SECTION 8 COMPANY REGISTRATION
Section 8 Companies are formed for promoting arts, science, commerce, education, charity and similar objects — without the motive of profit. We assist with drafting, licensing and ROC filings to obtain Section 8 status.
SECTION 8 COMPANY REGISTRATION
Overview
Section 8 of the Companies Act, 2013 provides for formation of companies with charitable or not-for-profit objectives — such as promotion of commerce, art, science, education, charity, protection of environment and more. These companies are formed to promote the stated objects and apply profits, if any, towards those objects rather than distributing dividends.
Some important points
- Generally no minimum capital is prescribed, and the company is formed as limited by guarantee or by shares without profit motive.
- The Central Government (or prescribed authority) grants licence under section 8 permitting use of charitable objectives in MOA/AOA.
- Section 8 companies cannot distribute profits to members; all surplus is applied to further objects.
- Strict compliance and record-keeping required; failure to follow objects may lead to licence revocation.
BENEFITS
Advantages of establishing a Section 8 Company
Goodwill & Trust
Builds goodwill for charitable and public initiatives.
International Recognition
Often better recognized for cross-border grants and collaborations.
No Minimum Capital
No prescribed minimum capital requirement for incorporation.
Separate Legal Entity
Company is a separate legal entity with perpetual existence.
Tax Benefits
Eligible for tax benefits and exemptions subject to approvals (e.g., 12A, 80G).
Credibility
More reliable than informal structures; better access to grants & donors.
Documents Required
Scanned copies & information typically submitted with the application
PAN & Aadhaar
PAN & Aadhaar of all subscribers / directors.
Photographs
Passport size photographs of subscribers / directors.
Specimen Signatures
Specimen signature of authorised signatory.
Utility Bill
Utility bill of registered office address (not older than 2 months).
No Objection Certificate
NOC from owner of registered office if property is rented.
Proof of Identity / Residence
Proof of identity & residential address of the subscribers.
Declaration
Declaration as required (format can be provided).
Information Required
Email & phone numbers, main business objects, projected income & expenditure.
Procedure for Section 8 Company Registration
1. Name Reservation & Drafting
Choose and reserve an appropriate name, draft MOA/AOA with Section 8 objectives and prepare necessary declarations and affidavits.
2. Application for Licence
Apply for licence under Section 8 to the Central/Regional authority as required, furnishing MOA/AOA, declarations, and supporting documents.
3. Incorporation & ROC Filings
On licence grant, complete incorporation filings with ROC (SPICe/Forms) and obtain Certificate of Incorporation and licence endorsement.
4. Post-Incorporation Compliance
Maintain statutory registers, file annual returns, and ensure objects & financials are applied as per law. Apply for tax registrations if applicable.
FAQs on Section 8 Company Registration
Please reach us at contact@harshdeepnarula.in if you cannot find an answer to your question.
Subject to applicable laws and foreign contribution regulations, Section 8 companies can receive foreign donations where permitted; additional registrations (eg. FCRA) may be required.
Generally donations are accepted for objects, but proper records and application of funds as per objects and law is necessary.
No — Section 8 companies are not permitted to distribute profits to members; surpluses must be applied to further objects.
They follow company law compliance — annual returns, financial statements, and maintaining records; additional disclosures may be required depending on licence conditions.
The Central Government / Regional authority as prescribed under the Companies Act grants licence under Section 8 after satisfaction of conditions.
Ready to apply for Section 8 status?
We handle licensing, MOA/AOA drafting, ROC filings and post-incorporation compliance — end-to-end support for Section 8 Companies.
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