Section 8 Company Registration
Introduction
In India, Section 8 companies, often known as non-profit organizations or non-governmental organizations (NGOs), play a crucial role in promoting social welfare and charitable activities. These companies are registered under Section 8 of the Companies Act, 2013, and are distinct from other types of corporate entities due to their primary focus on promoting charitable objectives rather than making profits. This blog will provide a comprehensive guide to Section 8 company registration in India. What is a Section 8 Company? A Section 8 company is a type of non-profit organization that operates for the promotion of art, science, sports, education, research, social welfare, and other similar charitable activities. These companies are incorporated for the sole purpose of serving the public interest and not for making profits. The income generated is utilized for furthering the objectives of the organization. Key Features of a Section 8 Company 1.Non-profit Motive: The primary objective of a Section 8 company is to promote charitable or not-for-profit activities. It cannot distribute its profits among its members or shareholders. Limited Liability : Just like any other company, members of a Section 8 company have limited liability. This means their personal assets are protected in case of any financial liabilities of the company. Name of the Company : The name of a Section 8 company should include the words Foundation, Association, Society, Council, Club, Institute, Organization, Federation, Chamber of Commerce, or other similar terms. No Dividends: Section 8 companies cannot issue dividends to their members. Any income generated must be used for furthering the company objectives. Step-by-Step Guide to Registering a Section 8 Company 1.Reserve a Unique Name: The first step in the registration process is to reserve a unique name for the company. The name should not resemble an existing company or violate any trademark or copyright. 2.Obtain Digital Signatures: All directors and subscribers must obtain digital signatures, as all documents are filed online. 3.Apply for Director Identification Number (DIN): Directors must apply for a DIN through Form DIR-3. 4.Draft Memorandum and Articles of Association: Prepare the memorandum and articles of association in accordance with the Companies Act, 2013. 5.License under Section 8: Obtain a license under Section 8 by filing Form INC-12. You need to provide detailed information about your objectives and plans for the company. 6.Obtain Certificate of Incorporation: Once your application is approved, you will receive a Certificate of Incorporation from the Registrar of Companies (RoC). 7.Apply for Tax Exemptions : After incorporation, a Section 8 company can apply for tax exemptions under Section 12A and Section 80G of the Income Tax Act, 1961, to enjoy tax benefits. 8.Compliance with Annual Filings: Section 8 companies must comply with various annual filing requirements, including annual returns, financial statements, and statutory audits. Advantages of Section 8 Company Registration 1.Limited Liability: Members personal assets are safeguarded. 2.Tax Benefits: Section 8 companies can enjoy tax exemptions on income generated for charitable purposes. 3.Separate Legal Entity: Section 8 companies are distinct legal entities, which enhances their credibility and recognition. 4.Access to Funding: Registration under Section 8 makes it easier to attract donations, grants, and funding from both government and private sources. 5.Greater Credibility: Registration provides a higher level of credibility and trustworthiness, which can attract more volunteers and donors. Conclusion Section 8 company registration in India is a well-established legal framework for promoting non-profit activities. It allows organizations to focus on their charitable objectives while enjoying the benefits of limited liability and tax exemptions. By following the step-by-step process and complying with the necessary regulations, NGOs, charitable foundations, and other non-profit entities can contribute positively to society while enjoying legal protection and financial support.
