN): Required for all directors, issued during the registration process.

5. Drafting of Company Documents

  • Memorandum of Association (MOA): This document outlines the company’s charitable objectives.
  • Articles of Association (AOA): This document defines the regulations for governance and operations.
  • Declaration for Section 8 Registration: A detailed declaration explaining the non-profit intent of the company.

Step-by-Step Registration Process

  1. Apply for DSC: Obtain Digital Signature Certificates for all directors.
  2. Apply for DIN: Obtain a Director Identification Number (DIN) for the directors.
  3. Name Reservation: Submit the proposed name for approval on the MCA portal, adhering to Section 8 guidelines.
  4. Draft and Submit MOA and AOA: Draft and submit the Memorandum of Association and Articles of Association, reflecting the company’s objectives and governance rules.
  5. File Form INC-12: Submit Form INC-12 to the Registrar of Companies (RoC), seeking a license under Section 8 of the Companies Act.
  6. Filing of SPICe+ Form: Complete the SPICe+ form for company incorporation, DIN allotment, PAN, TAN, and GST registration.
  7. Grant of License: After verification, MCA issues a Section 8 license to the company.
  8. Issue of Certificate of Incorporation: Upon successful review, the company receives its Certificate of Incorporation.

Key Points to Remember

  • Timeframe: Registration typically takes 15-20 business days, depending on document verification and approvals.
  • No Profit Distribution: Profits must be used solely for the company’s objectives.
  • Post-Incorporation Compliance: Regular filings, including annual reports and audits, are mandatory to maintain the license.

Registering as a Section 8 Company enables you to contribute to societal development while benefiting from a legal framework that ensures transparency and accountability.

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