THE PROCEDURE OF SECTION 8 COMPANY REGISTRATION
Updated: Oct 23, 2022
A company is referred a to as Section 8 Company while registered as a Non-Profit Organization (NPO) i.e. while it the has purpose of selling arts, commerce, education, charity, defend it on of environment, sports, science, research, social welfare, religion and intends to apply its profits (if any) or different earnings for selling those targets.
The profits of NPO cannot be used for paying out dividends to the company’s contributors and needs to be for the advertising of charitable targets. Such businesses acquire an incorporation certificates from the principal authorities and are prone to adhere to the regulations distinct through the authorities.
According to the regulations, failure to conform with the duties said through the Central Government might also additionally result in the finishing up of the company at the orders of the authorities. Besides, strict legal movement could be taken in opposition to all of the individuals of the company if the goals laid down through the company proves to be bogus.
Eligibility to Apply for Section 8 Company
An man or woman or an affiliation of individuals are eligible to be registered as Section 8 Company if it holds below-referred to intentions or goals. The goals need to be showed to the delight of the Central Government.
When the company intends to sell science, commerce, education, art, sports, research, religion, charity, social welfare, safety of the surroundings or alike different goals.
When the company holds an purpose to make investments all of the profits (if any) or some other earnings generated after incorporation withinside the advertising of such items only.
When the company does now no longer intend to pay any dividend to its members.
Documents Requirement for the Registration of Section 8 Company
Digital Signature Certificate
Memorandum of Association
Articles of Association
Passport Size Photographs
Members’ Id Proof such as Aadhar Card, Passport, Voter Id
Details of Director (When the Members Are Other Companies/LLPs)
Director Identification Number
Steps to register Section 8 Company.
You will have to create and account and login to MCA website.
2. The above picture shows the Google search for MCA login , click on first link.
3. To log in to the MCA portal you will have to make ID , for this click on register, as you can see that in picture above.
4. Now in above picture you can see the user category, business category are for professionals like for CA or advocate who wants to start their business. Moving further we will have to click on registered user and fill the personal details, including the log in credentials you want to keep for your account on MCA portal. And final click on create my account. After this you will get a confirmation mail on your mentioned email ID.
5. After the successful registration you can click on log in as shown in above picture and log in with your login credentials.
6. Once you log in to the MCA portal , click on MCA service, as you can see that in the above image. Now go and click on Spice+.
7. Now you get to see that there is Two options (as shown in picture). New application and existing application. You will have to click on new application.
8. Now you can see the form Spice+ Part A.
9. In the field type of company select Section 8 company.
10. In class of company select private company.
11. In category of company select company limited by shares. In sub category section choose Non -government company.
12. In main division of industrial activity you will have to select the business activity code. Click on this https://www.registerkaro.in/main-division-of-industrial-activity-code to get you Business Code.
13. Next you will have enter the summary of the main object of your business activity.
14. Now you will have enter the name of the company.
15. Choose file option can be skipped.
16. Now click on auto check.
17. And then click on save. And then submit.
18. They will ask you for name the reservation and proceed for Incorporation. For name reservation there is another Form RUN.
19. The procedure to fill the form RUN is available on https://taxguru.in/corporate-law/limited-liability-partnership-llp-registration-india.html you can click on this and check the procedure(You will get the name approved in 3-4 days).
20. Now click on proceed for Incorporation.
21. You can see in above picture , now they are asking for the shares related information .Fill the details and then click on save and continue.
What is AUTHORISED CAPITAL ?The highest amount of share capital that a company can issue is called share capital, also known as share capital or nominal capital. This amount is agreed upon when the company is established. At the request of the shareholders, this amount can be increased later. This is the maximum amount of the company's capital through the issue of shares. This is the maximum number of shares a company can issue.
What is PAID-UP SHARE CAPITAL ? Paid-up share capital is the amount of capital for which the company has received payment from shareholders. When a company sells its stock, it generates paid-in capital. Paid-up capital is always less than authorized capital because a company cannot issue shares in excess of its authorized capital. The paid up capital can be fully or partially paid up.
What is SUBSCRIBERS SHARE CAPITAL ? Subscribed share capital refers to all capital raised by subscribed shares. Simply put, this is the value of all the shares that investors want to buy in the new issue. Subscribed shares are a certain number of shares that investors promise to buy during an offering, usually through an IPO.
