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Section 8 Company Registration

Register your Section 8 Company (NGO) online with expert CA support. Get DIN, DSC, Name Approval, MOA/AOA, Section 8 License, PAN & TAN — all at affordable prices.

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Section 8 Company Registration
Definition

What is a Section 8 Company?

A company licensed under Section 8 of the Companies Act, 2013 for promotion of research, social work, etc. is called a Section 8 Company. Section 25 Company (under Companies Act, 1956) is its prior version.

Section 8 Companies are a legal form of Non-Profit Organizations (NPOs) or Non-Governmental Organizations (NGOs). A Section 8 Company has the authority to work anywhere in the country.

The process and necessities of a Section 8 Company are actually equivalent to a limited company — including all the rights and commitments. The main difference is that a Section 8 Company can't use the words "Section 8" or "Limited" in its name.

Key Points

Section 8 Company Registration

Same as NGO/Trust

The process of registering a Section 8 Company is the same as incorporating an NGO, Trust, or Co-operative Society under the Companies Act 2013.

Central Government License

An extra necessity must be fulfilled for obtaining a license from the Central Government under Section 8 of the Companies Act, 2013.

License Benefits

The license allows them to delete "Private/Public Limited" from their name, and the company becomes eligible for specific exclusions from provisions of law.

Directors Requirement

If enrolled as a Private Limited, at least 2 directors are required. If a Public Limited Section 8 Company, a minimum of 3 directors must be there.

Documents

Documents Required

For Directors / Shareholders
  • Copy of PAN Card
  • Aadhaar Card
  • Address Proof (Bank Statement, Electricity Bill, Telephone Bill)
  • 2 Passport-Sized Photographs
For Registered Office
  • Ownership Proof (House Tax, etc.)
  • Utility Bill (Electricity Bill, Gas Bill)
  • Address Proof (Bank Statement, Electricity Bill, Telephone Bill)
  • NOC from Property Owner
Benefits

Benefits of Section 8 Company Registration

Being an NPO does not imply that the Company can't make a profit. It just means that the promoters are not to profit from those benefits.

Distinct Legal Identity

A Section 8 Company is a separate legal entity, different from its members. It has a never-ending presence, along with organized operations and greater adaptability.

Zero Stamp Duty

A Section 8 Company is excluded from paying stamp duty on both MOA and AOA of the private or public limited organization.

No Minimum Capital

No base capital limit has been referenced for a Section 8 Company. It may be formed without any share capital. Funds come through donations and subscriptions.

Name Flexibility

A Section 8 Company does not need to add Limited or Private Limited to its legal name. It may use names like Foundation, Association, Society, Council, Organization, Club, Charities, Academy, Institute, and Federation.

CARO Not Applicable

Requirements of Companies Auditor's Report Order (CARO) do not apply to this type of company.

Tax Benefits

Many tax benefits are granted to Section 8 Companies in India under the Income Tax Act.

High Credibility

Section 8 Companies are more dependable than other types of charitable associations. They are represented by the Companies Act and managed carefully.

Exemption to Donors

Those donating to a Section 8 Company are eligible for tax exemptions under Section 12A and 80G of the Income Tax Act.

Membership Flexibility

An enlisted partnership firm can turn into a member in its individual capacity and acquire a Directorship.

What's Included

Our Package Includes

DIN for 2 Partners
Digital Signature for 2 Directors
Name Search & Approval
MOA / AOA
Registration Fees
Company PAN Card
Eligibility

Eligibility Criteria

A Section 8 Company is created by those who do not wish to earn profit from this venture. Rather, they want to dedicate themselves to improve some parts of the social structure.

Charitable Objects

Objects must be promotion of Commerce, Art, Science, Education, Research, Sports, Social Welfare, Religion, Charity, Protection of Environment, or any other such object.

Profit Application

The Company intends to apply its profits, if any, or other income in promoting these objects.

No Dividends

It intends to prohibit the payment of any dividend to its members.

Minimum Directors

2 Directors for Private Limited, 3 Directors for Public Limited. More can be appointed after passing a Special Resolution.

Indian Resident

At least 1 director must be a resident of India — stayed in India for not less than 182 days in the previous calendar year, per Section 149(3).

Subscribers to MOA

If incorporated as a private company, MOA must have at least 2 subscribers; if public, at least 3.

