Introduction of Section-8 Company(Not for Profit Organisation)
Section 8 company is incorporated with an object to promote commerce, art, science, sports, research, education, religion, protection of environment, charity or any other object, who intends to apply their income and profits in promoting their objects and prohibits the payment of dividend to its members. Section-8 Company can be incorporated as a Private or Public Company.
Section 8 Companies are similar to a Trust or Society as the Societies and Trusts are registered under the State Government regulations whereas Section 8 Company is registered under the Central Government’s “Ministry of Corporate Affairs (MCA)”. Being recognized centrally Section-8 Companies/NPOs have higher credibility amongst the stakeholders and donors.
Legal Window can help you with the registration of Section-8 Company just by following certain steps and can provide you the deep understanding of this type of entity. You may get in touch with our team on 072407-51000 or email firstname.lastname@example.org for Section-8(Foundation) company registration and Compliance services.
Advantages of Section-8 Company
Documents Required for Incorporation
Note:- In case of NRI or Foreign National documents of Directors and Subscribers must be notarized or Apostilled.
Process of Incorporation of Section - 8 Company
1. Complete the Application Form
You are requested to first fill the simple questionnaire provided by our expert team.
2. Document Processing
At the second step we will be requiring the documents in accordance with the questionnaire filled by you so that we can arrange them as per the requirement and for processing.
3. Application for DSC
First of all DSC (Digital Signature Certificate consisting of the E-signatures) is required to be prepared. This step can be ignored if prepared already. It will approximately take 1-2 days.
4. Name Availability
The next step is to check the name availability. The name should be unique in nature and should not be similar to name of any other entity registered. It may take at least 1-2 days.
5. E-filing for incorporation of a Company
Once the name is approved, an online application is required to be filed through SPICE+ along with the requisite documents as obtained from above the same is to be filed with ROC. The MOA as well as AOA shall be drafted with the cautious care thereby keeping in mind the main objective of Section-8 Company. This process again takes 2-3 days.
6. Get Certificate of Incorporation
Lastly, after the approval a Certificate of Incorporation and Section-8 License will be provided through e-mail which signifies that the Company has been incorporated.
More Insights on Section-8 Company Registration
How to Select the Name of Company
- You can check Company name availability thereby logging into MCA where you need to keep in mind two or three available options along with the activity type. The name of Section-8 Company should have words like Association, Society, Council, Club, Charities, Foundation, Academy, Institute, Organization, and Federation. Our team will assist you in the selection of name of company.
- Also, along with checking the name availability we also need to check the trademark if already registered under the proposed name which makes the online application for registration more powerful. If you want to have a trademark of your word or logo you can get the same through Legal Window by clicking on the below mentioned link Trademark Registration.
Other Key Points
- If the proposed Director is already having the DIN then you can also check whether DIR-3 KYC is completed. You can verify the same with the help of our experts. if the same is not done yet it can be done with help of Legal Window.
- Section-8 Companies can register themselves under Section 12AA in order to claim any tax exemption. Also under 80G, the donor will also be eligible to take exemption while filing his IT Return. The registration under 80G/12AA can be applied for after 3 years of incorporation.
- Section -8 companies are prohibited for payment of any dividend to its Members
- Section-8 Company is not allowed to raise capital through deposits except donations from general public. Foreign Donations are allowed after following the norms and regulations laid under FCRA. In order to take registration under FCRA the company must be 3 years old.
Comparison between Trust, Societies and Section 8 Company
|1.||Governed by||Companies Act, 2013||Indian Trust Act, 1882||Societies Registration Act, 1860|
|2.||Registration Document||The charter documents are MOA and Articles of Association||The main document is the Trust Deed||The Primary instrument for Registration of society its Memorandum of Society.|
|3.||Minimum Requirement||Section-8 Company requires at least two people.||At least two trustees are required.||At least seven members are required to form an society.|
|4.||Revocable/Irrevocable||It can be dissolved in accordance with the provisions of the Companies Act, 2013 and rules made there under||Public Trust are generally irrevocable||Society can be dissolved which shall be approved by at least 3/4 of the Members of the society.|
|5.||Control||It is managed by the Board of Directors and resolutions are passed in accordance with the Companies Act, 2013||Single man may control and prevail in a trust.||Decisions are democratically taken in societies|
|6.||Area of operation||It can operate all over India||It can operate all over India||It can operate in the specific state only.|
|7.||Bank Account Operations||Here, a person can be authorized to operate a Bank Account.||In trust it is controlled by one person mostly trustee||In case of society Bank operations are operated generally by the President and the treasurer.|
|8.||Annual Compliance||Annual Accounts and return of Company are filed with ROC.||There is no requirement of annual filing, but the data has to be provided to the concerned department as per prescribed formats.||Societies are required to file annually with the Registrar of societies, a list of containing name. address and occupation of the managing committee members.|
|Get Started||Know More||Know More|
Register your Section-8 Company ₹ 12,000/- only
FAQs on Section-8 Company
The annual compliances that are required to be met by Section 8 Company are the same as other companies incorporated under the Companies Act, 2013 which are as follows:-
- Conducting 2 Board Meetings, at least, in a year.
- Mandatory audit of the Books of Accounts.
- Annual returns, along with other e-filing forms such as MGT-7, AOC-4, etc.
- Income tax returns.
- Additional compliances that are required to fulfill is the registration u/s12AA, 80G, of the Income Tax Act, applicable to donations, etc.
The section-8 Company receives the License as soon as it is registered by the ROC in MCA and under the Registrars through e-mail.
Yes, they can become a Director post obtaining the Director's Identification Number but one Director needs to be an Indian Citizen and resident.
Yes, Section -8 Company can raise funds from foreign after complying with the guidelines as prescribed by FEMA and FCRA.
Section-8 Company cannot be closed under fast track exit mode. The company closure is a lengthy process and proper procedure of winding up has to be followed in order to close section-8 Company.
Yes. Section 8 Companies can invest in other companies in order to meet the objectives of its formation.
License under Section- 8 defines that the Company is registered and incorporated with the object to promote charity and other social objectives thereby developing the cultural, health values etc.
The Benefits of deduction 80G and Section 12 A can be availed within a period of 3 years from the date of registration and with due compliances of the rules and regulations mentioned in the Act.
No Section-8 is prohibited from declaring dividends to its Members.
Yes, a Section-8 company can make investment in other companies subject to fulfillment of its objectives.
The auditor has to be appointed within 30 days of incorporation of company by passing a board resolution.
Societies, Trust and Section-8 are all forms of NGO formed with the objective of social welfare and charity. The selection of any one of them depends upon the preferences and requirements. The trusts are set up for the endowment of the property and the usage of the property for charitable purposes. Societies are set up with minimum 7 members and have a management committee for taking decisions by way of elections. Societies and trust are regulated by State Authorities and the scope of area of work is the state in which they are formed. Unlike, in Section-8 Companies the sole purpose is social welfare and can work on pan India basis and is centrally recognized by the Ministry.