Introduction

A Section 8 Company is a special type of non-profit organization that is formed for promoting commerce, art, science, sports, education, research, social welfare, religion, charity, or any other useful objective. It is registered under the Companies Act, 2013, and allows for the application of profits towards the advancement of its objectives rather than distributing them as dividends.

Steps for Section 8 Company Registration

1. Obtain Digital Signature Certificate (DSC)

• All proposed directors must obtain a DSC for signing electronic documents. This certificate can be obtained from authorized certifying authorities recognized by the Ministry of Electronics and Information Technology.

2. Obtain Director Identification Number (DIN)

• Each director must apply for a DIN, which is a unique identification number issued by the Ministry of Corporate Affairs (MCA). This application can be submitted online through the MCA portal.

3. Name Approval

• Choose a unique name for the organization that complies with the MCA guidelines. You can propose one or more names for approval using the RUN (Reserve Unique Name) form.

4. Drafting of Memorandum and Articles of Association (MoA and AoA)

• The MoA outlines the company’s objectives, while the AoA defines the rules for governance. These documents must be meticulously prepared as they are essential for registration.

5. Filing of Form for Section 8 Company

• Fill out and submit the Form INC-12 along with the required documents to the Registrar of Companies (RoC). This form is specifically designed for Section 8 companies.

6. Payment of Registration Fees

• Pay the requisite fees based on the company’s authorized capital. The fee structure can be found on the MCA website.

7. Obtain License

• Upon verification of documents, the RoC will issue a license to operate as a Section 8 Company. This license allows the organization to operate without the need to pay income tax on its profits, as long as they are used for charitable purposes.

8. Certificate of Incorporation

• Once the application is approved, the RoC will issue a Certificate of Incorporation, which serves as legal proof of the organization’s existence.

9. Apply for PAN and TAN

• After obtaining the Certificate of Incorporation, apply for the Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) through the NSDL website.

10. Open a Bank Account

• Open a bank account in the name of the Section 8 Company using the Certificate of Incorporation and PAN.

11. Compliance with Post-Incorporation Requirements

• Ensure compliance with post-incorporation requirements such as holding the first board meeting, appointing auditors, and maintaining statutory registers.

Required Documents

To successfully register a Section 8 Company, you will need the following documents:

1. Identity Proof of Directors:
   • Aadhar card, Passport, Voter ID, or Driving License.
2. Address Proof of Directors:
   • Utility bills, bank statements, or any government document showing the current address.
3. Registered Office Address Proof:
   • Rent agreement (if applicable) along with a no-objection certificate from the property owner.
4. MoA and AoA:
   • Drafted and signed by all the directors.
5. Digital Signature Certificate (DSC):
   • For all directors.
6. Director Identification Number (DIN):
   • For all directors.
7. Income and Expenditure Statement:
   • A draft statement indicating the projected income and expenditures.
8. Bank Account Statement:
   • If available, for any capital contribution.
9. NOC from the Owner of the Property:
   • If the registered office is rented.
10. Passport-sized Photographs:

• Recent passport-sized photographs of all directors.

Conclusion

Registering a Section 8 Company is an essential step for organizations aimed at social welfare and charitable activities. At Jitva Foundation, we offer expert guidance and support throughout the registration process, ensuring compliance with all legal requirements.

For more information or assistance with your registration process, contact us at [email protected] or visit our website at www.jitva.in.