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Section 8 Company
Registration for NGOs
& Non-Profits

India's strongest legal structure for charitable organisations. Get your Section 8 license (INC-12), incorporation, 12A & 80G tax exemptions, and FCRA eligibility โ€” all managed by our CA & CS team. 100% online.

๐Ÿ’š CSR Fund Eligible๐ŸŒ FCRA for Foreign Donations๐Ÿข Strongest NGO Structure๐Ÿ”’ Data Secure

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Overview

What is a Section 8 Company?

A Section 8 Company is a non-profit organisation incorporated under Section 8 of the Companies Act, 2013 for the purpose of promoting charitable, educational, scientific, social, or other objectives of public benefit. It is the Indian equivalent of what is globally known as an NPO (Non-Profit Organisation).

Unlike a regular company, a Section 8 Company cannot distribute profits or dividends to its members or directors. Any income earned must be wholly applied toward the promotion of the company's charitable objectives. In return, it receives significant tax benefits, credibility, and regulatory recognition not available to other NGO structures.

It is governed by the Companies Act, 2013, making it the most structured, transparent, and accountable form of non-profit in India โ€” preferred by major donors, CSR departments, and international funding agencies.

๐Ÿ’ก

Why choose Section 8 over Trust or Society?

If you are serious about building a credible, long-lasting non-profit that can attract CSR funding, large donations, and eventually FCRA registration for foreign contributions โ€” Section 8 Company is unequivocally the best structure. Major donors and CSR departments explicitly prefer Section 8 companies due to MCA's regulatory oversight, mandatory statutory audit, and annual transparency filings.

Who Should Register

Who is Section 8 Company Ideal For?

๐Ÿ’š

NGOs & Charitable Organisations

Existing informal NGOs or trusts seeking the strongest corporate legal structure and CSR credibility.

๐Ÿ—๏ธ

CSR Implementing Agencies

Organisations partnering with corporates to implement their CSR projects โ€” Section 8 is the preferred structure.

๐ŸŽ“

Research & Educational Institutions

Independent research institutes, think-tanks, skill development centres, and educational bodies.

๐ŸŒ

International Grant Recipients

Organisations planning to receive foreign funding who need FCRA registration โ€” Section 8 is the recommended structure.

๐ŸŒฑ

Social Entrepreneurs

Founders building sustainable social impact organisations who want limited liability and institutional credibility.

๐Ÿ”„

Societies & Trusts Upgrading

Existing trusts or societies that have outgrown their structure and need the stronger legal standing of a Section 8 Company.

Pros & Cons

Advantages & Disadvantages

โœ… Advantages

  • ๐Ÿ›ก๏ธ
    Limited Liability โ€” Directors' personal assets fully protected
  • ๐Ÿข
    Separate Legal Entity โ€” Can own property, sign contracts in its own name
  • ๐Ÿ’ฐ
    12A Tax Exemption โ€” Organisation's income fully exempt from income tax
  • ๐ŸŽ
    80G Donor Benefit โ€” Donors get 50% income tax deduction on donations
  • ๐Ÿ’ผ
    CSR Fund Eligible โ€” Receive CSR grants from corporates after 3 years
  • ๐ŸŒ
    FCRA Eligible โ€” Apply for foreign donation licence after 3 years
  • โญ
    Highest Credibility โ€” MCA oversight gives maximum trust to donors & institutions
  • โ™พ๏ธ
    Perpetual Existence โ€” Continues independent of director changes

โš ๏ธ Limitations

  • โฐ
    Longer Registration โ€” 15โ€“25 days due to INC-12 license requirement
  • ๐Ÿ“‹
    Higher Compliance โ€” Annual MCA filings (MGT-7A, AOC-4), statutory audit mandatory
  • ๐Ÿšซ
    No Profit Distribution โ€” Surplus must be reinvested in objectives; no dividends
  • ๐Ÿ“ข
    Public Disclosure โ€” Financials publicly visible on MCA portal
  • ๐Ÿ›๏ธ
    Strict Regulatory Oversight โ€” MCA & Income Tax Department both monitor compliance
  • ๐Ÿ’ฐ
    Higher Setup Cost โ€” More expensive than Trust or Society registration
TaxClue's Process

How TaxClue Registers Your Section 8 Company

Unlike regular companies, a Section 8 Company requires a special INC-12 License from the Regional Director before MCA incorporates it. TaxClue manages the entire process โ€” typically 15โ€“25 working days โ€” completely online.

