


Section 8 Company Registration
Section 8 Company Registration
- Is incorporated for the promotion of commerce, art, science, education, research, sports, charity, social welfare, religion, protection of the environment or any such other object.
- It intends to apply all its profits, income, or other earnings, in promoting these objects
- Pays no dividend or income to its members.
These are limited companies, which are registered under the Companies Act, and will be treated as limited companies without the phrase “limited” being added to their name. They may have been registered either as “private limited or public limited companies”. A Section 8 corporation has the power to operate anywhere in the country. The charitable company is registered under Section 8 of the Companies Act, 2013, which provides its special status due to its objects. Compared to other types of companies, Section 8 Company enjoys various exemptions and relaxations.
Advantages of incorporation of Section 8 CompanyExemptions of tax
With its registration under Section 8 of the Companies Act, it obtains a special status – distinct from other entities. Not only the company enjoys tax exemptions, but also the donors can claim an exemption for the donation made (under Income Tax). Apart from tax exemption, the company is also exempted from the applicability of many compliance-related provisions
Separate legal Identity
It obtains a separate identity apart from its members. Therefore, it can own and hold the assets and liabilities in its own name irrespective of the connection with the members. The change in the members or the directors neither affects its existence or the assets & liabilities or rights & obligations.
Limited liability
A company registered under section 8 ensures limited liability to its members, the liability of the members is limited only to the extent of the capital subscribed and unpaid. The losses and obligations do not create a charge over the personal properties of members or directors
By the 6th amendment rules, dated 7th June 2019, the Ministry of Companies (Incorporation) mandates that the application for the incorporation of a section 8 entity, as well as the application for a license, be submitted using Form 32. (Spice). However, the current Section 8 Company’s licensing process will be continued using form INC-12.
Section 8 Company Registration Process
you need to gather all your legal documents that contain your address, date of birth, registered office, etc.
The legal team at Heyadvisor will be making an application of a name through the RUN (Reserve Unique Name) facility. The criteria for reserving the name is that section 8 company shall include the words Foundation, Forum, Association, Federation, Chamber, Confederation, Council, Electoral Trust, etc.
The Companies (Incorporation) Sixth Amendment Rules, 2019 dispensed with the provision of the previous filing of INC-12 to ease the process of forming Section 8 companies on June 7, 2019. Section 8 will now be formed by reserving its name by Run and then filling out SPICe, or by directly filling out SPICe and receiving a license number at the time of incorporation.
Drafting of MoA, AoA & other required documents and notarization of required documents.
We will file the application (SPICe) on your behalf for the incorporation of your company which shall be accompanied by a linked e-form INC-35 (AGILE). This will cover three important registrations for your business namely: GSTIN (Goods and Services Tax Identification Number), EPFO (Employees Provident Fund Organization), and ESIC (Employee State Insurance Corporation).

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Documents Required for Section 8 Company Registration in India
What do you get
DSC
Digital signature for two directors to digitally sign the documents
AOA
Defines the rules of the business
MOA
Defines the objectives of the business
PAN Number
The PAN number of the company to open a bank account
TAN Number
Tax deduction number for filing tax return
Incorporation Certificate
Certificate of incorporation bearing company registration number and details
License
Section 8 company license number
FAQs for Section 8 Company Registration
- Education
- Poverty
- Disease
- Blood bank
- Environment protection
- Other objects for general public utility.
Yes, segment 8 organizations are more exorbitant than the basic trust enlistment. Area 8 organization require the Central Government endorsement and numerous other extra prerequisites to begin with. Then again, the trust enlistment is done at the neighborhood SDM office, and by and large takes Rs.6000 to enlist. Nonetheless, Section 8 organizations are more true and offers more fulfillment and trust to the overall population.
Yes, to enroll the part 8 organization in India, the focal government endorsement is required. CG endorsement is applied before organization enrollment. At the point when the legislature is fulfilled that enlistment is looking for some genuine stuff and not for charge arranging, at that point they continue and award the enrollment.
- Need to take at least two boards meeting during the year.
- Audit is mandatory
- The annual return is to be filed every year with other e-filing forms like MGT 7, AOC 4.
- Further, every year income tax return is also required to be filed.
- Additional compliances fulfill the registration like 12AA, 80G etc.
Reviewer under segment 8 organization is being selected inside 30 days by the directorate and no Central Government endorsement is required.