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Section-8 Company Registration
Legal incorporation of a Section-8 Company Registration under MCA. What's Included:
Timeline
7-10 working days
- PAN
- Aadhar
- Bank Statement
- Utility Bill
- Photo
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Fastest Turnaround
Document Assistance
Legal Consultation
Key Features of a Section-8 Company
About Section-8 Company Registration
To do Section 8 Company Registration, you need to obtain a license from the Ministry of Corporate Affairs (MCA), along with approval of the company name and submission of incorporation documents. This structure offers legal recognition, tax benefits, and greater credibility to NGOs and non-profits.
It is ideal for individuals or groups looking to create a trust-worthy platform to drive meaningful impact in society while enjoying corporate-style governance and compliance.Section-8 Company Registration
Section-8 Company Registration Overview
A Section-8 Company is a type of non-profit organization registered under the Companies Act, 2013, in India. It is formed with the primary objective of promoting charitable activities such as education, art, science, sports, social welfare, and environmental protection. Unlike other companies, a Section 8 Company does not distribute profits to its members but uses the income to further its social objectives.
Section-8 Company Registration is essential for individuals or groups aiming to operate a recognized non-profit organization with legal status and credibility. This registration provides several tax exemptions and benefits under Indian law, making it ideal for those seeking to make a structured social impact.
- PAN Card – Mandatory identity proof for all directors.
- Aadhaar Card / Voter ID / Passport / Driving License – As address proof.
- Passport-size Photograph – Recent and clear.
- Email ID and Mobile Number – For communication and OTP verification.
- DIN (Director Identification Number) – If already available; if not, it will be applied during the process.
- Digital Signature Certificate (DSC) – Required for signing e-forms electronically.
- Electricity Bill / Water Bill / Property Tax Receipt – Not older than 2 months.
- NOC (No Objection Certificate) – From the property owner, if the premises are rented.
- Rent Agreement or Sale Deed – As address proof of the business location.
- Draft of MOA & AOA – Memorandum and Articles of Association (focused on non-profit objectives).
- Declaration of Objectives – Describing charitable or not-for-profit goals.
- Projected Income & Expenditure Statement – For at least the next 3 years.
- Declaration by Directors – In Form INC-14 & INC-15 as per MCA requirements.
Eligibility Criteria
for Section-8 Company Registration
Objective must be non-profit
The company should be formed to promote activities like education, charity, social welfare, art, science, environment, sports, or similar objectives.
No profit distribution
The company must apply its profits or income only for promoting its objectives. No dividend or profit can be distributed to its members.
Minimum number of members
1. Directors (for a private limited Section 8 company)
2. shareholders/members (can also be the directors)
At least 2 shareholders/members (can also be the directors)
Resident Director
A minimum of one director needs to reside in India.
Company structure
The company must be registered as either:
A Private Limited Company, or A Public Limited Company
License from Central Government (MCA)
According to Section 8 of the Companies Act of
2013, the business has to apply for a license from the Ministry of Corporate Affairs (MCA).
No minimum capital requirement
There is no minimum paid-up capital requirement to register a Section 8 Company.
Advantages Section-8 Company
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Company Registration in India?
Skilled
consultation
Fair Pricing
Structure
Accelerated
Process
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Comparison between different types of Company Registrations
Separate legal entity
Liability Protection
Minimum Members
Owners
Compliance Required Documents
Tax Benefits
Category
Private Limited Company
Limited Liability Partnership (LLP)
Sole Proprietorship
Partnership
One Person Company (OPC)
Separate legal entity
Yes
Yes
No
Yes(under Indian Partnership Act, but not as distinct as company)
Yes
Liability Protection
Limited liability for owners
Limited liability for partners
Unlimited liability
Unlimited liability
Limited liability for the owner
Minimum Members
2 (Max: 200)
2 (Max-Unlimited)
1
2-50
1
Owners
Shareholders
Partners
Sole owner
Partners
Single owner
Compliance Required Documents
MOA, AOA, DSC, PAN, Address Proof
LLP Agreement, PAN, DSC, Address Proof
PAN, Address Proof
Partnership Deed, PAN
MOA, AOA, PAN, Address Proof
Tax Benefits
Corporate tax rates, Deductions
Pass-through taxation, Lower tax rates
Income is taxed as personal income
Income is taxed as personal income
MOA, AOA, Corporate tax rates, Deductions, Address Proof
Key Features of a Section-8 Company
Non-Profit Purpose
Section-8 Company Registration is meant for entities formed to promote commerce, art, science, education, charity, environmental protection, or social welfare.
