section 8 Company Registration Online In India

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How to get a Section 8 Company?

It is very easy and simple to register a Section 8 Company with the below mentioned steps.

Our experts will help you in understanding your NGO structure.

Step 1

Our experts will help you in picking up the right NGO name.

Step 2

Our experts will draft the company MOA and AOA according to the requirements.

Step 3

What is Section 8 Company?

NGO (Non-Government Organization) is an organization that promotes sports, art, education, research, social welfare, religion, charity, protection of the environment, science, and many more. The main objective of NGO Section 8 company is not to earn a profit while doing the operation if in any case, a profit earns from the operation, the profit is not to be shared among owners/members else take advantage of attaining the objects for which an NGO is formed.

An NGO can be registered using three different structures being a
company under:-

Section 8 of the Companies Act, 2013
Trust under India Trusts Act, 1882
Society under Societies Registration Act, 1860

Advantages of Section 8 Company

Tax Benefits -

Section 8 companies are a non-profit organization, so they support the exemption from the provision of income tax. Thecompanies also get many other tax benefits and deductions.

Less Stamp Duty -

A section 8 company has to pay less stamp duty on the MoA and AoA of public or private limited companies which other companies pay.

The ease at transferring ownership/title -

The limited Liability Companies do not have any kind of advantage to transfer their ownership, but the income tax Act, 1961 does not confide Section 8 Companies to transfer their ownership, whereby, enabling the transfer of both movable and immovable interest without any obstacles or restrictions.

Minimum share capital -

Unlike the other limited companies like private, public, or one person, a section 8 company does not require indeed share capital to set up the entity. The members can use the funds directly from their donations and subscriptions.

Separate legal entity -

Section 8 company has a clear legal entity which means the company’s existence is different from its members.

Disadvantages of Section 8 Company

Limited objective -

The central objective of Section 8 companiesis to use the profits and income of the company in the promotion of some specific field only and not for any other causes.

Multiple rules and regulations -

The central Government urges many compliances on Section 8 companies. All the rules and regulations should be included in the Memorandum of Association and Articles of Association.

Zero benefits -

The members of a Section 8 company obtain zero benefits or any perks out of the company. They can afford to repay their pocket expenses that might have occurred during the course.

No distribution of profits -

The members of a Section 8 company can’t share the profits among them. The profits should only be used for the welfare of the company’s objective which goes around the advancement of science, art, sports, commerce, and environmental protection.

Requirements for Private Limited Company	Indian Directors	Foreign Directors
Identity Proof	Aadhar card/Passport / Voter Identity Card / Driving license.	Passport and National Id issued by the Government.
Residential Proof	Bank Statement/Mobile Bill/Telephone Bill/ Electricity Bill	Bank Statement/Mobile Bill/Telephone Bill/ Electricity Bill
Passport	Not Mandatory	Passport is mandatory.
PAN Card	Mandatory	Not Required
Registered Office Proof	Electricity bill/ Gas bill	Electricity bill/ Gas bill

What is the procedure to register a Section 8 Company Incorporation?

Step 1:- Application of DIN & DSC

First and foremost, the partners have to apply for Digital Signature and DIN, DIN refers to the Directors PIN number issued by MCA and a digital signature is an online signature used for signing up. If the directors have all these documents, then move forward by skipping this step.

Step 2:- Approval of the name

There should be three different names for your company that are provided to MCA for selection. The names should be ideally unique and describe the NGO. It is essential for Section 8 company to have words like Association, Forum, Foundation, Chambers, Confederation, Council, ElectoralTrust, in its name.

Step 3:- MOA & AOA Submission

After the approval of the name, we need to draft Memorandum of association and Articles of Associate. Both are filled up with MCA with the subscription statement. Each Subscriber has to sign the memorandum and article of the association who will need to provide his name, description, address, and occupation.

Step 4:- Apply for Incorporation Certificate

To apply for Company Incorporation, Spice+ Form has to be filed and submitted on the MCA portal. It generally takes 3-4 days to form a Private limited company and get an incorporation certificate. This certificate includes a CIN number and it is proof that the company has been incorporated.

Step 5:- Need to apply for TAN, PAN, and Bank Account

Now it’s time to apply for TAN and PAN which are received within 7 working days.

Step 6:- For Current Account Opening

You have to submit Company’s MOA, AOA, Incorporation Certificate, and PAN with a bank to open your company’s current account.

Why choose section 8 company incorporation in India?

Incorporation of Section 8 company is more convenient and easy rather than the other modes of registering an NGO. Some of the benefits of section 8 company incorporation are indexed below:-

Enjoy the less exemption from stamp duty in Sec-8
Well-organized operations and prominent flexibility
No requirement for physical presence as well as no need for a thorough registration process. Moreover, the donors of the company can assist tax deduction
Section 8 companies can be established with or without share capital.
Hence, the funds are brought in the form of donations.
It is easy for shareholders to transfer their shares efficiently.

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Frequently Asked Questions

Q. Can a Section 8 company do microfinance business?

A. No, Section 8 company cannot provide small-scale financial services in the form of credit, loan, or savings. As it is not mentioned in any law but section-8 companies cannot get approval for providing loans and credit.

Q. Is Section 8 Company limited by guarantee?

A. Majority of cases, a Section 8 Company will be a company limited by guarantee not having a share capital. The liability of members-only occurs at the time of winding up of the company.

Q. Are Section 8 Companies exempted from mandatory CSR?

A. According to Section 8(1) (a),(b) and (c) of the Indian Companies Act, 2013, a section 8 company can be settled “ for encouraging science, art, religion, research, social welfare, sports, education, charity, protection of environment or any such other field.” provided the profits.

Q. How many members are required to register a Section-8 company?

A. Minimum 2 members are required who will be the directors and shareholders of the company.

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