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Section 8 Company Registration in Gurugram

Register your Section 8 Company with speed, ease and Value Savings

  • We will draft and file your application to MCA
  • You just need to fill a simple 10-minute Questionnaire
  • Simplifying your business journey

Register Now!

What is a Section 8 Company?

Section 8 Company is named after Section 8 of the Companies Act, 2013. The section applies to the incorporation of an association ‘for promoting commerce, religion, art & culture, education, charity, research, science, sports, social welfare, environmental protection or any other charitable objective, provided that any possible earned profits will only be applied for promoting the objectives of the association and no dividend is to pay to its members.

A Section – 8 Company is similar to a Trust or a Society. Section 8 of the Companies Act is very similar to that of Section 25 of the Old Companies Act. It is registered under the Central Government’s Ministry of Corporate Affairs through Section 8 of the Companies Act, 2013 for not-for-profit purposes.

The government provides a license to all the Section 8 Companies along with informing them about the restrictions and conditions. If the association fails to fulfill the prescribed conditions then the Central Government might order then to shut it. In cases of fraudulent objectives, legal actions are taken against all the officers and members of the company.

cor process

Procedure For Section 8 Company Registration

Fill Up Application Form

Complete our Simple
Form

Complete our Simple
Form

You are required to fill in the details in our simple questionnaire and submit documents..

Obtain DSC
DIN for us

Obtain DSC
DPIN for us

We will provide you with DSC and DIN. To proceed further, you need to give your approval.

Executive will Process Application

Verifcation &
Name Approval

Verifcation &
Name Approval

For further procedures, details provided by you will be verified by our experts.

Document
Submission

Document
Submission

We will create all the required documents and file them with ROC on your behalf.

Get Confirmation on Mail

Get Confirmation By
our Team

Get Confirmation By
our Team

Once your company is incorporated, we shall send you all the documents and DSCs.

Package Included

DIN for 2 Partners
Digital Signature For 2 Directors
Name search & approval
Registration Fees & Company Pan Card
MOA/AOA

Steps for Section 8 Company Registration

Step 1 Get Registered with Us

You are required to fill in your details in our simple questionnaire given above. It contains Name, Complete Address, Proposed Names for the Company, Number of Directors and their details, Authorized Capital and Capital Contribution Ratio, etc.


Step 2 Get DIN & DSC

Signed applications are to be filed with the ROC to obtain DIN and DSC. First, apply for DSC of the proposed Directors of the Section 8 Company. Once it is received, Form DIR-3 is to be filed with the ROC for obtaining a DIN. A photograph, attested ID Proof and Address proof of the Director are to be attached to these applications.

Step 3 Name Approval

We search, select and apply for a unique name for the company. Name availability has to be checked in the “Reserve Unique Name” or RUN facility. The name of Section 8 Company shall include Foundation, Forum, Chambers, Confederation, Council, Electoral Trust, etc.
A maximum of 2 names can be proposed at a time, in Form INC-1. If rejected 1 resubmission is allowed. Both times in separate Formats.


Step 4 Apply for License & COI:

We will apply for the Section 8 License with the Central Govt, in Form INC-12. It is to be attached with MoA in Form INC-13. AoA, Declaration of CA/CS/CWA in Form INC-14, Declaration by Directors or Applicant in Form INC-15, Name Approval Letter, and an estimate of future income & expenses for up to 3 years. And apply for the Certificate of Incorporation. COI is proof that the company has been created. It also contains the unique CIN (Company Identification number).


Step 5 Your Section 8 Company is now operative

Once your application is filed you will receive an ARN number. The Incorporation certificate is received within 15-20 days .It is a proof that OPC has been created. The COI also includes your CIN (Company Identification number).


Step 6:Opening of a Company Bank Account

Once all the processes have been completed and your Section 8 Company has been registered, we’ll apply for your TAN and PAN. It is done through Form INC-7, 8, 10, 9, 22, DIR-12, 2 with the ROC, along with the required documents. We’ll get them ready, and will be sent to you immediately.


