A Section 8 Company is a kind of non-profit organization. The objective of Section 8 Company is to do charitable activities in the field of art, science, education, and sports. The profits generated by the Section 8 Companies are used for promoting these objectives and are not distributed among the members of the Company.
A Section 8 Company is a kind of company established to promote social activities in various fields, like education, social welfare, environmental protection, arts, sports, and many more. Section 8 Companies are governed by the Companies Act, 2013.
The primary goal of a Section 8 Company registration in India is to encourage charity in various kinds of social activities, trade, arts, commerce, education, charity, environmental protection, sports, research, agriculture and social welfare. You will need a minimum of two directors to register a Section 8 Company. Criteria of minimum paid-up capital is not applied in the registration of Section 8 Companies.
There are various benefits of Section 8 Company registration. Some of them are discussed here:
Tax Exemption: Section 8 companies registered under section 12AA of the Income Tax Act enjoy 100% income tax exemption. It is a significant benefit for Section 8 companies as the profits generated by these companies are non-taxable.
Zero Stamp Duty: You don’t have to pay stamp for Section 8 company registration in India.
No Minimum Capital: You need not to maintain a minimum capital requirement for Section 8 Company registration.
Separate Legal Entity: Section 8 companies have status of distinct legal entities like other companies. It enables these companies to own property, sign contracts, and take legal actions in their name.
Increased Credibility: Non-profit nature of the Section 8 company registration in India enhances their trustworthiness and credibility.
Eligible for Grants: They are eligible to get grants from government and international organizations.
The following documents are needed to complete the registration process for a Section 8 company in India:
By submitting above-mentioned documents, you can easily register a Section 8 Company in India.
You can register Section 8 companies in India in following manner:
Obtain Digital Signature Certificate (DSC)
It is the first step for Section 8 Company registration. You need to secure a Digital Signature Certificate (DSC) for the proposed directors of the Section 8 Company. It is required for the online filing of documents on the website of the Ministry of Corporate Affairs (MCA) for registering a Section 8 company. You need to apply for DSC by filling in Form DIR-3.
Obtain Director Identification Number (DIN)
After obtaining the DSC, you need to apply for a Director Identification Number (DIN) for the proposed directors. The DIN is a unique identification number issued by the MCA to individuals who want to be directors of a company.
Reserve the Name of Company: Now, you require to reserve the name of the proposed Company with the MCA for Section 8 company registration online. Name of the Section 8 Company must be unique. You can reserve the name of the company by filing Form INC-1.
Application for Incorporation
After the company name is approved, then you need to apply for Section 8 Company incorporation in the next step. The application for incorporation of the company is filed in Form INC-32 along with the Memorandum of Association (MOA) and Articles of Association (AOA) for registering a Section 8 company.
Get a License for Section 8 Company
Once the application for incorporation is granted, a license for the Section 8 Company will be issued to you. Form INC-12 should be filed along with the necessary documents for Section 8 company registration online.
Once the Section 8 Company license issued to you, you can carry any kind of social activity via this and enjoy various benefits discussed above.
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Can Section 8 companies make profits?
Yes, Section 8 companies can make profits through various means, like investments, donations, funding, etc. Profits generated by these companies must be used only to promote their charitable objectives.
What is the difference between an NGO and a Section 8 company?
An NGO is an independent organization with the various social objectives, like charity for educational and health, etc. A Section 8 Company is a non-profit organization formed to promote various social objectives in the field of commerce, education, and social welfare.
Can NRIs/Foreign Nationals work as Directors in a Section 8 Company?
Yes, NRIs or any Foreign National can serve as a Director in a Section 8 Company after obtaining a Director Identification Number (DIN).
Who grants the license for a Section 8 company?
The Central government entrusted the responsibility of Section 8 Company registration to the Registrars of Companies in their respective jurisdictions
Can a One Person Company (OPC) be converted into a Section 8 company?
No, as per the Companies Incorporation (Rules), 2014, it prohibits the incorporation or conversion of an OPC into a Section 8 company.