Section 8 Company Registration

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Section 8 company or NGO company can be formed for charitable purpose after getting license from registrar of companies. These companies can be private limited or public limited and liability of members are limited by guarantee.

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Overview - Section 8 Company (Non-Profit Company)

Section 8 company or NGO company can be formed for charitable purpose after getting license from registrar of companies. These companies can be private limited or public limited and liability of members are limited by guarantee.

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A company can be registered for charitable purposes with the object of not making any profits. These companies are basically called section 8 company or NGO company.  

This is subject to the provisions of Section 8 of the Companies Act, 2013. Hence, these companies are generally called Section 8 companies and are formed to promote Commerce, Science, Art, Religion, Charity or other socially useful objectives.

A Section 8 Company shall not pay any dividend to its members, but apply the surplus of receipts over payments for promotion of its objectives.

These companies need not use the words Limited or Private Limited after their name and are generally registered as Guarantee Company with limited liability with or without capital. Such companies can be private or public depending on the number of persons involved..

In case of winding up of a Section 8 company, the assets remaining after clearing all debts and liabilities should not be distributed amongst members of the company. Instead, it should be given or transferred to other companies having similar objectives as may be determined by the members or the High Court in the process of winding up.

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Section 8 Company Registration - Requirements


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Process of Section 8 Company Registration


Company Name Application

The First Step to obtain Digital Signatures and Director Identification Number for Directors and file Company Name Application

- Minimum 2 Directors and Shareholders
- PAN / Aadhaar / Address for obtaining Digital Signatures and Director Identification Number
- Application for Company Name Approval

Obtaining Licence from the Registrar of Companies

On Approval of Company Name, Application to be submitted for Licence under Section 8 with:

- Promoters Profile and Background
- Detailed Grounds of Application
- Projected Income and Expenditure / Assets and Liabilities for 3 years
- Memorandum and Articles of Association

Company Registration

On Approval of Licence under Section 8, Application to be submitted for Company Registration

- Copy of Licence
- Declarations / Affidavits under Companies Act
- Memorandum and Articles of Association
- Address Proof of Registered Address

On approval of Application, Certificate of Incorporation shall be issued by the Registrar of Companies.

Documents Required


Documents for License

Section 8 company formation only possible after obtaining license from registrar of companies. The license can be obtained with below list of documents

List of documents

  1. Profile of Promoters (E-lawyering doc)
  2. Income Projection
  3. Grounds of Application (e-lawyering doc)
  4. INC 15 - Declaration
  5. Draft Memorandum of Association
  6. Draft Articles of Association
Directors Document

To get Company registered, you need to provide below documents. The documents can be submitted through online
Company registration process start with applying DIN for new directors. To apply for DIN, address proof and ID proof required to be submitted

List of Documents

  1. Copy of PAN
  2. Copy of Address Proof - Telephone Statement
  3. Second ID Proof
Registered Office Address

Company need registered office within 30 days from the date of registration. While filing registered office, below documents are required for approval

  1. Electricity Bill Copy or
  2. Gas Bill
  3. Ownership proof

Section 8 Company Registration


Not for Profit

Section 8 company can only be formed for the purpose for promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment and the profit can not be distributed among the members.

Company Limited by Guarantee

Majority of cases, section 8 company will be a company limited by guarantee not having share capital. The liability of members only arose at the time of winding up of the company.

Name

Section 8 company name need not end with the word "Limited" or "Private Limited".

License for Section 8 company

Section 8 company can only formed after getting license from Registrar of Companies. After approval of name, promoters shall file application with respective registrar of companies for license.

Faq - Section 8 Company Registration


DIN is an identification number issued by the Ministry of Corporate Affairs, Government of India, to Directors of a company or Designated Partners of an LLP. For obtaining DIN, an online application has to be submitted to the Ministry of Corporate Affairs with a copy of Identity and Address Proof of the Applicant and a declaration by the applicant. The Online DIN Application has to be signed by a Practicing Company Secretary / Chartered Accountant / Cost Accountant. Now DIN is alloted alone with incorporation of new company or in case of appointment of directors, with the proposal from respective company.
DSC is a legally recognised method of signing documents electronically. A digital signature is a type of asymmetric cryptography used to simulate the security properties of a handwritten signature on paper. Digital signature schemes normally give two algorithms, one for signing that involves the user's secret or private key, and one for verifying signatures that involves the user's public key. The output of the signature process is called digital signature.
MOA is the charter document of a company. A company is created by registering a memorandum. MOA contains the name of a company, the state in which the registered office of the company is located, objectives, and its authorised capital. The MOA will be subscribed by the initial promoters of the company digitally. They will also have to enter name, father's name, residential address, occupation and the number of shares they agree to subscribe in the company. The MOA should also bear the signature of the witness digitally who knows the subscribers.
AOA is the bylaws of a company and can be filed along with the incorporation document. AOA contains rules and regulations for the management of a company's internal affairs and conduct of its business. It defines the relationship of company between its members and directors and relation between members and directors. It also describes powers of directors. Further, the AOA describes the rights and duties of its members as well as the duties and responsibilities of its directors. In case of a private limited company, the AOA will contain the restrictions of transfer of shares, if any. Also, AOA usually contains the names of first directors of a company. The AOA will be subscribed by the initial promoters of the company digitally. Promoters will have to enter their names, father's name, residential address, and occupation. The AOA should also bear the signature of the witness (digitally) who knows the subscribers. The details of subscribers to the AOA cannot be amended or changed at any point of time during the life of the company, as it constitutes the document giving birth to a company. Subsequent changes in the shareholding or directorship of the company should be reflected in its internal records and will not affect the subscriber details in the AOA.
Registered Office refers to the official correspondence address of a company or its principal place of business. The address of the Registered Office will be used for all official communications of the company. Registered Office of the company can be shifted from one place to another in the same state or from one state to another after complying with legal requirements. The company shall affix the name and address of its registered office outside every office or place of business in a prominent position. Also, the name and address of its registered office should be mentioned in its business letters, bills and other official publications.
No, section 8 company name need not end with limited as last last world. This is an exemption given by companies act to section 8 company as such type of company is formed for charitable or non profit motive business

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