Benefits of a “Section 8 Company” Registration

The phrase Non-Profit in NPO does not mean that the Company cannot generate profit or income. It just implies that the Company can earn income but the promoters cannot be benefitted out of those profits. , All incomes and profits need to be applied for promoting the object. The income cannot be distributed among the promoters.

Still, certain advantages have been provided for an NGO/NPO u/s 8 of Companies Act 2013. Numerous Tax exemptions have also been provided. Even the donors donating to a Section 8 Company are eligible to claim the Tax Exemption against these donations.

Some advantages are:

    Separate Legal Identity

    Section 8 Company is a distinct legal entity and is separate from it’s members. It has it’s own legal standing apart from its members. And has perpetual existence. As well as organized operations and greater flexibility

    No Minimum Capital Requirement

    There is no requirement of having a minimum capital to be registered as a Section 8 Company in India. And the capital structure may be changed at any stage as per the growth requirements of the Company. It can be formed without share capital also. Later, the necessary funds for carrying the business can be brought in the form of donations and/or subscriptions from members and the general public.

    No Stamp Duty

    Section 8 Company is exempt from the payment of stamp duty on the MoA and AoA as is in the case of either a private or a public limited company. Hence, no stamp duty is imposed on the incorporation of Section 8 Company, which is applicable for registration of other forms of company structures.

    CARO

    Provisions under Companies Auditor’s Report Order or CARO do not apply to this type of Company.

    Tax Benefits

    There are numerous tax benefits for Section 8 Companies in India.

    Name

    Section 8 Company is not required to suffix “Limited or Private Limited “, next to it’s legal name. It can be registered with names that have words like Association, Society, Council, Institute, Academy, Foundation, Club, Charities, Organisation, and Federation.

    Trustworthy

    Section 8 Company has more credibility than all other forms of a charitable organization. Because it comes under the stringent regulations of the Companies Act and requires a mandatory audit annually. Government rules on managing the profits and losses of the company make the company trustworthy. Such as the MOA and AOA cannot be altered at any stage or situation.

    Exemption to the donors

    The donors to the Section 8 Company get tax exemptions u/s 12A and 80G of the Income Tax Act.

Advantages

Numerous Tax exemptions are given to the Section 8 Companies. The donors who are donating to a Section 8 Companies are eligible to claim the Tax Exemption against the donation they’ve made to the association.

The incorporation procedure of a Section 8 Company does not state any minimum capital requirement unlike other such entities such as public limited and alike. The capital structure can be altered at any stage as per the growth requirements of the company.

A Section 8 Company is exempted from the stamp duty payment that is otherwise applicable for registration of other structures such as private limited or a public limited company.

A Section 8 Company has its separate legal identity analogous to other company structures and has it’s own legal standing apart from its members. It has perpetual existence.

Compared to any other Non Profit organization structure such as Trust or a Society, a Section 8 Company has more credibility owning to the license given by the central government. Alongside a Section 8 Company has to follow more stringent regulations such as no change can be undertaken in the MOA and AOA at any stage or situation. There is a more reliable image of a Section 8 Company due to such strict compliances in comparison to other legal structures.

Unlike the name requirement in other company structure, the Section 8 Company does not require a use of a suffix next to its legal name.

Documents Required

For Directors/Shareholders
  • PAN Card of owner
  • Passport size photograph of Directors
  • Copy of Aadhaar Card/ Voter identity card of directors
  • Copy of Rent agreement(If rented property)
  • Electricity/ Water bill (Business Place)
For Registered Office
  • Ownership Proof (House Tax etc.) or Rent Agreement
  • Utility Bill (Gas Bill, Electricity Bill)
  • NOC(from owners – if the premises is rented)

