Section 8 Company Registration
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How to Register a Section 8 Company in India?
Today, the entire Section 8 company registration process and other regulatory filings are paperless; documents are filed electronically through the MCA website and is processed at the Central Registration Centre (CRC).
Section 8 Company Registration process is completely online. Upon completing all registration formalities, the Registrar of Companies issues a digitally signed Certificate of Incorporation (COI). Electronic certificates issued by the ministry can be verified by all stakeholders on the MCA website itself.
Incorporating a Section 8 Company is a systematic process of collection and submission of details required as per the requirements of the Companies Act 2013 and as per the process defined by the Ministry of Corporate Affairs from time to time. Management of the process requires in-depth knowledge of legal requirements and not to mention, practical experience of the same
Why register a Sec 8 company? and Section 8 of Companies Act 2013
The primary purpose of registering a company as a Section 8 Company is to promote non-profit objectives such as trade, commerce, arts, charity, education, religion, environment protection, social welfare, sports research, etc.
To incorporate a Section 8 Company, a minimum of two directors are required. Also, there is no requirement of minimum paid-up capital in the case of Section 8 Company.
In India, a non-profit organization can be registered under the Registrar of societies or as a Non-profit company under Section 8 of Companies Act 2013.
The profits of this company, if there are any, are applied towards promoting the objectives of the company and not distributed as dividends to its shareholders.
A Section 8 Company is the same as the Section 25 Company under the old Companies Act, 1956. As per the new Companies Act of 2013, Section 25 has now become Section 8.
Section 8 Company Registration Eligibility Criteria
1. An Individual or HUF or limited Company is eligible to start a Section- 8 company registration in India.
2.Two or more person who will act as a shareholder or Director of the company should fulfill all the requirements and compliances of the Section 8 Company registration.
3.At least one of the directors shall be a resident of India. However, a firm may be a member of the company registered under this section.
4.The objective should be the promotion of sports, social welfare, the advancement of science and art, education and financial assistance to lower income groups.
5.The surplus generated must be used for meeting the principal objective of the section 8 company only.
6.Founders, members, and directors of the company cannot draw any remuneration in any form of cash or kind.
7.No profit should be distributed among the members and director of the company directly or indirectly
8.The company should have the clear vision and project plan for the next three years.
Process for Registering a Section 8 Company in India
Prepare DSC and file Name Approval
The very first step for Section 8 company registration is to prepare DSC. Apply for Digital Signature Certificate (DSC) as soon as possible.
Filing of Section 8 Incorporation Forms on MCA Portal
After getting approval from the regional director, we will proceed to file the section 8 company registration application with the requisite documents before ROC.
MoA and AoA file submission
Once you get the License, you need to draft the Memorandum of Association (MoA) and Article of Association (AoA) to file section 8 company registration applications.
PAN, TAN and
You must have your PAN, TAN and bank account ready while going for Section- 8 Company registration in India.
Benefits of Section 8 Company Registration
No minimum capital:There is no minimum capital requirement for a Section 8 Company Registration in India.
Tax Benefits: There are numerous tax benefits under the Section 8 Company Registration in India.
No Stamp Duty: No stamp duty is imposed on the incorporation of Section 8 Company in India as it is against the provision of the payment of stamp duty on the MoA and AoA of the private limited company.
Separate Legal Identity: Section 8 Company registration has a separate legal entity. It acquires a distinct legal identity from its members.
Credibility: Section 8 Company has more credibility than any other form of a charitable organisation. It is under the strict provision of the Companies Act which requires a mandatory audit every year.
Exemption to the donators: Under Section 80G, the exemption is granted to the donators if the section 8 company is registered under section 80G.
Documents Required Section 8 Company registration online?
Scanned copy of PAN Card or Passport (Foreign Nationals & NRIs)
Scanned copy of Voter’s ID/Passport/Driver’s License
Scanned copy of the latest bank statement/telephone or mobile bill/electricity or gas bill
Scanned copy of Notarized rental agreement in English
Scanned copy of No-objection certificate from the property owner
Scanned copy of sale deed/property deed in English
How can we help in Registering your Section 8 Company in India?
The Sec 8 company registration process is completely online, so you don't even have to leave your home to get your entity registered. At RegisterKaro, we complete the entire Section 8 company registration online within 14 days. Our Process-
1. First we obtain the DSC for the proposed Directors of the Section 8 Company.
2. We fill the Spice forms on MCA along with the drafting of MOA and AOA
3. File Declarations is Form INC-14 and Form-INC-15.
4. After we receive your approval, we will file the application with MCA.
5. Receipt of Certificate of Incorporation and other related documents
RegisterKaro Section 8 Company Registration package includes:
DIN and DSC for two Directors
Drafting of MoA & AoA
Form INC-14 and INC-15 Declarations
Registration fees and stamp duty
Company Incorporation Certificate
Company PAN and TAN