Section 8 Company Registration in Dehradun

Promoting non-profit goals including trade, business, the arts, charity, education, religion, environment protection, social welfare, sports research, etc. is the main goal of incorporating a corporation as a Section 8 Company. A Section 8 Company must have at least two directors in order to be incorporated. Additionally, there is no need for a Section 8 Company’s minimum paid-up capital. A non-profit organization in India can be incorporated under Section 8 of the Companies Act, 2013 (Act), as a non-profit company, or under the Registrar of Societies. If this business experiences any gains, it will be used to further its goals rather than going to its shareholders as dividends.
In this article, we are going to discuss Section 8 Company Registration in Dehradun, & the Requirements for Section 8 Company Incorporation.

Short Glimpse

A Section 8 company is one that was formed with the intention of advancing commerce, the arts, sciences, sports, research, education, religion, environmental protection, charitable giving, or any other objective. It is also one that forbids the payment of dividends to its members and intends to use its income and profits to further its objectives. Both a private and public company can be formed as a section-8 company.

Since Section 8 Companies are registered under the “Ministry of Corporate Affairs (MCA)” of the Central Government rather than the State Government rules, they are comparable to Trusts and Societies. Companies and nonprofit organizations recognized centrally have greater trust with funders and stakeholders.

Overview of Section 8 under the Companies Act, 2013

According to Section 8 of the Companies Act, 2013, a company is defined as one that seeks to encourage the arts, sciences, sports, education, environment preservation, social welfare, charity, or other goals of a like kind.

Incentives for non-profit objectives including business, the arts, commerce, education, altruism, environmental protection, sports research, social welfare, etc. are the main argument against creating a Section 8 Company. A Section 8 entity must have two directors in order to be registered. Additionally, obtaining a minimum amount of paid-up capital is not required to establish such a corporation.

Section 8 Company Registration in Dehradun

Dehradun is situated in the Doon Valley in the Himalayan foothills, between the Song river, a tributary of the Ganga, on the east and the Asan river, a tributary of the Yamuna, on the west. The city is known for its beautiful environment and milder climate, and it serves as a gateway to the surrounding region.

The Indian Military Academy, Forest Research Institute, Indira Gandhi National Forest Academy, The Doon School, Welham Boys School, Welham Girls School, Brightlands School, Rashtriya Indian Military College, Uttarakhand Ayurveda University, Wadia Institute of Himalayan Geology, and the Indian Institute of Remote Sensing are all located in Dehradun.

The primary source of income in Dehradun is tourism. The presence of adjacent national parks, high peaks, and historical monuments benefits the city’s economy. Dehradun has a per capita income of around $2,993. (per 2020 figures). It has had rapid economic growth during the previous two decades. Dehradun has seen an increase in commercial and information technology activity, which has been aided by the creation of software technology parks of India (STPI) and SEZs (Special economic zones) around the city.

Agriculture is the most common occupation in Dehradun. Rice and dal with raita, curd, and salad are stapled dishes. Dehradun is famous for its lychees and the cultivation of the world’s best basmati rice.

Also, other charitable function also takes place in Dehradun making it the obvious destination for starting Section 8 Company in Dehradun.

Legal Window can assist you with registering a Section-8 Company by simply following a few simple procedures and can offer you a thorough understanding of this form of company. For Section-8(Foundation) company registration and compliance services, please contact our team at 072407-51000 or admin@legalwindow.in.

Benefits of Section 8 Company Incorporation in India

The following are the major advantages of setting up a Section 8 company in India:

• No Taxes Apply

Section 8 companies that are registered under Section 12AA of the Income Tax Act, 1961 are eligible for the full tax exemption. Since these organizations use their income for philanthropic causes, they are not taxed on them.

• No minimum investment is necessary

Contrary to other businesses like the public limited company, there is no fundamental restriction on section 8 enterprises with regard to the minimum capital need. However, these organizations are free to alter their capital structure in line with the business’s expansion.

• There is no need to Pay stamp duty

In contrast to other businesses like public limited companies or private limited companies, a Section 8 Company is not required to pay stamp duty for registration.

• Distinct legal entity

A Section 8 company enjoys independent legal standing from its member and maintains its own legal identity, exactly like other registered firms. These things are consistent with the idea of eternal existence.

• Higher Credibility

In terms of compliance and legal status, a Section 8 Company is more reliable. These organizations often operate inside a strict legal framework created by the relevant authorities. These organizations adhere to strict compliances after registration, unlike NGOs and trusts.

