Corpfilings simplified the process for our NGO registration, and our compliance work has been managed effortlessly. They are the best legal technology..
Happy Customer
CA & Lawyers
Offices
Section 8 company registration generally takes 10 to 14 days, depending on document verification and the availability of required documents.
Unique Name Registration
Documentation
Company Incorporation
Are you looking for an NGO registration or a non-profit organization under the Companies Act, 2013? Well! Section 8 Company Registration can be an excellent choice for you. It is a process of legally establishing a Non-Profit Organization (NPO) that operates with limited liability while working for social causes such as education, arts, commerce, and social welfare. These companies enjoy exemptions, privileges, and special licenses under the Companies Act to support their charitable objectives. It is governed by the Ministry of Corporate Affairs (MCA); on the other hand, an NGO registered as a trust or society is governed by the Registrar of State under the State Government.
Corpfilings eases the process of Section 8 Company Registration by offering complete assistance at every step. Their team helps in drafting the required legal documents, securing digital signatures for electronic filings, and submitting applications to the Registrar of Companies (ROC). They also ensure a smooth approval process, helping organizations obtain their Section 8 license without complications, ensuring full legal compliance.
The eligibility criteria to register Section 8 company are as follows:
At least one director should be a resident of India, or a firm may be a member of the registered company.
Individuals, HUFs & limited companies are eligible for section 8 NGO registration.
The primary objective must be for social welfare, sports promotion, education support, or the upliftment of lower-income groups.
A three-year project plan and vision must be defined for the company.
Two or more persons who will act as Directors or shareholders should fulfil all the compliances and requirements of a Section 8 company registration under the Company Act 2013.
All the profit earned can only be used toward the core objective of the company. However, the surplus can’t be distributed to the stakeholders.
Neither members nor directors can receive profits, either directly or indirectly. Also, the earnings from the company must only serve the purpose of the company.
No remuneration is to be received by the founders, directors, and members. Instead, they must ensure that all the profits go towards the social cause of the NGO.
The members or shareholders must not have any personal financial interest in the company.
A Section 8 company must use the prefix “Foundation”, “Association”, “Society”, “Council”, “Club”, “Charity”, “Institute”, “Organisation”, “Federation”.
Turn your vision into impact, legally incorporate your non-profit organization, get tax exemptions, and build lasting credibility.
With Corpfilings, enjoy a smooth, hassle-free process of Section 8 Company Registration backed by expert support every step of the way.
The list of benefits of section 8 NGO registration is as follows:
A Section 8 company registered under the Companies Act, 2013, enjoy the status of a distinct legal identity separate from its members. The said company can buy property, enter into contracts, sue or be sued separately in its name.
The most significant advantages of Section 8 NGO registration are cover under the Income Tax Act, 1961. They can apply for 12A registration, which exempts their income from taxation provided the income is used for the company’s objectives. Additionally, donations to the Section 8 companies are eligible for tax deductions under Section 80G.
There is no minimum share capital requirement to register Section 8 company unlike company registration in India
There is no requirement to add a word like Private Limited or Limited to the company’s name.
The Section 8 companies are managed by a Board of Directors, ensuring professional governance. This includes precise roles and responsibilities for directors and members, transparent decision making, etc.
Section 8 company registered are one of the top choices for receiving CSR (corporate social responsibilities) funds, international funding, bank loans and credit facilities.
Like any other company, Section 8 company also enjoys a perpetual succession. This means that the company continues to exist even if its directors or members change over time.
Under Section 8 Company’s Act, the liability of its members is limited to the amount they contributed to the company. However, the personal assets of members remain protected in case of financial difficulties faced by the company.
Companies registered under Section 8 have more operational flexibility compared to societies or trusts. They benefit from a structured corporate framework, allowing better governance, decision-making, and financial management while still focusing on charitable objectives.
A Section 8 Company follows a strong corporate governance structure and strict legal compliance, which gives it greater recognition and credibility compared to other non-profit entities.
Dissolving a Section 8 Company is a straightforward process, as clearly outlined in the Companies Act, 2013. Upon dissolution, any remaining assets must be transferred to another Section 8 Company or a similar non-profit organization to ensure continued support for charitable purposes.
The primary act or law that governs the company under section 8 is Companies Act 2013, given below are the list of laws governing section 8 company incorporation in India:
Section 8 of the Companies Act, 2013 allows the formation of companies with charitable objectives such as promoting education, social welfare, religion, art, or science. To establish such a company, one must obtain a license from the Registrar of Companies (ROC). The Section 8 Company Incorporation process is governed by Section 7 of the Act, which involves submitting the Memorandum of Association (MOA) and Articles of Association (AOA). Additionally, Rules 19 and 20 of the Companies (Incorporation) Rules, 2014 lay out the detailed procedures for registration and renewal of Section 8 companies.