Initial Capital

Whatever amount of initial capital has been proposed must get invested in the Company within 2 months.

Property Management

Ownership of the property lies in the name of the Company. It can only be sold as per Companies Act rules (e.g., with consent of Board of Directors).

Dissolution Rule

Upon dissolution, after settling all debts, the remaining funds/property are transferred to another Section 8 Company with similar objects — not distributed among members.

Annual Compliance

Annual filing of accounts, statements, and returns with the ROC is necessary to meet the compliance requirements.

Valid DIN & DSC

All Directors must have their valid DIN (Director's Identification Number) & DSC (Digital Signature Certificate).

Step-by-Step

Process of Section 8 Company Registration

01
Step 1: Get Registered with S.K. & Associates

You are required to fill in your details, online, in our simple questionnaire. It contains Name, Complete Address, Proposed Names for the Company, Number of Directors with their details, Authorized Capital, etc.

02
Step 2: Get DIN & DSC

Applications would be filed with the ROC to obtain DIN and DSC for the Directors. First, we need to apply for DSC. Once received, Form DIR-3 is to be filed with the ROC to get their DIN. A passport-sized photograph, attested ID Proof, and Address proof of the Director must be attached.

03
Step 3: Name Approval

You suggest your preferences and we'll conduct Company Name Search. After your approval of the 3 options, we'll apply for a unique name. A maximum of 2 names is to be proposed in Form INC-1. If rejected, 1 resubmission is allowed.

04
Step 4: Apply for License & COI

We will apply for the Section 8 License with the Central Government. The right format to use is Form INC-12. It is to be sent with MOA in Form INC-13, AOA in Form INC-14, and Declaration by Directors in Form INC-15.

05
Step 5: Your Section 8 Company is Now Operative

As soon as all the processes are complete, we'll apply for your PAN and TAN. It is done in Forms INC-7, 8, 9, 10, 22, DIR-2, and 12 with the ROC, along with the required documents.

It takes 15-30 working days (approx.) to complete the Section 8 Company Registration process. The timeline may vary depending on responses from the MCA/ROC department.
Important Points

Key Aspects of Section 8 Company

Minimum Requirement

A Section 8 Company gets incorporated by the MCA. All requirements of the Companies Act 2013, such as minimum number of Directors and Shareholders, must be met.

Charitable Object

Section 8 Companies can be established for non-profit objectives only. Any profit earned is not to be distributed among members — it must be reinvested or used for the charitable purpose.

Management Team

Unlike other Trusts governed by Trustees as per a Trust Deed, Section 8 Companies are managed by the Board of Directors as per their MOA and AOA.

Companies Act, 2013

A Section 8 Company must follow the provisions of the Companies Act, 2013 — including Maintaining Book of Accounts, Audits, Return Filing, and Board Meetings.

MOA & AOA

A Section 8 Company shall not make any changes to its MOA & AOA without seeking approval from the Central Government first.

Voting Rights

The voting rights of the shareholders are based on the number of shares held by them — similar to any other company.

Income Tax

The Company has to follow the provisions of the Income Tax Act.

GST Registration

If the Section 8 Company comes under the purview of the GST Act, it must get registered with GST.

Conversion

It may not convert itself to any other kind of company structure without complying with the applicable conditions.

Funding

Donations / Funding of Section 8 Company

Section 8 Company is not allowed to raise capital by way of deposits, but can accept donations from the general public.

Foreign Donations

Allowed only when FCRA (Foreign Contribution Regulation Act, 1976) registration has been taken. FCRA license can only be applied after 3 years from the date of registration.

Equity Funding

A Section 8 Company can also raise funds by issuing new equity shares at a higher value.

Domestic Donations

There is no limitation to domestic donations. But to avoid money laundering cases, a proper system must be laid down to keep them in check.

Name Guidelines

Name Approval for Section 8 Company

The name of your Section 8 Company is the first impression to the world. Its selection, therefore, is very important.

Suffix Options

The name shall include words like Association, Federation, Chambers, Confederation, Council, Electoral Trust, Foundation, Forum, and other such words. No need to add Limited or Private Limited.

Meaningful

The name should indicate the principal objects of the Company as set out in its MOA. E.g., "Aware Health and Research Foundation" or "Nagarjuna Agricultural Research and Development Institute".

