A Section 8 Company registration is a legal process in India that establishes a non-profit organization, incorporated under Section 8 of the Companies Act, 2013. It is formed for the promotion of commerce, art, science, education, research, social welfare, religion, charity, or any other object that benefits society. The main objective of a Section 8 Company is not to earn profits but to promote charitable or social causes.
Section 8 Companies are exempted from the minimum paid-up capital requirement and can be registered with a nominal amount of capital. They can raise funds through donations, subscriptions, grants, or contributions from members or the public. The profits earned by a Section 8 Company must be utilized towards the promotion of its objectives, and no dividend is paid to its members.
• Section 8 company is similar to Trusts & Societies. But trusts & societies are registered under state regulations. Section 8 companies have various advantages over trusts & societies in terms of improved recognition & better legal standing, higher credibility in the market, etc.
• A section 8 company works as a limited company but it cannot use the word ‘limited’ in its name.
• In case they don’t fulfill them, the central government may also order them to wind up the company.
• In case the fraud objectives of the Company are proven, legal action will be taken against all officers of the Company.
| Privileges and Exemptions from Government | Many privileges and exemptions are available to section 8 companies under Company Law. |
| Credibility | Section 8 company enjoys more credibility as compared to any other non-profit organization be it a trust or a society due to more stringent regulations regarding functioning paints a more reliable picture. |
| No title to be Suffixed | Unlike Private Limited or Public Limited Company, there is no requirement of suffixing any title like Pvt. Ltd., etc. next to its name. |
| Name options | Section 8 Company can be registered with names containing words like Association, Foundation, Club, Charities, Foundations, Organisation, etc. |
| Transferability | Another advantage of Section 8 Company is that the management can be transferred easily by just altering the composition of the Board of Directors. |
| No minimum capital | Section 8 Companies are exempted from the requirement of Minimum Paid-up capital |
| No stamp Duty | Section 8 Companies are not required to pay any Stamp duty for registration |
| Deduction under section 80G to donors | Donors of the Company are entitled to tax deduction u/s. 80G of the Income Tax Act. |
| Ease of formation | Section 8 company can be formed by two persons only, by complying with the prescribed formalities of the Companies Act. Many privileges and exemptions are provided under Company Law. A registered partnership firm can be a member of its capacity. |
| Limited Liability | The greatest benefit of Section 8 Company is limited liability. If any liability arises then its member is not personally affected; members are only liable for unpaid shares held by them and not more than that. |
| Separate legal entity | This is the most prominent quality of a Section 8 Company.The biggest advantage of a section 8 company is that its identity is distinct from that of its members. A company is a separate person having its rights & Obligations. |
| Greater flexibility | A Section 8 company is required to perform lesser legal formalities as compared to a public company. It enjoys special exemptions and privileges under the company law. |
| Tax benefits | A Section 8 company is not required to publish its accounts or file several documents. Therefore, it is in a better position than a public company to maintain business secrets. |
Step 1:Obtaining DSC & DIN: The first and foremost step to incorporate the Company is to Apply for the DSC and DIN of the director. DSC and DIN are required to fill out the forms of company registration electronically to the Ministry of Corporate Affairs. DSC is obtained from Certifying Agencies. DIN is the Unique Number allotted to the Directors of the company which remains valid for the whole life of the director and is required to become a director of any company. It will take 5-7 days.
Step 2:Company Name Availability: The next step is to apply the Name of the company in Form RUN (maximum 2 names). The most crucial aspect of company registration is the name approval of the company.
Step 3:Drafting of MOA & AOA: After the name of the company is Approved, the Memorandum of Association and Articles of Association of the company are drafted electronically with MCA in Form INC-13.
Step 4: License under Section 8:Legal Suvidha Providers representative will then make an application in Form INC-12 along with the prescribed fee, to the Registrar for a license under section 8.
Step 5: Certificate of incorporation: After filling the Requisite forms for incorporation with the Registrar of Companies along with fees, ROC will issue the License (Certificate of Incorporation) under section 8 and the Company shall enjoy all the privileges and exemptions granted. MCA will usually approve the application for incorporation in 5-7 days, subject to their processing time.
1. ID proof for members
2. Address Proof
3. Passport size Photographs
4. Copy of Rent agreement(If rented property)
5. Electricity/ Water bill (Business Place)
6. Copy of Property papers (If owned property)
7. NOC of Landowner
8. Director’s Directorship details (in other Companies/LLPs, if any)
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