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Section 8 Company Registration

A Section 8 Company, as defined under the Companies Act, is a non-profit organization established to promote activities such as arts, commerce, science, research, education, sports, charity, social welfare, religion, environmental protection, and other similar objectives.

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INTRODUCTION

What exactly defines the Producer Company?

A Section 8 corporation is a firm that is registered for charitable purposes such as the promotion of arts, commerce, science, education, sports, environmental protection, religion, charity, and so on. The Act does not ban the corporation from making a profit by advertising it as a non-profit organization, but it does restrict it from dividing profits among members. This states that all of the company’s income or profit from any activity must be used for the charity purpose for which it was registered.

The charity corporation is registered under Section 8 of the Companies Act of 2013, giving it special status because of its objectives. Section 8 corporations benefit from a number of exclusions and relaxations that other sorts of businesses do not.

ADVANTAGES

Top Advantages of Incorporating a Section 8 Company

1. Tax & Compliance Exemptions

Section 8 companies enjoy special tax privileges. Not only are they eligible for income tax exemptions, but donors contributing to these companies can also claim tax benefits under the Income Tax Act. In addition, these companies are exempt from several compliance requirements that apply to other private or public limited companies, reducing the legal burden.

2. Separate Legal Entity

A Section 8 company enjoys a distinct legal identity, independent of its directors and members. It can own property, incur liabilities, and enter into contracts in its own name. Changes in members or management do not affect the company's existence, assets, or obligations.

3. Limited Liability Protection

Members of a Section 8 company have limited liability. Their personal assets are protected, and they are only liable up to the amount of capital they have contributed or agreed to contribute. This encourages promoters to focus on the company’s mission without fear of personal financial risk.

4. No Corporate Suffix Required

Unlike other companies, a Section 8 company is not required to use the words “Private Limited” or “Limited” in its name. This helps shift public attention toward the organization’s purpose rather than its profit-making status, enhancing its credibility as a non-profit entity.

A LIST OF DOCUMENTS

📑 Documents Required for Section 8 Company Registration

To register a Section 8 (Charitable or Non-Profit) Company in India, the following documents are essential:

1. Passport-Size Photograph
Recent passport-sized photographs of all shareholders and directors.

2. PAN Card
Self-attested copy of PAN card of all shareholders and directors.

(Foreign nationals must provide a valid passport instead of a PAN card).

3. Identity Proof
Any one of the following identity documents for all shareholders and directors:

  • Voter ID

  • Passport

  • Driving License

4. Address Proof
Any one of the following as proof of current residential address:

  • Latest Telephone Bill

  • Electricity Bill

  • Bank Statement

5. Proof of Registered Office Address (in India)

  • Recent Electricity Bill or Telephone Bill of the business premises

  • No Objection Certificate (NOC) from the property owner

  • Rent Agreement (if the office is on rented premises)

6. Estimated Statement of Income & Expenditure
Projected financial statement for the next three years outlining expected income and expenditure, demonstrating the company’s proposed charitable objectives.

Formulation of Section 8 Company Name

Choosing the right name is an essential step in incorporating a Section 8 Company. Since Section 8 Companies are non-profit in nature, the name should reflect the company’s charitable purpose and cannot resemble names of profit-making organizations.

No Suffix Required

Unlike other companies, Section 8 Companies are not required to add “Private Limited” or “Limited” to their name.

Purpose-Oriented Name

The name must clearly reflect the aim of promoting commerce, art, science, education, social welfare, religion, charity, environmental protection, or other similar objectives.

Uniqueness

The proposed name must be unique and should not be identical or closely resemble the name of an existing company or trademark.

Registrar’s Approval

Final approval of the name is subject to the Registrar of Companies (RoC) after considering the name's relevance and availability.

Online Registration Made Simple

Incorporate a Section 8 Company in Just 3 Easy Steps

Step 1: Answer a Few Quick Questions

  • Fill out our simple online questionnaire (takes less than 10 minutes)

  • Submit the required documents and basic company details

  • Make payment securely through our encrypted gateways

Step 2: Let the Experts Handle It

  • A dedicated Relationship Manager will be assigned

  • Digital Signature Certificates (DSC) will be procured

  • We’ll reserve your company name with the MCA

  • Drafting of key documents: MOA, AOA, and other declarations

  • Application for Section 8 License (Form INC-12)

  • Filing for Certificate of Incorporation

Step 3: Your Company is Registered

  • Entire process completed within 25 working days*
    (*Subject to government processing timelines)

The Process

Step-by-Step Registration of a Section 8 Company

Day 1

  • Application for Digital Signature Certificate (DSC)

Day 2 – 4

  • Name availability check

  • Reservation of company name via RUN (Reserve Unique Name)

Day 5 – 8

  • Drafting of Memorandum of Association (MOA), Articles of Association (AOA), and other required documents

  • Payment of stamp duty

  • Notarization of relevant documents

Day 9 – 13

  • Application for Section 8 License through Form INC-12

  • Government review and approval process

  • Grant of license via Form INC-16

Day 14 – 16

  • Filing application for incorporation with the Registrar

  • Application for DIN, PAN, and TAN

Day 17 – 19

  • Final processing by MCA

  • Issuance of Certificate of Incorporation

Frequently Asked Questions

Have questions before reaching out? Here are quick answers to some of the most common queries we receive about contacting us, consultations, and service inquiries.

To register a charitable (Section 8) company, the following conditions must be met:

  • The company must have a charitable objective such as promoting education, art, science, sports, social welfare, etc.

  • A minimum of 2 members who will subscribe to the capital at incorporation.

  • A minimum of 2 directors, with at least one being an Indian resident and citizen.

  • The company must have a registered office address in India.

There is no minimum capital requirement for incorporating a Section 8 Company. The promoters can invest any amount deemed necessary for operating the business effectively.

The name must be as per naming guidelines prescribed under the Companies Act. You can apply through the RUN (Reserve Unique Name) web form, submitting up to two name options. If the names do not comply with legal norms, the Registrar may request a re-submission with alternate names.

To get approval for Section 8 registration, the promoters must file Form INC-12 along with:

  • Draft Memorandum and Articles of Association

  • Declaration by each promoter

  • Estimated Income & Expenditure statement for the next three years
    Once approved, the Central Government issues a license via Form INC-16.

No. The entire registration process is 100% online. Promoters are not required to be physically present. All necessary documents and details can be uploaded via the online portal or sent via email.

Yes, NRIs and Foreign Nationals are eligible to become directors in a Section 8 Company after obtaining a Director Identification Number (DIN). However, at least one director must be an Indian citizen and resident.

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