With the Introduction of concept such as Social welfare and CSR and adjoint benefits with such concept’s community is now driving more toward not-for-profit organizations. Generally known as Non-profit organizations and registered under the Ministry of Corporate Affairs according to Section 8 of Companies Act, 2013 and The Companies (Incorporation) Rules, 2014, Section 8 Company is one of the several forms of business in India for Organizations formed for Charitable Business or social causes.
Non-Profit Organization (NPO) in India can be registered under 3 forms-
Section 8 Company is similar to a Trust or Society but there is an exception that a Section 8 Company is registered under the “Ministry of Corporate Affairs (MCA)” of the Central Government while the Societies and Trusts are registered under the regulations of the State Government. However, Section 8 Company has numerous advantages as compared to Trust or Society and also has better credibility among donors, departments of government, and other stakeholders.
A Section 8 company should:
Step 1: Consent of Directors and Members
Get consent of all the subscribers and Director of the company who are willing to incorporate the company. The person who are becoming the Director of the company (if Individual) can become Member of the company.
Step 2: Check the name Availability
The name of a Section 8 Company must end with the words like Foundation, forum, association, federation, chambers, council, electoral trust. Etc. Rule 8 and 8A of The Companies (Incorporation) Rules, 2014 shall be abided while checking the name of the company. You will need professional expertise to check the name as there are several complexities while doing the same.
The Digital Signature Certificates (DSC) of all the subscribers and Directors of the proposed Company shall be applied and necessary verification should be done by the applicant.
Step 4: Preparation of MOA and AOA
MOA and AOA of Section 8 Company should be prepared in physical copy with MOA having objects such as promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment etc. and shall mention that company will not distribute dividend to its members.
Documents including INC 14, INC 15, MOA, AOA, estimate of the future annual income and expenditure of the company for next three years, etc. need to be prepared which will be filed with the Registrar of Company.
Incorporation Form SPICe PLUS, will be filed with Ministry of Corporate Affairs along with all the attachments.
When Ministry finds that all the documents are correct and complete in all respect, they will issue License in Form INC 16, Certificate of Incorporation, PAN, TAN etc. Ministry will also allot DIN on incorporation if the Directors do not have DIN already.
On getting Approval from Ministry, Section 8 company becomes eligible for registrations such as Section 11, 12 and 80 G of Income Tax Act, 1961, Niti Aayog etc.
We are a technology-driven platform, offering services that cover the legal needs of startups and established businesses. We offer a wide range of services to individuals, such as property agreements and tax filings.
Transparent pricing for all our services, our professional fee, government fee, and GST.