Check out details with the procedure for registration of section 8 with companies Act, 2013
The main reason to form a business as a Section 8 Company is to support non-profit goals including business, commerce, the arts, charity, education, religion, environment protection, social welfare, sports research, etc.
A Section 8 Company must have two directors at a minimum in order to be incorporated. In the case of a Section 8 Company, there is also no requirement for a minimum amount of paid-up capital.
A non-profit organisation in India may be registered with the Registrar of Societies or as a non-profit corporation under Section 8 of the Company Act, 2013.
If this company makes any earnings, they will be used to further its goals rather than going to its shareholders as dividends.
According to the previous Companies Act of 1956, a Section 8 Company is equivalent to a Section 25 Company. Section 25 has changed to Section 8 in accordance with the 2013 Companies Act
Faq's
Can Section 8 companies make profit?
Yes, Section 8 companies can make a profit. Section 8 companies are businesses that receive subsidies from the government to provide services to low-income people. They can also use different ways to gain incomes such as - Investment, Donations, Funding, etc.
What is the difference between an NGO and Section 8 company?
A Non-Governmental Organization (NGO) is an organisation that is independently established and operated, usually with a charitable, educational, religious, or social purpose. NGOs are usually non-profit and do not have a profit motive. A Section 8 Company is a non-profit organisation formed to promote commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any other such object. Section 8 companies are allowed to generate profit but they must use their profits for the purpose of achieving their goals and not for the benefit of its members.
Do I have to be present in-person to incorporate a Section 8 Company?
No, you will not have to be present at our office or appear at any office for the registration of a Section 8 Company. All the documents can be scanned and sent through email to our office. Some documents will also have to be couriered to our office.
What are the documents required for registration?
Identity proof and address proof are mandatory for all the proposed Directors of the Section 8 Company. PAN Card is mandatory for Indian Nationals. In addition, the landlord of the registered office premises must provide a No Objection Certificate for having the registered office in his/her premises and must submit his/her identity proof and address proof.
How long will it take to incorporate a Company?
Varaniti.com can incorporate a Section 8 Company in 20-30 days. The time taken for registration will depend on the submission of relevant documents by the client and the speed of Government Approvals. To ensure speedy registration, please choose a unique name for your Company and ensure you have all the required documents prior to starting the registration process.
How long is the registration of the Company valid?
Once a Company is incorporated, it will be active and in existence as long as the annual compliances are met regularly. In case, annual compliances are not complied with, the Company will become a Dormant Company and may be struck off from the register after a period of time. A struck-off Company can be revived for a period of up to 20 years.
What is a Digital Signature Certificate?
A Digital Signature establishes the identity of the sender or signee electronically while filing documents through the Internet. The Ministry of Corporate Affairs (MCA) mandates that the Directors sign some of the application documents using their Digital Signature. Hence, a Digital Signature is required for all Directors of a proposed Section 8 Company.
What is the Director Identification Number?
Director Identification Number is a unique identification number assigned to all existing and proposed Directors of a Company. It is mandatory for all present or proposed Directors to have a Director Identification Number. Director Identification Number never expires and a person can have only one Director Identification Number.
Can NRIs /Foreign Nationals be a Director in a Section 8 Company?
Yes, a NRI or Foreign National can be a Director in a Section 8 Company after obtaining Director Identification Number. However, at least one Director on the Board of Directors must be a Resident India.
How many people are required to register a Private Limited Company?
A minimum of two people is required to register a section 8 company in India.
What are the requirements to be a Director?
The Director needs to be over 18 years of age and must be a natural person. There are no limitations in terms of citizenship or residency. Therefore, even foreign nationals can be Directors in an Indian Section 8 Company.
Is an office required for starting a Section 8 Company?
An address in India where the registered office of the Company will be situated is required. The premises can be commercial/industrial/residential where communication from the MCA will be received.
What is a Section 8 company?
It is a type of not-for-profit company set up for the promotion of art, science, commerce, charity, sports, education, research, or any other useful activity. These companies are typically formed to benefit a specific community or purpose and are excluded from the provisions of the Companies Act, 2013 that generally apply to other companies.