SECTION 8 COMPANY REGISTRATION (NGO)

Section 8 Company is a Non- Profit Organization that get Special License from Central Government under Section 8 of the Companies Act, 2013 (the Act) and intends to carry on objects of the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object.

A section 8 Company intends to apply its profits, if any, or other income in promoting its objects and intends to prohibit the payment of any dividend to its members

Section 8 Company can be registered as a Section-8 company, with minimum of two adult persons to act as Directors of the company. One of the Director of a company has to be an Indian Citizen and Indian Resident. The other director(s) can be a Foreign National.

Documents and information are required for setting up Section 8 Company 

• Digital Signature Certificate of Director/Shareholders
• Self attested copy of PAN of  all Director/Shareholders
• Self attested Copy of Passport/DL/Voter ID of all Director/Shareholders
• Latest  Bank statement of all Directors/Shareholders
• Object of the Company
• Capital of the Company
• Affidavit and Declaration by first subscriber and director
• Signed DIR-2 (Consent to act as a Director)
• Proof of Registered office of the Company
• Projected 3 Years Balance sheet
• Assets and Liability Statement

Brief steps for Registration of a Section 8 Company

Step 1:- Obtain Digital Signature of the proposed Directors of the Company. Digital signature is required for signing of the incorporation application (Spice Form)

Step-2:- Reserve a unique fresh name by making an application in Online web service i.e. RUN on the MCA portal. Please note reserved name is valid till 20 days from the approval date.

Step-3 :- Drafting of Memorandum of Association (“MOA”) and Article of Association (“AOA”). MOA of Section 8 Company must be in form INC-13 while there is no format prescribed for Articles of Association for Section 8 Company.

Step-4 :- File application in e-form Spice 32 along with necessary attachments with the MCA.

Step-5:- After getting Certificate of Incorporation, Open Current Account in bank and deposit the subscribed amount of MOA in the Bank Account.

Step-6:- File e-form INC-20A (Declaration for commencement of business) with MCA within 180 days from the incorporation date along with Bank statement of the Company.

Step-7 :- File form DIR-12 for reporting of registered office of the Company, if proof of registered office not submitted in Spice form.

Step-8: Conduct the first board meeting of the Company within 30 days of Incorporation.

Frequently Asked Questions

1. How many person are required to incorporate a Section-8 Company?

A minimum of two person is required to incorporate a Section-8Company.

 2. What time it takes to incorporate a Section-8 Company?

If correct and requisite documents are submitted in Spice-32, usually it takes 4-7 days for company to be incorporated.

3. How do I obtain PAN/TAN and GST registration after the company is incorporated?

The PAN, TAN and GST of the Company is received along with the Certificate of incorporation of the Company. Now no separate application is required for obtaining these statutory documents.

4. Do I need to open a current account separately after registration of Company?

You can select your choice of Bank in AGILE Form while filing application for registration of Company. Once the company is incorporated, bank officials will contact for opening of bank account.

5. What are the compliances to be done after registration of Company?

The company has to do following compliances after registration:

• Convene a Board meeting within 30 days of incorporation
• File ADT-1 within 30 days of incorporation
• File INC-20 A (Commencement of Business) within 180 days
• File Director KYC form after April 01 of the current financial year