Section 8 Company Registration

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    Section 8 companies are incorporated for charitable purposes such as education, arts, science, or social welfare. These companies reinvest their profits into their objectives rather than distributing them as dividends.

    • Operates as a non-profit entity.
    • Exempted from using “Limited” or “Private Limited” in the company name.
    • Eligible for tax exemptions under Sections 12A and 80G of the Income Tax Act.
    • Legal Recognition: Provides a formal structure to manage non-profit activities.
    • Credibility: Enhances trust among donors and stakeholders.
    • Tax Benefits: Enables tax exemptions and eligibility for grants.
    • Governed by Section 8 of the Companies Act, 2013.
    • Requires approval from the Registrar of Companies (ROC) and the Central Government.
    • Directors must meet the eligibility criteria set out by the Act.
    • Reserve a unique name through the RUN application.
    • Obtain Digital Signature Certificates (DSC) for directors.
    • File incorporation documents such as MOA, AOA, and INC-12.
    • Ensure the company’s objectives align with charitable purposes.
    • Step 1: Apply for DSC and Director Identification Number (DIN).
    • Step 2: Reserve the company name through the MCA portal.
    • Step 3: File Form INC-12 for approval of the Section 8 company status.
    • Step 4: Submit the MOA and AOA along with incorporation forms.
    • Step 5: Obtain the Certificate of Incorporation upon approval.
    • Delays in obtaining Central Government approval.
    • Non-compliance with procedural requirements or documentation errors.
    • Rejection due to name conflicts or objectives not aligning with charitable purposes.
    • Identity and address proof of directors and members.
    • MOA and AOA detailing the company’s objectives and governance.
    • Proof of registered office address.
    • Declaration by directors regarding compliance with Section 8 provisions.
    • Submit name reservation and incorporation forms online via the MCA portal.
    • The process typically takes 20-30 working days, subject to approvals.
    • Government Fees: Rs. 1,000 to Rs. 5,000, depending on authorized capital.
    • Professional Fees: For drafting documents, filings, and advisory services.
    • Estimated Total Cost: Rs. 15,000 to Rs. 25,000, depending on complexity and assistance required.

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