The documents required for the online registration of a Section 8 Company include:
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Following are some vital requirements for Section 8 Company Registration: Directors: For Section 8 Company Registration in India, a minimum of 2 Directors is required. Capital Requirement: There is no minimum paid-up capital for the Registration of Section 8 Company. NGOs in India established as a Section 8 company need not use the words Private Limited or Limited in their name. Management Section 8 Company is managed by the BoD (Board of Directors) as per AoA & MoA of the Company, unlike other Trusts that are handled by the Trustees as per the Trust Deed. Regulation under various Acts: Section 8 Company needs to follow the Rules & Regulations prescribed under the Companies Act, 2013. It needs to file returns & maintain Books of Account with ROCs. Section 8 Company can’t make any alterations to the provisions of Memorandum of Association (MoA) & Articles of Association (AoA) without prior consent of the Central Government and it should follow the provisions of the GST Law & Income Tax Act. Charitable Objects: In India, Section 8 Companies are registered with non-profit objectives. The AoA & MoA must mention the purpose for which it is set up. Any profits earned by the Section 8 Company is utilised for the furtherance of its main objectives i.e., charitable purposes in the Company. The profits will not be distributed among its members. DSC and DIN: DSC or Digital Signatures of all the proposed Company’s Directors are necessary for the Registration because the forms for the Registration process are filed online & should be digitally signed. Apart from DSC, you need to apply for DIN for the Directors and the application for allotment of DIN must be filed in Form DIR-3 or along with the SPICe+ Form for the Registration.
There is no requirement of minimum paid-up capital in the case of a Section 8 company incorporation. NGOs established as a Section 8 company need not use the words ‘Limited’ or ‘Private Limited’ in their name.
The documents required for registering a Section 8 Company include: Director Identification Number (DIN) and Digital Signature Certificate (DSC) of the directors. Identity Proof and Address Proof of the directors and subscribers (such as PAN card, passport, voter ID, etc.). Passport-sized photographs of the directors. Memorandum of Association (MoA) and Articles of Association (AoA) drafted according to the company's objectives. Address Proof of the company's registered office (such as utility bill, rent agreement, NOC from the owner). Consent letters from the proposed directors. Declaration by professionals like Chartered Accountants or Company Secretaries (in Form INC-14) and declaration by the subscribers (in Form INC-15). Details of the promoters and the proposed directors. Project Report detailing the work proposed to be undertaken by the company, its financial statements, and sources of income.
Following are the advantages of Section 8 Company Registration in India: Separate Legal Entity: These types of companies in India are considered as a separate legal entity, which means that they can own property, sue or be sued in their name, and enter into contracts. More Trustworthy & Credibility: Due to its non-profit nature, Section 8 Companies are often viewed as more credible & trustworthy than other types of Companies. Nil Stamp Duty: These Companies are exempted from paying stamp duty on their Registration Documents. Minimum Share Capital: These companies don’t have any minimum capital requirement. No Minimum Capital is Required: In India, Section 8 Companies do not have a minimum capital requirement and they can adjust their capital structure as per their growth and give them more flexibility. Exemption to Donors: Tax exemption is only allowed to the donations received by the Section 8 Company under Section 12A & 80G of the Income Tax Act.
Following are some vital requirements for Section 8 Company Registration: Directors: For Section 8 Company Registration in India, a minimum of 2 Directors are required. Capital Requirement: There is no minimum paid-up capital for the Registration of Section 8 Company. NGOs in India established as a Section 8 company need not use the words Private Limited or Limited in their name. Management Section 8 Company is managed by the BoD (Board of Directors) as per AoA & MoA of the Company, unlike other Trusts that are handled by the Trustees as per the Trust Deed. Regulation under various Acts: Section 8 Company needs to follow the Rules & Regulations prescribed under the Companies Act, 2013. It needs to file returns & maintain Books of Account with ROCs. Section 8 Company can’t make any alterations to the provisions of Memorandum of Association (MoA) & Articles of Association (AoA) without prior consent of the Central Government and it should follow the provisions of the GST Law & Income Tax Act. Charitable Objects: In India, Section 8 Companies are registered with non-profit objectives. The AoA & MoA must mention the purpose for which it is set up. Any profits earned by the Section 8 Company is utilised for the furtherance of its main objectives i.e., charitable purposes in the Company. The profits will not be distributed among its members. DSC and DIN: DSC or Digital Signatures of all the proposed Company’s Directors are necessary for the Registration because the forms for the Registration process are filed online & should be digitally signed. Apart from DSC, you need to apply for DIN for the Directors and the application for allotment of DIN must be filed in Form DIR-3 or along with the SPICe+ Form for the Registration.
