Section 8 Company Registration in Delhi

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What is a Section 8 Company?

A Section 8 Company is a non-profit organization registered under the Companies Act, 2013, to promote charitable activities like education, art, science, sports, social welfare, research, religion, charity, or environmental protection.

It operates with a non-profit motive, where income is used solely for its objectives and not shared as dividends. You can complete the online registration for Section 8 Company in Delhi, making the process faster, convenient, and fully compliant with government regulations.

Key features of Section 8 Companies are:

  • Non-Profit Motive: All income and profits must be used solely for the company's charitable purposes and cannot be distributed to its members.
  • Limited Liability: The liability of the company's members is limited to the unpaid amount of their shares.
  • Perpetual Succession: The company has a perpetual existence, meaning it continues to exist even if its members change.
  • No Minimum Capital: There is no minimum capital requirement to incorporate a Section 8 Company.
  • No Suffix Required: Unlike other companies, a Section 8 Company is not required to add suffixes like "Limited" or "Private Limited" to its name. Instead, it can use words like "Foundation," "Association," "Forum," or "Council."

Its structure ensures credibility, transparency, and compliance, making it ideal for NGOs and non-profits.

Understanding Non-Profit Organizations in India

In India, non-profit organizations can be registered in three primary ways: as a Trust, a Society, or a Section 8 Company. A Section 8 Company is incorporated under the Companies Act, 2013, specifically for promoting charitable objects.

Unlike other companies, its main goal is not to earn profit but to use any income or profits for the advancement of its objectives. These objectives can include promoting commerce, art, science, sports, education, research, social welfare, religion, charity, and environmental protection. You can complete the online registration for Section 8 Company in Delhi to start your non-profit efficiently and legally.

Why Register a Section 8 Company in Delhi?

Registering a Section 8 Company in Delhi offers significant benefits for non-profit initiatives due to its strategic location as India's capital. This legal structure provides a high degree of credibility and access to a vibrant ecosystem of government bodies, donors, and professionals.

Here are the key reasons why establishing a Section 8 Company in Delhi can be highly beneficial:

  • Credibility and Trust: A Section 8 Company is a corporate entity regulated by the Ministry of Corporate Affairs (MCA), which provides a higher level of transparency and legal standing compared to a society or trust. This enhanced credibility is crucial for attracting funds from Corporate Social Responsibility (CSR) programs, government grants, and international donors.
  • Government Support and Initiatives: Delhi's status as the national capital means it is a hub for various ministries and government departments. Registering a non-profit here makes it easier to engage with these agencies and access funding under national schemes.

    For example, organizations can collaborate with the Ministry of Social Justice and Empowerment for welfare projects or apply for grants under NITI Aayog’s NGO Darpan platform.

  • Access to Key Resources: Delhi has a rigid ecosystem of legal, financial, and professional experts. This makes it easier to find reliable chartered accountants, lawyers, and consultants who specialize in non-profit compliance, ensuring smooth and efficient operations.
  • Tax Benefits: A Section 8 Company can apply for tax exemptions under Section 12A of the Income Tax Act, which makes its income non-taxable. Furthermore, donations to the company can be made tax-deductible for donors under Section 80G, encouraging more philanthropic contributions.
  • Addressing Local Needs: Delhi, with its large and diverse population, presents a wide range of social, environmental, and educational challenges. A company with a Section 8 company registration address of the office in Delhi can effectively address local issues like urban poverty and air pollution while establishing a strong local presence.

Eligibility Criteria for Section 8 Company Registration in Delhi

Any individual or an association of people can apply to form a Section 8 Company. A partnership firm can also become a member of a Section 8 Company.

Eligibility CriteriaDetails
Minimum MembersAt least 2 members for a private limited structure and 7 for a public limited structure
DirectorsMinimum 2 directors are required (at least one must be a resident of India)
ObjectiveMust be formed for charitable purposes such as education, art, science, sports, social welfare, research, religion, or environmental protection
Profit UtilizationProfits or income must be used only for promoting the company’s objectives and cannot be distributed as dividends
Capital RequirementNo minimum capital is required to register a Section 8 Company
Name RequirementShould not use “Limited” or “Private Limited” but may use terms like Foundation, Association, Forum, or Council

Documents Required for Section 8 Company Registration in Delhi

The following documents are mandatory to register a Section 8 Company in Delhi and ensure smooth approval from MCA and local authorities as part of the procedure to incorporate a Section 8 Company in Delhi.