The Ministry of Corporate Affairs (MCA) is the central authority responsible for regulating Section 8 company incorporation in India. The MCA, through the ROC, reviews all applications and supporting documents to ensure that the proposed company aligns with its stated charitable objectives before granting the license.
The MCA also holds the authority to revoke the license if the company engages in profit-making or fraudulent activities, or fails to adhere to its nonprofit objectives.
Under the Income Tax Act, 1961, Section 8 companies can apply for 12A registration to obtain income tax exemptions, provided their income is used solely for charitable purposes. Donors contributing to such companies are eligible for tax deductions under Section 80G.
Additionally, as per Section 135 of the Companies Act, businesses can allocate their Corporate Social Responsibility (CSR) funds to Section 8 companies, which are considered tax-deductible expenses. Some services provided by Section 8 companies may also qualify for GST exemptions or deductions under applicable laws.
The legal requirements to register section 8 company are as follows:
The list of documents required for section 8 company registration are as follows:
The step-by-step procedure for Section 8 company registration online is as follows:
First and foremost, the applicant company must obtain a Digital Signature Certificate (DSC) for the proposed directors. This DSC is required while filing documents online with the Ministry of Corporate Affairs (MCA).
The next step is 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 wish to be directors of the company in India.
A unique name must be reserved with the Ministry of Corporate Affairs (MCA) for the proposed company. The chosen name should not be similar to any existing company name. To complete this process, Form INC-1 needs to be filed.
File a form INC-32 along with the Company’s Memorandum of Association (MOA) and Articles of Association (AOA) for Section 8 Company Incorporation.
Once the application for incorporation is approved, next file a Form INC-12 for obtaining the license for Section 8 company.
Lastly, after obtaining a license, the MCA will issue a Certificate of Incorporation in Form INC-16. This certificate confirms the Section 8 company incorporation.
The list of post section 8 company registration compliance requirements is as follows:
The key points about Section 8 NGO registration are as follows:
The key points about Section 8 NGO registration are as follows:
The list of forms required for Section 8 company registration online is as mentioned in the table below:
| Name of the Form | Purpose of the Form |
|---|---|
| SPICE+ | Application form for a Company Incorporation |
| INC 12 | Application form for License |
| INC 13 | Memorandum of Association |
| INC 14 | Declaration from a practicing Chartered Accountant |
| INC 15 | Declaration from each person making application |
| INC 16 | License to incorporate as Section 8 company |
| INC 22 | Situation of Registered Office |
| DIR 2 | Consent of Directors |
| DIR 3 | Application to ROC to get DIN |
| DIR 12 | Appointment of Directors |
The annual compliances for companies registered under Section 8 are as follows:
Corpfilings streamlines the Section 8 Company registration process, ensuring accuracy, compliance, and expert support at every stage. Here’s why organizations rely on us:
A minimum of eight people is required to incorporate a Section 8 company in India.
Anyone above 18 years of age can register a Section 8 company in India. There are no restrictions on citizenship or residency, meaning even Non-Resident Indians (NRIs) can apply.
Yes, a Section 8 company can be registered online through an MCA official portal for company incorporation.
The list of documents required for registering a Section 8 company is Identity proof, PAN and passport for foreign nationals, and NOC of the landlord (if applicable).
The validity of the Section 8 company in India is for lifetime, provided all compliances and regulations are complied regularly as per the relevant laws and regulations.
A foreign company cannot register a Section 8 company under the Companies Act, 2013, as it does not meet the definition under Section 2(42). Entities looking to establish a Section 8 company must understand these eligibility criteria and limitations to avoid legal issues.
When it comes to taxation, Section 8 companies are also treated like any other company, where the profit generated by the company is taxed at a rate of 30%. However, if the Section 8 company is registered under Section 12AA of the Income Tax, then profits are completely exempt from taxation.
Unlike other types of company registration under the Companies Act, 2013, Section 8 companies have no minimum capital requirement. Their primary objective is social welfare and upliftment rather than profit-making.
Section 8 company registered under the Company Act 2013 though has a status of non-profit making company, but at the same time it is formed to serve a public good such as promoting the arts, science or charity.
The list of benefits of a Section 8 company incorporation is as follows:
The main purpose of the company registered under section 8 company is to promote non-profit objectives such as commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment, and any such objective related to the mention objects.
Any Indian national or Hindu undivided family (HUF) can incorporate a Section 8 Company under the Company Act 2013, provided the primary objective is to promote art and science, sports, charitable activities, education, or provide financial assistance to individuals from a lower income category.
The list of laws that are applicable to an NGO is as follows:
The checklist for section 8 company incorporation in India is as follows:
The checklist post section 8 company registration is as follows:
The features of Section 8 company are as follows:
Get in touch with our experts and initiate the process of registration and certification without any hassle.
(+91) 9711678000
(+91) 9711678000