Not Offensive

The proposed name should not fall in the range of undesirable names as specified in Rule 8 of Companies (Incorporation) Rules, 2014. Should not be abusive or against customs of any religion.

Short & Simple

The name should be brief and not too long. It should be easy to pronounce, and a person should be able to recall it.

Unique

You are not allowed to name your Company exactly the same or identical to an existing company or trademark. At our platform, you can check if the proposed name matches someone else's.

Indicative

Every name need not indicate the objects of the company compulsorily — but when there are indications of objects in the name, it shall conform to the objects mentioned in the MOA.

Forms Required

Forms Required for Section 8 Registration

Form Particulars
SPICE + PART AName Approval
SPICE + PART BIncorporation Application, License, PAN and TAN
INC-9An affidavit from each Director and subscriber of the MOA
INC-13Memorandum of Association (MOA)
INC-14Declaration from a practicing Chartered Accountant or Company Secretary
INC-15Declaration by each Subscriber of MOA (on duly notarized Non-judicial stamp paper of ₹100/-)
INC-22Notice of Location of the registered office
DIR-2Consent of Directors to act on behalf of the Company
DIR-3Application to ROC to get DIN
DIR-12Appointment of Directors of the Company
Important

Compliances & Penalties

If a Section 8 Company fails to comply with legal provisions, the Central Government may revoke the license issued under the Act. In case of revocation, the company may get wound up — or it may be asked to change its name by adding either "Private Limited" or "Public Limited".

If the operations are found to be conducted fraudulently or in violation of the objects, or unfavourable to public interest, the license can be revoked. If a company defaults in complying with the provisions of the Act, it shall be punishable with a fine of ₹10 lakh to ₹1 crore. Directors and officers found in default shall be punishable with imprisonment up to 3 years, or fine of ₹25,000 to ₹25 lakh, or both.

Why Us

Why Choose S.K. & Associates

30+ Offices

Across India

10+ Years

Industry Experience

Economical & Fast

Quick turnaround

Money Back

Guarantee

Our Clients

Trusted by Leading Brands

John Deere
Blue Tokai
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Hindustan Unilever
Rockland
Odhani
FAQ

Frequently Asked Questions

Section 8 Company Registration is the process of incorporating a non-profit company under Section 8 of the Companies Act, 2013. It is a legal form of NGO/NPO that can work anywhere in India and is licensed by the Central Government.

The process involves: (1) Filing SPICE+ Part A for name approval, (2) Applying for DIN & DSC, (3) Filing SPICE+ Part B with MOA/AOA, (4) Applying for Section 8 License via Form INC-12, and (5) Receiving Certificate of Incorporation with PAN & TAN.

Our package starts at an affordable price + government fees. Government fees include ROC registration fees, stamp duty (though Section 8 Companies are exempt from stamp duty on MOA/AOA), and license fees. We provide transparent pricing with no hidden charges.

The 5-step process: Get registered with us → Obtain DIN & DSC → Name Approval → Apply for License & COI → Company becomes operative with PAN and TAN issued. Typically takes 15-30 working days.

For Directors/Shareholders: PAN Card, Aadhaar Card, Address Proof, 2 passport-size photos. For Registered Office: Ownership Proof, Utility Bill, Address Proof, and NOC from property owner.

A Section 8 Company cannot be converted into any other type of company without complying with the applicable conditions and seeking approval from the Central Government.

Annual compliances include: filing of accounts, statements, and returns with the ROC, conducting Board Meetings, maintaining Books of Accounts, and filing Income Tax Returns. GST registration is required if covered under the GST Act.

Yes, promoters of a Section 8 Company can also be employees. They can receive reasonable remuneration for services rendered, but cannot receive any dividend or profit distribution from the company.

Yes, but only after obtaining FCRA (Foreign Contribution Regulation Act, 1976) registration. FCRA license can only be applied after 3 years from the date of registration. Urgent donations may require prior permission from the Commissioner.

Section 8 Companies can invest in other companies subject to the provisions of the Companies Act, 2013 and as long as it aligns with the objects of the company. Such investments must be approved by the Board.

A Section 8 Company can form a subsidiary only if it aligns with its charitable objects and follows the applicable provisions of the Companies Act, 2013. The subsidiary must also operate on non-profit principles.