Document TypeDocuments Required
Identity ProofPAN Card of all directors and members
Address ProofAadhaar Card, Passport, Voter ID, or Driving License of directors and members
Residential ProofLatest utility bill (electricity, telephone, gas, or bank statement – not older than 2 months)
PhotographsPassport-size photographs of all directors and members
Registered Office ProofRent Agreement (if rented) or Ownership Document (if owned)
Utility Bill of OfficeThe latest electricity bill, water bill, or property tax receipt for the office address
NOC from OwnerNo Objection Certificate from the property owner allowing use of the address
Digital Signature CertificateDigital Signature Certificate (DSC) of all proposed directors for e-filing
Memorandum of Association (MOA)Form INC-13 stating the company’s charitable objectives and non-profit purpose
Articles of Association (AOA)Internal rules and regulations for company governance
Specific Local DocumentsNOC from the property owner and a recent utility bill for the registered office in Delhi
Declaration in Form INC-14From a practicing professional (CA, CS, or CMA) confirming MOA and AOA compliance
Declaration in Form INC-15From each MOA subscriber confirming commitment to charitable objectives
Estimated Income & ExpenditureProjection of income and expenditure for the next three years

How to Register a Section 8 Company in Delhi?

To register a Section 8 Company in Delhi, you must follow a structured process involving several digital and physical steps. This streamlined process is designed for a smooth and efficient incorporation.

Step 1: Obtain a DSC and DIN

Before you can begin the application, all directors must get their official credentials.

  • All directors need a Digital Signature Certificate (DSC) to digitally sign all required e-forms.
  • A unique Director Identification Number (DIN) is required for each proposed director; this is applied for directly within the main incorporation form.

Step 2: Reserve the Company Name

You must choose a unique name that reflects the company's charitable objectives and get it approved by the Ministry of Corporate Affairs (MCA).

  • The name must not be identical or too similar to any existing company or trademark.
  • Names often include words like "Foundation," "Association," or "Council" to signify the non-profit nature.
  • The name is reserved by filing Part A of the SPICe+ Form on the MCA portal.

Step 3: Draft the MoA & AoA

These are the foundational documents of the company, outlining its purpose and rules.

  • The Memorandum of Association (MoA) defines the company's core objectives and scope, and for a Section 8 Company, it must be in Form INC-13.
  • The Articles of Association (AoA) contain the internal rules and regulations for how the company will be managed.
  • Both documents must be drafted meticulously to align with the company's charitable purpose and the Companies Act.

Step 4: Apply for a Section 8 License

This crucial step grants the legal permission to operate as a non-profit company and is an essential part of the procedure to incorporate a Section 8 Company in Delhi.

  • You must file Form INC-12 with the Registrar of Companies (ROC) in Delhi.
  • This form must be accompanied by the drafted MoA, AoA, a three-year financial projection, and a declaration from a professional confirming compliance.
  • Once approved, the ROC will issue a license number, which is a prerequisite for final incorporation.

Step 5: File the Final Incorporation Application

With the license secured, you can now proceed with the complete incorporation process.

  • This is done through the integrated SPICe+ Form, a comprehensive e-form that combines several applications, such as:
    • Name Reservation (Part A)
    • Incorporation of Company (Part B)
    • DIN (Director Identification Number) allotment
    • PAN (Permanent Account Number) application
    • TAN (Tax Deduction and Collection Account Number) application
    • EPFO (Employees’ Provident Fund Organisation) registration
    • ESIC (Employees’ State Insurance Corporation) registration
    • GSTIN (Goods and Services Tax Identification Number) registration
    • Professional Tax (for applicable states)
    • Opening of Bank Account through AGILE-PRO linked form
    • Shop & Establishment Registration (for states where integrated)
    • The form requires you to submit all final documents, including the identity and address proofs of directors, the registered office address proof (utility bill and NOC from the owner in Delhi), and the Section 8 license number.
  • The application also includes requests for the company's PAN and TAN.

Step 6: Obtain the Certificate of Incorporation (CoI)

Once the ROC is satisfied that all documents are in order and all requirements are met, they will issue the final certificate.