Minimum Requirements for Section 8 Company Registration

  • Minimum of 2 Shareholders
  • Minimum of 2 Directors ( Both Shareholders and DIrectors can be the same people )
  • At least one Director should be an Indian Resident
  • No requirement of the Minimum Capital
  • PAN issued by the Income Tax Department is a mandatory requirement for Indian Nationals
  • Passport is a mandatory requirement for identity proof in case of Foreign Nationals
  • Any one additional Identity Proof – Voter ID/ Aadhar Card/ Driving License/ Passport is required.
  • Anyone Residential Proof i.e. any of the utility bill – Electricity Bill/Bank Statement/Telephone Bill/Mobile Bill
  • Proof of the Registered Office Address:
    In the case of a rented property, a rent Agreement along with the latest rent receipt, a copy of the latest utility bill in the name of the landlord, and a no-objection certificate from the premises’ owner is a compulsory requirement.
    In case the premises are owned by the Director or the Promoter then any documents that prove the owners’ establishment such as a Sale Deed/House Tax Receipt and a No Objection Certificate.

Factors to be Considered in Section 8 Company Name Selection

The Name of Section 8 Company should comply with the following:

  • Short and Simple Name
  • A Meaning and Unique Name
  • It shouldn’t violate any law
  • It shouldn’t use the term “British India”

FAQ

Company formed for the promotion of a social cause be it for “charity, education, industry, sport, etc.” is called a section 8 company. • Income and profits earned by this company should be used for purpose or object to promote the cause for which the company was set up. • No dividend shall be paid to it’s members.

A Section 8 Company is at first to be registered in the same way as a limited company. After the registration procedure, it needs to obtain a license from the Central Government to be registered under this Section. This license is provided on the basis of the Company’s objectives which have been mentioned in “MoA and AoA” and some other criteria. “LegalRaasta” provides services and assistance to help you conveniently get your business registered as a Section 8 Company.

Our fees to register a Section 8 Company start from only Rs.12,999/- Being the lowest fees charged, for the long list of services and consultancy provided. The applicable fee, vary from company to company, depending on the structure and other factors.

The main goal of “LegalRaasta” is to give you a hassle-free experience. Therefore, the process to get your Section 8 Company registeration, has been simplified too. 1. Just get registered with us in the form provided above. By answering a few simple questions. 2. We'll apply for DIN & DSC for the Directors. The application will need their passport-sized photographs, attested ID & Address proof. 3. Based on your requirements and preferences, we'll suggest unique names (not matching any existing ones) for your Company. Once you give us a go-ahead, we'll apply for the name approval. 4. We'll apply for the license under Section 8 from Central Government. Along with that, we will obtain the COI (Certificate of Incorporation). 5. On receipt of the License, we'll apply for and send you the PAN & TAN on receipt.

The below documents are needed for the registration of the Section 8 Company: • DSC & DIN of the Directors. • Director's ID proof and Address proof. • Objectives and projected work of the Company. • Financial statements like assets and liabilities, the proposal for 3-years, etc. • Registered office address documents.

Yes, A Section 8 Company can be converted into a private limited company after taking approval from ROC.

The annual compliances that need to be met by a Section 8 Company are the same as other normal companies which are registered under the Companies Act. 1. Conducting 2 Board Meetings, at least, in a year. 2. Mandatory audit of the Books of Accounts. 3. Annual returns, along with other e-filing forms such as MGT-7, AOC-4, etc. 4. Income tax returns. 5. Additional compliances to fulfill the registration under section 12AA, 80G, of the Income Tax Act, applicable to donations, etc.

No. A promoter of NPOs cannot be employed as a paid employee of the Company.

Foreign donations are allowed only when FCRA (Foreign Contribution Regulation Act 1976) registration has been done. FCRA license can only be applied after 3-years from the date of registration. However, if some really urgent foreign donations are necessary, then you may apply for prior permission from the commissioner.

Yes, a Section 8 Company can invest in another company. This can be done to meet the objectives of it’s formation.

Yes, a section 8 company can form a subsidiary company which plans to make profits.

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