22. As you can see in the image , fill in details of the Registered Company address. Once done Click on save and continue.
23. Now will have to mention directors and subscribers details ( there is no minimum or maximum directors required for section 8 company).
24. As you can see the D point in above picture, is asking for the details of the directors.
25. Click on Add/edit. You will see the page asking for the personal details of the director.
26. Fill in the details appropriately. And click on continue.
27. Same procedure will followed for the second director's details.
28. In the picture they asking for the payment is via electronic(is yes select yes). And then click on prefill.
29. Check the details filled is unto mark and click on save and continue.
30. Now they are asking the information related to PAN/TAN.
31. For searching Area code you of PAN click on https://tin.tin.nsdl.com/pan/servlet/AOSearch
For searching Area code you of TAN click on https://tin.tin.nsdl.com/pan/servlet/AOSearch
32. Now select your source of income and the code of your business by Clicking on this https://www.registerkaro.in/main-division-of-industrial-activity-code . After all this click on save and continue.
33. The picture shows the Part B of the Spice+ form. They are asking you for the attachments of the documents required for the Incorporation of the Company.
34. For every attachment you will have to make pdfs accordingly and get it signed by the respective authorities. 35. Attachment 1 is of Memorandum of association. Now what is MOA? It's a document contaning the objects of the Company. Download the template from Google and fill the details accordingly. Print that document. Get it signed by the professionals (CA or CS ). 36. Once the document is been signed and stamp is put make the pdf of the document and attach the MOA pdf in the required field. 37. You can get the MOA format on https://taxguru.in/company-law/format-memorandum-association-section-8-company-limited-shares.html 38. Next Attachment is Article of Association. Same procedure to be followed as followed in MOA document. 39. Click on https://taxguru.in/company-law/format-article-association-section-8-company-limited-shares.html to get AOA format. 40. Third attachment is of Electricity Bill. The Bill should be latest. 41. In the next attachment you will have to make pdf of the Pan card, Aadhar card and bank statements of all the directors and then attach that pdf . 42. Next attachments again is the ID proof I'd the directors individually. 43. After this you can see the attachment of the form named INC-14, this is the declaration certificate by any professional. Without this certificate you won't be able to incorporate the company.
44. This is how the declaration certificate looks like for any company. 45. Again the next attachment is the declaration form named as INC-15. Declaration is by the directors of the Company. The declaration is for the Memorandum of Association and Article of Association. The signature should not be electronic. You will have to take Print out that certificate, put the signature and then make pdf of it, and attach them accordingly.
46. Above Picture is of the declaration form by the director. 47. Last attachment is of optional attachment which consist of *No objection certificate from the land owner. * DIR-2 form , is a consent letter by all the directors. * Projected income and expenditure account. It's not final or actual but it's just Projected income. * Grounds on which application is made.
48. All these pictures are formats of the above mentioned documents. 49. There are total 9 pdfs which is meant to be attached. All the pdfs should be signed by the professionals accordingly with the appropriate dates. 50. Attach all the pdfs. Click on save and continue. 51. You will have to fill the professionals details. And then click on prescutiny and after this on submit. 52. Now you will have to log in again on the portal. Click on MCA service, and now go for existing application. 53. Select your company and now you can see part A and B of the spice form is done.
54. Next is Agile pro form. Click on agile pro.
55. Agile form is basically for GST No. And EPFSI No. Fill the details and click on save and next.
56. Next you will have to fill details as per the business activities. Click on save and next. 57. On next page you will have to fill the details of the directors.
58. Further you have to attach proof of the authorized signatory. For the proof address you can attach the bank statement.
58. Now you will be seeing the declaration page, fill the details , tick the points, click on prescutiny and then submit it. 59. Now go to the initial page of the website where you can see the forms, download those forms, and also download INC-9 form. 60. Open all the forms and put digital signatures. Then upload them. 61. Now for upload you will have to log out and then log in again on the portal.
62. Once you log in , click on my workspace , you can see upload e-forms in the right. Click on that.
63. Since you have to upload three forms so click on normal forms, then click on linked forms, click on Add more for uploading three forms. 64. Upload all of them in the required sequence. After the upload your SRN will be generated. 65. Now just pay the required govt fees and you will get Incorporation certificate within 5 working days.
Following all the necessary steps as mentioned above, you can register your Section 8 company registration. For further query you contact me on my email address email@example.com .