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Section 8 Company Registration

    Section 8 Company Registration

    A Section 8 Company is a specific form of the Company which:
    • 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 Company

    Exemptions 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

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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

      A Section 8 company can be registered for many social factors like
      • 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.

      The annual compliances of the section 8 company is very similar to normal companies. The highlights of which are as follows:
      • 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.