How to Register a Section 8 Company in India?

The registration process for a Section 8 Company involves a few steps:

1. Obtain Digital Signature Certificates (DSC) for the company’s directors.
2. Get Director Identification Numbers (DIN) for the directors.
3. File an application with the Registrar of Companies (ROC).
4. Submit necessary documents such as the Memorandum of Association (MOA) and Articles of Association (AOA).
5. After verification, the ROC will issue a Certificate of Incorporation, confirming that the company is legally registered and can begin its operations.

It’s important to remember that Section 8 Companies cannot use the words “Private Limited” or “Limited” in their names.

Frequently Asked Questions About Section 8 Company Registration

What is a Section 8 Company?

A Section 8 Company is a non-profit company registered under the Companies Act 2013 in India. It aims to promote social causes and charitable work, with all profits used for these purposes.

What Are the Benefits of a Section 8 Company?

• Tax Exemptions: Enjoy tax benefits for non-profit activities.
• Limited Liability: Protects the personal assets of directors and members.
• Separate Legal Identity: A Section 8 company is a distinct legal entity.
• Funding Opportunities: Can receive foreign donations and corporate social responsibility (CSR) funds.

What Is the Minimum Capital Required for a Section 8 Company?

There is no minimum capital requirement for registering a Section 8 Company. However, the company must have enough funds to achieve its objectives.

Can a Section 8 Company Make Profits?

Yes, a Section 8 Company can earn profits. But, unlike other businesses, profits cannot be distributed to members. They must be reinvested into the company to support its social and charitable goals.

How Is a Section 8 Company Different from a Trust or Society?

The main difference between a Section 8 Company and a Trust or Society is their registration process and regulatory framework. A Section 8 Company is registered under the Companies Act, 2013, while a Trust is registered under the Indian Trusts Act, 1882, and a Society under the Societies Registration Act, 1860. Section 8 Companies also have stricter rules and more detailed reporting requirements compared to Trusts and Societies.

Conclusion

Registering a Section 8 Company is a great way to set up a legal non-profit organization in India that focuses on social and charitable causes. The process involves obtaining essential documents, filing with the Registrar of Companies, and ensuring compliance with the Companies Act. By doing so, you can gain the benefits of tax exemptions, limited liability, and the ability to receive funding for your cause.