Post-Incorporation Compliance Checklist for Section 8 Company in Delhi

Once your Section 8 company in Delhi is registered, it is important to follow the necessary compliances to maintain its non-profit status and avoid penalties. Below is a simplified checklist in table format that highlights the key compliance areas, timelines, and forms:

Compliance AreaRequirementDue Date / FrequencyForm / Documents
Initial Compliances (After Incorporation)
First Board MeetingHold the first board meeting. Directors must disclose interest (MBP-1) and confirm they are not disqualified (DIR-8).Within 30 days of incorporationMinutes of Meeting, MBP-1, DIR-8
Appointment of AuditorAppoint the first statutory auditor.Within 30 days of incorporation (in the first Board Meeting)No e-filing required initially; Form ADT-1 filed within 15 days of AGM
Registered OfficeIf not given at incorporation, provide office details.Within 30 days of incorporationForm INC-22
Commencement of BusinessFile declaration for business start.Within 180 days of incorporationForm INC-20A
Bank AccountOpen a company bank account and deposit subscription money (if any).Within 60 days of incorporationBank documents (COI, MOA, AOA, PAN, etc.)
Registers & BooksMaintain registers (Members, Directors, Loans, Charges, etc.) and accounts.Ongoing from incorporationRegisters, accounting records
Annual Compliances
Board MeetingsHold a minimum of 4 board meetings in a year, with a gap not exceeding 120 days between meetings.Twice a yearMinutes of Meetings
Annual General Meeting (AGM)Hold AGM to approve accounts and the auditor’s reports.Within 6 months of the end of FYNotice & Minutes of AGM
Filing of FinancialsSubmit audited Balance Sheet, P&L, Cash Flow.Within 30 days of AGMForm AOC-4
Filing of Annual ReturnFile annual return with details of directors, members, etc.Within 60 days of AGMForm MGT-7
Income Tax ReturnFile the company’s ITR.By 30th September of the assessment yearApplicable ITR-7 form
DIR-3 KYCAll directors must update KYC.By 30th September every yearDIR-3 KYC (web or e-form)
12AB & 80G ComplianceIf registered, follow Income Tax rules (file donation details). Post the Finance Act 2020, all charitable entities must renew 12AB every 5 years and file Form 10BD annually.As per the IT Act (e.g., yearly for Form 10BD)Forms 10A/10AB, Form 10BD
Event-Based Compliances
Change in DirectorsReport appointment, resignation, or change.Within 30 days of the changeForm DIR-12
Change in MOA/AOAReport changes in Memorandum or Articles.Within 30 days of resolutionForm MGT-14
GST RegistrationApply if turnover exceeds limit (₹20L services / ₹40L goods).When threshold crossedGST REG-01
Foreign Contribution (FCRA)NGOs must be at least 3 years old with a proven track record before applying for FCRA registration, unless seeking prior permission.Annually & event-basedForm FC-4
Beneficial Ownership (SBO)Keep a register of SBOs and report to ROC.As applicableForm BEN-2

Note: Section 8 Companies are generally exempt from filing Form INC-20A, since they do not have share capital in the traditional sense. If incorporated with share capital, Form INC-20A may apply.

Costs of Section 8 Company Registration in Delhi

The Section 8 company registration in Delhi costs can vary slightly depending on the authorized capital of the company. Generally, the main government fees include:

Type of FeeEstimated Cost (INR)
Government Fees (MCA Fees)Rs. 500 – Rs. 8,000
Digital Signature Certificate (DSC) & Director Identification Number (DIN)Rs. 1,000 – Rs. 3,000 per director
Stamp Duty (Tamil Nadu)Usually exempt – Rs. 100 – Rs. 2,500
Notary & MiscellaneousRs. 200 – Rs. 1,000
PAN & TAN ApplicationRs. 150 – Rs. 300
Name Approval (RUN, if separate)Rs. 1,000 (optional)
Certified Copy of COIRs. 100 – Rs. 500
GST Registration (if needed)Rs. 1,000 – Rs. 2,500 (professional fee)
Bank Account SupportRs. 500 – Rs. 1,000
First-Year ComplianceRs. 5,000 – Rs. 10,000

Professional Service Charges for Delhi

Professional fees for a CA or CS to handle the registration process can range from Rs. 10,000 to Rs. 25,000 or more, depending on the services included (e.g., drafting MOA/AOA, applying for DIN/DSC, and filing forms).