• No title is necessary

Companies registered under Section 8 are empowered to select the name of their choice throughout the registration procedure. They are not required to include a word like “Section 8” after their name, unlike other registered constructions.

Qualifications for Section 8 Company Incorporation Applications

If an individual or group of individuals has any of the following aims or goals, they are entitled to register as a Section 8 Company. The Central Government must be satisfied that the goals have been accomplished.

• When a company wants to advance trade, science, education, art, sports, research, religion, charity, social welfare, environmental protection, or similar goals;
• When the company plans to use all earnings (if any) or any revenue it receives after incorporation exclusively for the furtherance of such purposes;
• When the company has no intention of paying its shareholders any dividends.

Requirement for Section 8 Company Incorporation

The requirements for forming a Section 8 company are as follows:

• Directors

If the Section 8 company is to be established as a private limited company, a minimum of two directors are needed; if the company is to be incorporated as a Public Limited Company, a minimum of three directors are needed. A Private Limited Company can have a maximum of 200 members, but a public limited company has no such restriction.

• Name and Capital Requirement

When a Section 8 company is incorporated, no minimum paid-up capital is necessary. NGOs formed as Section 8 companies are exempt from the requirement to include “Limited” or “Private Limited” in their name.

• Charity-related Items

Companies under Section 8 are formed with charitable intentions. The non-profit mission or purpose for which it is created must be included in the MOA and AOA. Any earnings made by the section 8 corporation are either reinvested in the business or used to advance the principal goals of the organization, which are charitable causes. Members will not receive a share of the revenues.

• Management

In contrast to other trusts, which are administered by the Trustees in accordance with the Trust Deed, Section 8 companies are managed by the Board of Directors in accordance with the MOA and AOA of the company.

• Rules established by several Acts

The Companies Act’s rules and regulations must be followed by a Section 8 business. It must keep accurate financial records and submit reports to the Registrar of Companies. Without the prior consent of the Central Government, Section 8 Company is not permitted to alter the terms of the MoA or the AoA in any way. Additionally, it must adhere to the terms of the GST Law and the Income Tax Act.

• Get a Director Identification Number by applying (DIN)

For the company’s prospective directors, you must submit an application for a DIN. Form DIR-3 or the SPICe+ form for registration must be used to submit the application for DIN allocation. When submitting the form online through the MCA Portal, you must also upload a scanned copy of the required supporting documentation, including the directors’ identity and address verification and a self-attested copy of their PAN. A practicing professional who can be a chartered accountant, a company secretary, or a cost accountant must certify the form.

Process for Forming a Section-8 Company

The steps for incorporating a Section 8 company are as follows:

• Finish filling out the application: You must first complete the short questionnaire that our knowledgeable staff has given.

• Processing Documents: In order to organize the papers as needed and for processing, we will need them at the second stage in accordance with the questionnaire you filled out.

• DSC application: It is first necessary to produce a DSC (Digital Signature Certificate comprised of E-signatures). Those who are already prepared might omit this stage. It will take one to two days, roughly.

• Availability of Name: The next action is to confirm the name’s availability. The name must be distinctive and distinct from any existing registered entity’s name. It could take at least a day or two.

• Electronic filing for company establishment: Once the name has been authorized, an online application through SPICE+ must be submitted together with the necessary paperwork, which can be retrieved from the list above, and must be submitted to ROC. The major goal of Section-8 Company must be kept in mind when the MOA and AOA are being carefully crafted. Again, this procedure takes two to three days.

• Obtain your Certificate of Incorporation: The Company will finally get a Certificate of Incorporation and Section-8 License by email upon approval, serving as proof that it has been incorporated.

Takeaway

In comparison to trust and society, Section 8 company incorporation offers greater advantages. This sort of firm is more trusted by government agencies, funders, and other stakeholders. In this essay, we will explain how to register as a Section 8 Company as an NGO under the Companies Act, 2013.

If the Section 8 company license violates the Act’s legal requirements, the Central Government will cancel it. The license may be canceled if the company’s goals are being pursued dishonestly or in contravention of the goals for which it was founded.

A company will be subject to a punishment of at least Rs. 10 lacks and up to Rs. 1 crore if it fails to comply with the Act’s requirements. A punishment of at least Rs. 25,000 and up to Rs. 25 lacks, or both shall be imposed on the directors and officials of the firm who violate Act requirements.