1

Free Expert Consultation

Our CA/CS assesses your charitable objectives, number of directors, funding sources (donations, CSR, FCRA), and advises on MOA object clause drafting โ€” the most critical factor in INC-12 license approval.

2

Document Collection

Personalised checklist for all 2+ directors โ€” PAN, Aadhaar, address proof, photos, and the registered office address. TaxClue also collects your mission statement and proposed activities to prepare the object clause.

3

DSC & DIN for Directors

Class-3 Digital Signature Certificates and Director Identification Numbers arranged for all proposed directors (minimum 2, at least 1 Indian resident) โ€” required to digitally sign all MCA and INC-12 forms electronically.

4

Name Reservation (RUN Form)

Section 8 company names must include words like Foundation, Association, Forum, Federation, Chambers, Confederation, Council, or Academy. TaxClue screens for MCA availability and trademark conflicts, then files with 2 name options.

5

MOA & AOA Drafting

TaxClue drafts the Memorandum of Association with precise charitable object clauses โ€” correctly worded to satisfy the Regional Director's INC-12 review. Poorly worded objects are the #1 reason for rejection.

6

INC-12 License Application โ˜… The Critical Step

Unique to Section 8 companies. TaxClue files Form INC-12 with the Central Registration Centre (CRC) / Regional Director โ€” including declarations from all directors, MOA/AOA, a statement of proposed activities, and estimated income/expenditure for 3 years. The Regional Director reviews and approves the licence โ€” typically 7โ€“15 working days.

7

SPICe+ Incorporation Filing

Once the INC-12 license is granted, TaxClue immediately files SPICe+ Part B + e-MOA + e-AOA + AGILE-PRO-S for full company incorporation. PAN, TAN, ESIC, and EPFO are simultaneously applied for via the integrated form.

8

COI + 12A/80G Advisory

ROC issues the Certificate of Incorporation. TaxClue then advises on applying for 12A (income tax exemption) and 80G (donor deduction benefit) registrations with the Income Tax Department โ€” the two most important post-incorporation steps for any Section 8 Company.

What You Receive

What You Get with TaxClue

๐Ÿ“œ

Certificate of Incorporation (COI)

MCA-issued COI with your company's CIN โ€” your non-profit's legal birth certificate.

๐Ÿ“‹

Section 8 License (INC-12)

Special licence from the Regional Director to operate as a non-profit under the Companies Act.

๐Ÿชช

Company PAN & TAN

Both issued via AGILE-PRO-S โ€” required for banking, donations, and tax filings.

๐Ÿ“‹

MOA & AOA Documents

Professionally drafted with charitable object clauses โ€” court-admissible constitution documents.

โœ’๏ธ

DSC for All Directors

Class-3 DSCs for all 2+ directors, valid 2 years.

๐Ÿ”ข

DIN for All Directors

Director Identification Numbers confirmed for all directors from MCA.

๐Ÿฅ

ESIC & EPF Registration

Statutory employee registrations via AGILE-PRO-S โ€” needed if you employ staff.

๐ŸŽ

Free 12A/80G Consultation

Bonus: Personalised advice on 12A, 80G, FCRA, and CSR eligibility โ€” free after your COI.

Documents Required

Documents Needed for Registration

For All Directors
๐Ÿชช

PAN Card

Mandatory for all directors โ€” used for DSC and DIN procurement.

๐Ÿ“ฑ

Aadhaar Card

Identity proof linked to active mobile number for OTP verification.

๐Ÿ 

Address Proof

Bank statement or utility bill (max 2 months old) for each director.

๐Ÿ“ท

Passport-size Photo

Recent colour photograph of each director on white background.

โœ‰๏ธ

Email & Mobile

Active email and mobile for MCA portal registrations.

๐Ÿ“

Declaration of Non-Profit Intent

TaxClue prepares this โ€” INC-13/INC-15 forms for the INC-12 application.

For Registered Office
๐Ÿ“

Rent Agreement

Registered rent agreement if using rented premises as the office.

โœ…

NOC from Owner

No Objection Certificate for use as registered office.

๐Ÿ’ก

Utility Bill

Electricity or gas bill of the office premises (max 2 months old).

Post-Registration

Annual Compliance Requirements

Although non-profit in nature, a Section 8 Company must comply with all company law requirements under the Companies Act, 2013 โ€” plus Income Tax obligations. Non-compliance can result in cancellation of the Section 8 licence.