Key Differences: Section 8 Company vs. Trust vs. Society in Delhi

Understanding the key differences between a Section 8 Company, Trust, and Society in Delhi will help you choose the right structure for your non-profit.

CriteriaSection 8 CompanyTrustSociety
Governing LawCompanies Act, 2013Indian Trusts Act, 1882 (or state laws)Societies Registration Act, 1860 (or state amendments)
Regulatory AuthorityMinistry of Corporate Affairs (MCA)Sub-Registrar of TrustsRegistrar of Societies
Members RequiredMinimum 2 (Private) or 7 (Public)Minimum 2 trusteesMinimum 7 members
Legal StatusSeparate legal entityNot a separate legal entityNot always a separate legal entity
CredibilityHigh credibility due to strict MCA complianceModerate credibilityModerate credibility
Profit DistributionProfits must be used only for charitable objectivesNot applicable – activities depend on the trust deedNot applicable – activities depend on society’s bylaws
Tax BenefitsEligible for 12A and 80G exemptionsEligible for 12A and 80G exemptionsEligible for 12A and 80G exemptions
Preferred ForNGOs seeking higher transparency, corporate funding, CSR, and international donationsFamily-run charitable activities or small initiativesCommunity-based groups, cultural or welfare associations

Legal Structure and Governance

A Section 8 Company has a formal corporate structure governed by the Companies Act, 2013, and is managed by a Board of Directors.

  • A Trust is governed by a Trust Deed and managed by a Board of Trustees.
  • A Society is managed by a Governing Body and is registered under the Societies Registration Act, 1860.

Compliance Requirements

Section 8 Companies have the most stringent compliance obligations, including:

  • Mandatory annual filings with the Ministry of Corporate Affairs (MCA) ensure high transparency.
  • Trusts and Societies have less stringent compliance requirements, which are often governed by local regulations and their founding documents, but lack the same level of public accountability.

Note: For accurate compliance and guidance, it is recommended to consult an expert.

Connect with RegisterKaro and let our experts handle the legal hassle while you grow your business.


Frequently Asked Questions (FAQs)

How long does it typically take to register a Section 8 Company in Delhi?

The registration process, from name approval to receiving the Certificate of Incorporation, typically takes 15 to 25 working days, provided all documents are in order and there are no government-related delays.

Can a foreign national be a director in a Section 8 Company registered in Delhi?

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What are the annual compliance requirements specific to Delhi for a Section 8 Company?

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Can a Section 8 Company generate profits while operating in Delhi?

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Is there a minimum capital requirement for a Section 8 Company in Delhi?

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What are the specific documents for Section 8 company registration in Delhi?

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How does the "Section 8 Company Registration Address of the Office Hyderabad" affect registration in Delhi?

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How does a Section 8 Company differ from a Trust or Society in Delhi?

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Can a private limited company be converted into a Section 8 Company in Delhi?

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Is physical verification of the registered office required in Delhi for a Section 8 Company?

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What are the tax benefits for donors to a Section 8 Company registered in Delhi?

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Can a Section 8 Company raise funds from foreign sources in Delhi?

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Is it mandatory to have a professional to register a Section 8 Company in Delhi?

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Why Choose RegisterKaro for Section 8 Company Registration in Delhi?

RegisterKaro ensures a smooth, compliant, and hassle-free registration process for your non-profit organization.

  • End-to-End Support: Handles DSC, DIN, MOA, AOA, and the complete registration process. They manage all documentation and submissions, ensuring timely approvals. This allows you to focus entirely on your NGO’s mission.
  • Expert Legal Guidance: Professional advice to ensure full compliance with the Companies Act. Their team reviews all legal documents, reducing the risk of errors or rejections. You receive guidance tailored to your specific non-profit objectives.
  • Transparent Pricing: Clear fees with no hidden costs for complete peace of mind. They provide a detailed cost breakdown upfront. This ensures there are no surprises and you can budget effectively.
  • Compliance Assistance: Help with 12A and 80G registrations for tax exemptions and donor benefits. They guide you through all procedural requirements and documentation. This maximizes your organization’s eligibility for tax benefits.
  • Proven Track Record: Trusted by 500+ Section 8 companies for successful registrations. Their experience ensures smooth processing even in complex cases. Many clients report faster approvals and high satisfaction rates.

Why Choose RegisterKaro for Section 8 Company Registration in Delhi?

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