Following is the eligibility criteria for Section 8 Company Registration in India: At least 1 Director is required and he or she should be a resident of {cityName} At least 1 Director is required and he or she should be a resident of India HUF, an individual is eligible to commence a Section 8 Company in {cityName} HUF, an individual is eligible to commence a Section 8 Company in India The objective of the Company should be one or more of the following – the advancement of science & art, social welfare, promotion of sports/arts, and financial support to lower-income groups The objective of the Company should be one or more of the following – the advancement of science & art, social welfare, promotion of sports/arts, and financial support to lower-income groups 2 or more individuals who will act as Directors/Shareholders should fulfill all the compliance & requirements of the Section 8 Company Registration under the Companies Act 2 or more individuals who will act as Directors/Shareholders should fulfill all the compliance & requirements of the Section 8 Company Registration under the Companies Act Directors, founders, and Members Directors of the Company cannot draw any remuneration in any form of cash or kind Directors, founders, and Members Directors of the Company cannot draw any remuneration in any form of cash or kind No profit should be shared or distributed among the Directors & members of the Company indirectly/directly No profit should be shared or distributed among the Directors & members of the Company indirectly/directly
Following is the eligibility criteria for Section 8 Company Registration in India: At least 1 Director is required and he or she should be a resident of {cityName} At least 1 Director is required and he or she should be a resident of India HUF, an individual is eligible to commence a Section 8 Company in {cityName} HUF, an individual is eligible to commence a Section 8 Company in India The objective of the Company should be one or more of the following – the advancement of science & art, social welfare, promotion of sports/arts, and financial support to lower-income groups The objective of the Company should be one or more of the following – the advancement of science & art, social welfare, promotion of sports/arts, and financial support to lower-income groups 2 or more individuals who will act as Directors/Shareholders should fulfill all the compliance & requirements of the Section 8 Company Registration under the Companies Act 2 or more individuals who will act as Directors/Shareholders should fulfill all the compliance & requirements of the Section 8 Company Registration under the Companies Act Directors, founders, and Members Directors of the Company cannot draw any remuneration in any form of cash or kind Directors, founders, and Members Directors of the Company cannot draw any remuneration in any form of cash or kind No profit should be shared or distributed among the Directors & members of the Company indirectly/directly No profit should be shared or distributed among the Directors & members of the Company indirectly/directly
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Following is the step-by-step procedure for Section 8 Company Registration: Step 1: Obtain DSC & DIN: First, the applicant needs to obtain a Digital Signature Certificate of the proposed Directors. Once they receive DSC, file Form DIR-3 with ROC for obtaining DIN. The identity & address proof should be attached for getting DSC. Once DIR-3 is approved, the Registrar of Companies will allot a DIN to the proposed Directors. Step 2: Filing of INC-12 Application Form: After getting DSC and DIN, the next step is to file Form INC-12 with the Registrar of Companies to apply for a Licence under Section 8 Company along with the attachment of the required documents. Once the form is approved, a Licence under Section 8 Company will be issued in Form INC-16. Step 3: Filing of SPICe+ Form: After getting License under Section 8, you need to file SPICe+ Form with the Registrar of Companies (ROC) for the Registration along with the vital documents. Note: Once the Registrar of Companies is satisfied with the forms submitted, he or she issues a CoI (Certificate of Incorporation) along with a Unique CIN.
The process for registering an NGO online in India generally involves the following steps: Choose the Type of NGO: Decide whether to register as a Society, Trust, or Section 8 Company. Digital Signature Certificate (DSC): Obtain DSCs for the proposed directors/trustees/members. Director Identification Number (DIN): Apply for DIN for the proposed directors (for Section 8 Companies). Name Reservation: Reserve the name of the NGO through the RUN (Reserve Unique Name) service on the MCA portal for Section 8 Companies, or through the respective state portal for Societies and Trusts. Prepare Documents: Prepare necessary documents like MoA, AoA, Trust Deed, or Rules and Regulations. Filing for Registration: For Section 8 Companies: File Form INC-12 along with the necessary documents on the MCA portal. For Societies: File the required documents on the state-specific e-portal for society registration. For Trusts: Though typically done offline, some states provide online facilities for trust registration. Submit and Pay Fees: Submit the application along with the prescribed fees. Verification and Approval: The respective authority reviews the application, and upon approval, issues the registration certificate.
In India, a Section 8 Company functions as an NGO dedicated to advancing various fields such as art, science, education, sports, and charitable activities. Unlike Trusts or Societies, profits generated by Section 8 Companies are reinvested to support their stated objectives rather than being distributed to company members. The registration process for a Section 8 Company falls under the jurisdiction of the Ministry of Corporate Affairs (MCA), distinguishing it from Trusts and Societies, which are governed by State Government Registrars. Opting for Section 8 Company registration through RegisterKaro offers distinct advantages over Trusts and Societies. The Section 8 structure enhances credibility with government departments, stakeholders, and potential donors. At RegisterKaro, our proficient team ensures a seamless registration process for your Section 8 Company. With expertise in documentation, application filing, and efficient incorporation, we alleviate your concerns, making the entire process smooth and effective.