Description

Sec-8 Company Registration

Basic Offer 

₹ 12,500/- (including all)

  • 2 Digital Signature Certificates
  • 2 Director Identification Numbers
  • 1 Name Approval Application under RUN
  • Stamp duty on INR 1 Lakh Authorized Capital
  • Company Incorporation using SPICe
  • MOA & AOA
  • PAN
  • TAN

Combo Offer

₹ 15,000/- (including all)

  • 2 Digital Signature Certificates
  • 2 Director Identification Numbers
  • 1 Name Approval Application under RUN
  • Stamp duty on INR 1 Lakh Authorized Capital
  • Company Incorporation using SPICe
  • MOA & AOA
  • PAN
  • TAN
  • MSME
  • GST Registration
  • First 3 Month GST Return.

Documents Requirements

  • PAN Card

PAN Card of shareholders and Directors.

Foreign nationals must provide a valid passport.

  • Identity Proof

Aadhar card and Voter ID/ Passport/ Driving License of Shareholders and Directors.

  • Director’s Address Proof

Latest Telephone Bill /Electricity Bill/ Bank Account Statement of Shareholders and Directors.

  • Photograph

Latest Passport size photograph of Shareholders and Directors.

  • Business Address Proof

Latest Electricity Bill/ Telephone Bill of the registered office address

  • NOC from owner

No Objection Certificate to be obtained from the owner(s) of registered office.

  • Rent Agreement

Rent Agreement of the registered office should be provided if any.

  • Statement of Income & Expenditure

Estimated Statement of Income & Expenditure for next three years.

Procedure

Day 1 – 2

  • Review of documents and information provided
  • Application for Digital Signature Certificate

Day 3 – 6

  • Checking Name availability
  • Drafting of MoA, AoA & other required documents

Day 7 – 9

  • Name reservation application under SPICe
  • Filing company registration application
  • DIN allotment application

Day 10 – 15

  • Notarization of required documents
  • Application to grant a license in form INC-12
  • License under section 8 in form INC-16
  • Application for PAN and TAN of company
  • Government processing time

Knowledge Portal

What is Sec-8 Company?

The term section 8 company refers to any company within the research, social welfare, sports, charity, art, science, education, religion or environmental protection industries, provided it is functioning as a charitable or a not-for-profit organisation.In other words, the profits earned by the company go towards enhancing their work. A section 8 company is typically regulated by Indian Companies Act, 2013.

While some people do confuse section 8 companies with Trusts, it’s important to understand that even though the two may function in a similar manner, there is a major difference that sets them apart – the company registration of a section 8 company falls under the Ministry of Corporate Affairs, while the company registration of a Trust falls under State Government regulations.

Advantages of Sec-8 Company

1.Tax and compliance exemptions

With its registration under Section 8 of Companies Act, it obtains a special status – distinct from other entities. Not only the company enjoys tax exemptions, but also the donors can claim an exemption for the donation made (under Income Tax). Apart from tax exemption, the company is also exempted from the applicability of many compliance-related provisions.

2.Separate legal identity

Being registered as a company, it obtains a separate identity apart from its members. Therefore, it can own and hold the assets and liabilities in its own name irrespective of the connection with the members. The change in members or the directors neither affects its existence or the assets & liabilities or rights & obligations.

3.Limited Liability

A company registered under Section 8 ensures limited liability to its members. The liability of the members is limited only to the extent of the capital subscribed and unpaid. The losses and obligations do not create a charge over the personal properties of members or directors. This helps the promoters to freely run the non-profit organisations.

4.No corporate title

Although the company enjoys the benefit of the corporate entity, it is not labelled as the corporate entity. The company does not need to add the suffix “Private Limited” or “Limited” after its name. This exemption is provided so that third parties offer their attention to the company’s purpose and not its status assuming it is profit making organisation.

Frequently Asked Questions

1.What is the difference between section 8 company registration in India and Trust registration?

A section 8 company is regulated by the Central government, while a Trust falls under the purview of the state government. Due to this, section 8 companies are considered to be more credible, which makes it easier to attract donors.

2.How many directors does a section 8 company require?

A section 8 company requires a minimum of two directors for company registration in India.

3.How many shareholders does a section 8 company require?

A section 8 company requires a minimum of two shareholders for company registration in India.

4.Whether a ‘One Person Company’ can be transformed into a Section 8 Company?

Yes, one person company may transform itself into a private/ public company, and then regeneration of such private/public organization into Section 8 is reasonable.

5.Is it mandatory that the name of Section 8 company shall prefix the words like Foundation?

Its name must include suffix like Foundation, Forum, Federation, Chambers, Association, Council, etc.

6.What is MOA?

Memorandum of association is the charter of the company and defines the scope of its activities.

7.What is AOA?

An article of association of the company is a document that regulates the internal management of the company.