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Section 8 Company

🔷 Overview A Section 8 Company is a non-profit organization registered under the Companies Act, 2013, for promoting charitable activities such as education, arts, commerce, science, social welfare, environment protection, and research. Unlike other companies, Section 8 Companies do not distribute profits among members; all earnings must be reinvested for charitable purposes. Company Mitra provides a comprehensive Section 8 Company registration service, ensuring compliance with government regulations and smooth incorporation. 🔷 Requirements

Minimum two directors (for a private company) and three directors (for a public company).
At least one director must be an Indian resident.
A unique company name that aligns with its charitable objectives.
No minimum capital requirement, but capital must be used for charitable purposes.
Registered office address for the company.
Digital Signature Certificate (DSC) and Director Identification Number (DIN) for all directors.
A clearly defined charitable objective in the Memorandum of Association (MOA).

🔷 Benefits

Tax Exemptions – Eligible for 80G & 12A registration to enjoy tax benefits.
No Minimum Capital Requirement – Can be started with any amount of capital.
Separate Legal Entity – The company has its own legal identity, independent of its members.
Limited Liability – Directors and members have limited personal liability.
Government & CSR Funding Eligibility – Can receive grants, donations, and CSR funds.
Exemption from Stamp Duty – Section 8 Companies are exempt from stamp duty on incorporation.
Perpetual Existence – The company continues to exist even if members change.

Document Required

PAN Card
Aadhaar Card / Voter ID / Passport / Driving License.
Bank Statement (for Address Proof)
Passport-size photographs
Electricity Bill / Rent Agreement (if rented)
NOC from the owner (if applicable)
Name and Nature of Company
e-mail and Mobile of Individuals

Professional Fees

~~₹50,000.00~~ ₹25,000.00

Additional Cost

Please Visit Incorporation Cost

Process time

⏳ Section 8 Company Registration: Typically takes 30 to 45 working days, depending on document verification and approval.

Steps

⏬ Step 1: Consultation & Name Reservation – Our experts help you select a unique company name and apply for name approval through the RUN (Reserve Unique Name) service on the MCA portal.

⏬ Step 2: Obtain DSC & DIN – We assist in obtaining a Digital Signature Certificate (DSC) and Director Identification Number (DIN) for all directors.

⏬ Step 3: Drafting MOA & AOA – We prepare the Memorandum of Association (MOA) and Articles of Association (AOA), defining the company’s objectives and structure.

⏬ Step 4: Apply for Section 8 License – We file Form INC-12 with the Registrar of Companies (ROC) to obtain a license for Section 8 Company registration.

⏬ Step 5: Incorporation Application Filing – We submit the SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) form along with all documents to the MCA.

⏬ Step 6: Approval & Certificate Issuance – Once approved, the MCA issues the Certificate of Incorporation with a Company Identification Number (CIN).

⏬ Step 7: PAN, TAN & Bank Account Assistance – We assist in applying for the company’s PAN & TAN and guide you in opening a business bank account.

⏬ Step 8: Post-Incorporation Compliance Support – We provide ongoing support for tax exemptions, GST registration (if required), and other compliance needs.

FAQ

👉 Who can register a Section 8 Company?
Any individual or group of individuals can register a Section 8 Company for charitable or non-profit purposes.

👉 What is the minimum number of directors required?

Private Section 8 Company – Minimum 2 directors
Public Section 8 Company – Minimum 3 directors

👉 Does a Section 8 Company require a minimum capital?
No, there is no minimum capital requirement, but all funds must be used for charitable activities.

👉 Can a Section 8 Company accept donations and grants?
Yes, it can receive domestic donations and is eligible for 80G & 12A tax exemptions. For foreign donations, FCRA registration is required.

👉 Can Section 8 Company directors take a salary?
Yes, reasonable remuneration can be paid for professional services, but excessive salaries are not allowed.

👉 Is GST registration mandatory for a Section 8 Company?
GST registration is required only if turnover exceeds the GST threshold limit or for interstate trade.

👉 Can a Section 8 Company be converted into a private limited company?
No, conversion into a private or public company is not permitted under the Companies Act.

👉 Does a Section 8 Company need annual compliance?
Yes, it must file annual financial statements and returns with the MCA and Income Tax Department.

👉 What tax benefits does a Section 8 Company get?
After 80G & 12A registration, the company enjoys income tax exemptions, and donors can claim tax deductions.

👉 Can a Section 8 Company be dissolved?
Yes, but upon dissolution, all assets must be transferred to another Section 8 Company or a government entity.

Compliances

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Penalties

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