Section 8 Company Registration in India
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What is a Section 8 Company?
A Section 8 Company is a non-profit entity established with the primary objective of promoting charitable causes like:
- Education, research, and skill development
- Art, culture, sports, and science
- Environment and sustainability
- Health, social welfare, and rural development
- Relief to the poor and underprivileged
Unlike regular companies, a Section 8 Company cannot distribute profits to its members.
Any income or surplus must be reinvested toward achieving its objectives.
👥 Ideal For
- NGOs and Charitable Organizations
- Trusts and Societies seeking corporate status
- CSR (Corporate Social Responsibility) initiatives
- Educational and Research Institutions
- Healthcare and Environmental Projects
- Startup founders or professionals promoting social impact
Advantages & Disadvantages
- Exemption from several taxes under Income Tax Act.
- Can receive CSR funds and foreign contributions (FCRA).
- Strong credibility among donors and institutions.
- Separate legal identity with perpetual existence.
- Limited liability for directors and members.
- Structured governance similar to private companies.
- Lengthy approval process (due to license from RD).
- More compliance compared to a Trust or Society.
- Profits cannot be distributed — only reinvested.
- Public Disclosure
- Strict regulatory oversight by MCA and Income Tax Department.
- Must maintain detailed accounts and annual filings.
How it works
- Expert Consultation
- Name Reservation
- Documentation & Digital Signature (DSC)
- License Application
- Preparation and Submission of Incorporation Forms (Spice+, e-MOA, e-AOA, Agile)
- Company Incorporation
What you get with TaxClue registration
- Certificate of Incorporation (COI)
- Company PAN & TAN
- MOA & AOA (Company Constitution Documents)
- Digital Signatures for Directors
- ESIC and EPF Registration
- DIN for Each Director
- Section 8 License (INC-12) Approval
- Free Consultation on 12A/80G Registration
Why register a Section 8 Company?
Registering a Section 8 Company ensures your non-profit work operates under a recognized legal framework, enhancing your reach, credibility, and trust among donors, partners, and government bodies.
- Legal Recognition: Registered under the Companies Act, 2013.
- Limited Liability: Directors’ personal assets remain protected.
- Separate Legal Entity: Operates independently of founders.
- Tax Benefits: Eligible for 12A & 80G exemptions under the Income Tax Act.
- CSR Eligibility: Corporates can fund your projects under CSR provisions.
- Transparency & Credibility: More trust from donors and institutions.
- Perpetual Succession: Continues to exist even if members change.
- Global Recognition: Eligible to apply for FCRA Registration for foreign donations.
Documents Required
Aadhaar Card
Rent Agreement or Property Proof
PAN Card
No Objection Certificate (NOC) from Owner
Proof of Address (Bank Statement / Utility Bill)
Passport-size Photo
Post-Registration Compliances
Once registered, every Private Limited Company must follow basic annual compliances like:
- Apply for 12A & 80G Registration (for income tax exemption).
- Open a Current Bank Account
- Deposit Initial Capital (Paid-up Capital)
- Appoint an Auditor (Within 30 Days)
- Maintain proper Books of Accounts & Financial Statements.
- Issue Share Certificates to Shareholders
- Conduct the First Board Meeting
- File Annual Return (Form MGT-7A) and Financial Statement (Form AOC-4).
- File Income Tax Return (ITR-7) annually.
- Conduct Statutory Audit by a Chartered Accountant.
Why Choose TaxClue ?
We combine expert advice with digital convenience — ensuring a smooth experience from start to finish.
End-to-End Registration Support
From name approval to incorporation certificate.
Transparent Pricing
No hidden charges, no surprises.
Post-Incorporation Guidance
GST, accounting, and compliance setup.
Dedicated Compliance Expert
One-point contact for your entire process.
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FAQ
Got Questions?
We've Got Answers!
What is a Section 8 Company?
A Section 8 Company (under Section 8 of the Companies Act, 2013) is a non-profit organization established for charitable or social purposes — such as education, art, science, health, environment, or community welfare.
Unlike regular companies, it does not distribute profits to members. Instead, all income is reinvested for promoting its objectives.
It enjoys recognition similar to a Trust or Society, but with stronger legal structure and credibility
What are the main features and benefits of a Section 8 Company?
✅ Limited Liability: Members’ liability is limited to their capital contribution.
✅ Tax Benefits: Eligible for tax exemptions under Sections 12A & 80G (post registration).
✅ Separate Legal Entity: Can own property and enter contracts in its own name.
✅ Higher Credibility: Recognized by government bodies, donors, and CSR programs.
✅ No Minimum Capital Requirement: You can start with any amount.
✅ Perpetual Existence: Continues irrespective of changes in management.
What are the eligibility requirements for Section 8 Company registration?
To register a Section 8 Company in India, you need:
Minimum 2 Directors and 2 Shareholders (can be the same individuals)
At least one Indian resident director
Registered office address in India
PAN, Aadhaar, and ID proofs of all promoters
Clear charitable object clause in the MOA (Memorandum of Association)
TaxClue’s experts prepare your MOA & AOA to align perfectly with Section 8 requirements and object approvals.
What is the registration process for a Section 8 Company?
T
he step-by-step process includes:
Name Approval (RUN Service) – Name must include “Foundation”, “Association”, “Forum”, “Federation”, “Charity”, etc.
Drafting MOA & AOA – We prepare constitutional documents based on your mission.
Filing SPICe+ Form – Along with declarations, ID proofs, and address details.
License from ROC (Form INC-12) – Special approval to operate as a non-profit.
Certificate of Incorporation Issued – Along with PAN & TAN.
⏱️ Timeline: Typically 15–25 working days (depending on approval speed and object verification).
What are the annual compliance requirements for a Section 8 Company?
Although non-profit, a Section 8 Company must comply with all company law requirements:
Filing of Annual Return (Form MGT-7A)
Filing of Financial Statements (Form AOC-4)
Statutory Audit every year
Maintenance of books of accounts and minutes
Filing of Income Tax Return
Renewal of 12A & 80G registrations (if applicable)
TaxClue provides full compliance support, ensuring you meet ROC and Income Tax regulations smoothly.
Can a Section 8 Company receive foreign donations or CSR funds?
Yes ✅
A Section 8 Company can receive CSR contributions from corporates.
For foreign donations, it must obtain registration under the FCRA (Foreign Contribution Regulation Act) from the Ministry of Home Affairs.
TaxClue assists with FCRA registration, CSR eligibility, and grant documentation.