โœ“File INC-20A (Commencement of Business) within 180 days of incorporation
โœ“Appoint First Statutory Auditor within 30 days of incorporation
โœ“Conduct minimum 2 Board Meetings per year (at least 4 ideally)
โœ“Hold Annual General Meeting (AGM) within 6 months of year-end
โœ“File Annual Return โ€” Form MGT-7A (simplified form for Section 8)
โœ“File Financial Statements โ€” Form AOC-4 within 30 days after AGM
โœ“Statutory Audit by a Chartered Accountant โ€” mandatory every year
โœ“File Income Tax Return โ€” ITR-7 annually (non-profit specific form)
โœ“Director KYC โ€” Form DIR-3 KYC by 30th September each year
โœ“Maintain detailed Books of Accounts and records of all donations
โœ“Renewal of 12A & 80G registrations every 5 years as per IT Act
โœ“Apply for FCRA Annual Return (FC-4) if holding FCRA registration
๐Ÿ›ก๏ธ

TaxClue Annual Compliance for Section 8 Companies

Our comprehensive compliance package covers ROC filings (MGT-7A, AOC-4), ITR-7, statutory audit coordination, 12A/80G renewal, and full accounting support โ€” managed by a dedicated CA team specialising in non-profit compliance. Get a custom quote โ†’

Why TaxClue

Why Choose TaxClue for Section 8 Company Registration?

๐Ÿ“‹

Expert MOA Object Clause Drafting

Precisely worded charitable object clauses โ€” the #1 reason for INC-12 rejections. Our legal team gets it right the first time.

๐Ÿ“‹

INC-12 License Specialists

Deep experience navigating the Regional Director's INC-12 approval process โ€” we track, follow up, and respond to queries efficiently.

๐Ÿ’ฐ

12A, 80G & FCRA Advisory

End-to-end support for all post-incorporation tax registrations โ€” from income tax exemptions to foreign donation eligibility.

๐Ÿ’ผ

CSR Fund Readiness

We advise on structuring your non-profit to attract and receive CSR funds from India's large corporates.

๐Ÿ“ฑ

100% Online Process

Directors do not need to visit any government office. All documents collected and certificates delivered digitally.

๐Ÿ‘จโ€๐Ÿ’ผ

Dedicated CA & CS Manager

A Chartered Accountant and Company Secretary assigned to your project from start to finish โ€” one point of contact.

FAQ

Frequently Asked Questions

Section 8: Governed by Companies Act 2013 (MCA). Strongest legal structure, limited liability, eligible for CSR, 12A, 80G, FCRA. Higher compliance but maximum credibility.
Trust: Simple to form (just a Trust Deed), low compliance, no separate legal entity for trustees, lower credibility. Governed by Indian Trusts Act, 1882.
Society: Democratic (members have voting rights), suitable for clubs/associations. Governed by state-specific Societies Registration Act. No limited liability.
The INC-12 License is a special permission from the Regional Director allowing a company to operate as a non-profit under Section 8 of the Companies Act. No other company type requires this. It involves review of your MOA, proposed activities, and 3-year income/expenditure estimates.
Yes. A Section 8 Company can pay reasonable salaries and remuneration to directors and employees. What it cannot do is distribute profits as dividends โ€” surplus must be applied toward charitable objectives.
12A: Makes the organisation's income fully exempt from tax. Apply immediately after incorporation.
80G: Allows donors to claim 50% tax deduction on donations. Apply alongside 12A. Both are processed by the Income Tax Department within 1โ€“3 months.
After 3 years of registration, a Section 8 Company becomes eligible to receive CSR (Corporate Social Responsibility) funds from Indian companies. Companies with net profit above a threshold must spend 2% on CSR activities โ€” Section 8 companies are the most trusted vehicles for this.
Yes โ€” but only after obtaining FCRA (Foreign Contribution Regulation Act) registration from the Ministry of Home Affairs. FCRA can be applied for after 3 years of registration, having a clean track record, and demonstrating genuine charitable activity.
Typically 15โ€“25 working days. The INC-12 licence application itself takes 7โ€“15 working days for Regional Director approval. SPICe+ incorporation filing happens immediately after licence is granted.
Minimum 2 directors (at least 1 Indian resident), a charitable/non-profit objective, a registered office address, and valid ID documents for all directors.
Start Your Non-Profit Journey

Build Your Section 8 Company the Right Way

Join 5,000+ organisations who trust TaxClue for non-profit registration, 12A/80G filing, FCRA guidance, and ongoing compliance. CA & CS assisted, 100% online.

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