Profit Reinvestment
In a company formed through Section-8 Company Registration, profits are reinvested into the organization's mission, with no dividend distribution to its members.
Government License Required:
Section-8 Company Registration mandates obtaining a special license from the Central Government under the Companies Act.
Minimum 2/3 Directors
Section-8 Company Registration requires at least 2 directors for a private limited and 3 for a public limited structure.
Regulated by MCA
Companies under Section-8 Company Registration fall under the Ministry of Corporate Affairs and must follow its compliance framework.
Registration under Section 12AA and 80G for Section 8 Companies
- At Filing Pro, we simplify the process of obtaining Section 12AA and 80G registrations for your Section 8 Company.
- With 12AA registration, your company enjoys income tax exemption on funds used for charitable purposes.
- With 80G approval, your donors can claim tax deductions, making your organization more attractive and boosting fundraising efforts.
Important: For Section 8 companies, 80G approval is valid only till March 2025. Ensure timely renewal to retain benefits for AY 2025-26.
Let Filing Pro handle the paperwork and coordination — so you stay compliant and focused on your cause.
Process of Section-8 Company Registration with Filing Pro
Risks and Penalties for Non-Compliance
Once you are done with Section-8 Company Registration, you must follow the mandatory compliances to retain your company’s legal status and enjoy the associated tax benefits. Compliance is not optional; it is a legal obligation under the Companies Act, 2013.
According to the Act, the Central Government holds the authority to revoke a Section-8 Company's license if the organization fails to comply with statutory norms. The license can also be revoked if the company acts dishonestly or deviates from its intended charitable objectives. In case of violations, the company may face penalties ranging from ₹10 lakhs to ₹1 crore. Additionally, directors and officers of the company may incur individual penalties starting from ₹25,000 up to ₹25 lakhs, or even face imprisonment, depending on the severity of non-compliance.
Strict adherence to post-registration compliance is crucial to safeguard your organization’s credibility, license, and tax-exempt status.
Frequently Asked Questions
What makes a Section 8 Company different from a Trust or Society?
A Section 8 Company is registered under the Companies Act and enjoys more structured governance, credibility, and transparency compared to trusts or societies. It also has better compliance recognition with government and international bodies.
Can I draw a salary from a Section 8 Company if I’m a director?
Yes, but only reasonable remuneration is permitted. Since the company operates on a non-profit basis, any payments must align with regulatory norms and cannot be profit-driven.
Is there a minimum capital requirement to start a Section 8 Company?
No, there is no mandatory minimum capital. You can start with any amount suitable for your objectives, offering flexibility to small NGOs or charitable startups.
Do I need to renew the Section 8 license every year?
No, the license granted under Section 8 is usually perpetual. However, you must comply with annual filings and reporting requirements with the Registrar of Companies (ROC) to maintain active status.
Can a Section 8 Company operate across India?
Yes. Once registered, a Section 8 Company can operate in any part of India without restrictions. It is ideal for NGOs planning multi-state operations.
Can foreign donations be received by a Section 8 Company?
Yes, but you must register under the FCRA (Foreign Contribution Regulation Act) to legally accept foreign contributions.
Can existing NGOs convert into a Section 8 Company?
Yes, trusts or societies can convert into a Section 8 Company with proper legal procedures and approval from the ROC.
Is GST registration mandatory for a Section 8 Company?
Only if your company crosses the prescribed turnover threshold or engages in taxable activities. Otherwise, GST is not mandatory by default.