Section - 8 Company Registration


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The Section 8 Company is regulated by the Indian Companies Act, 2013 and the rules & regulations that are made thereunder. Section 8 Company is named Section 8 of the Companies Act, 2013, which pertains to an established ‘for promotion of commerce, art, science, sports, education, social welfare, religion, research, charity, protection of environment or any such other object’, provided the profits, if any, or other income is applied for promoting only the objects of the company and no dividend is paid to its members. Therefore, Section 8 Company or Section 25 Company is a Company registered under the Companies Act, 2013 for charitable or not-for-profit purposes. These Companies dedicate all their incomes and profits towards the furtherance of their objectives.

Not all Companies strive to earn profits by carrying out trade and commerce. Many Companies primarily have charitable and non-profit objectives. A Section 8 Company is similar to a Trust or Society expect, a Section 8 Company is registered under the Central Government’s Ministry of Corporate Affairs. And the Trusts or Societies are registered under Indian Trust Act, 1882 or Society Registration Act, 1860 or State Government regulations. A Section 8 Company has various advantages when compared to Trust or Society like improved recognition and better legal standing. Section 8 Company also has higher credibility amongst donors, Government departments and other stakeholders.

PAN Card

Self attested PAN Card issued by I.T. Department

Aadhar Card

Self attested Aadhar Card issued by UIDAI

Id Proof

Self attested id proof (Voter ID/DL/Passport)

Address Proof

One month Bank statement/ telephone bill

Photographs

A latest passport-size colour photographs

Utility Bill

Latest electricity bill with NOC/ Rent Agreement

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Our Step-By-Step Registration Process

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Characteristics of Section 8 Company


Charitable Objectives

Their objectives are purely charitable in nature such as promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object.

Suffix to Name

Section 8 Companies are not required to add the suffix “Limited” or “Private Limited” at the end of their name. The Section 8 Comp. name shall include the words Foundation, Forum, Federation, Chambers, Association, Confederation, Council, Electoral Trust etc.

No Profit Motive

The Companies registered under Section 8 of the Companies Act, cannot distribute profits or assets to its members or any kind of profit or incomes of the Company is applied only for the promotion of the objects of the Company

No Minimum Capital

Section 8 Companies, unlike all other companies, do not require a prescribed minimum paid-up share capital. hence a Section 8 Company can be incorporated with the capital as required by it.

Voting Rights

Every member of the Company Limited by Shares holding equity share capital has right to vote. The voting rights of the members are based on the number of shares, similar to that of any other Company.

No Dividend

The Indian Companies Act, 2013, prohibit the payment of any dividend to its members. In other word members of the Company cannot get any dividend or officers & directors do not get benefits and allowances.


Benefits of Section-8 Company Registration

Separate Legal Entity


A Section-8 Company is a separate legal identity in the court of the law, means a separate legal entity is a person recognized by law- a "legal person". The entity has its own legal rights and obligations, separate to those running or owning the entity

 

No Title Required

Unlike the other Companies, who have to use the title as “Limited” or ‘Private Limited” or “Limited Liability Partnership”. But Section 8 of the Companies Act, 2013 exempts them from the use of any suffix or title at the end of their name.

Zero Stamp Duty

A Section 8 Company do not have to pay stamp duty at the time of registration of Section 8 Company as the Company is exempted from the payment of stamp duty under the Companies Act, 2013.

Tax Exemptions


The Profit of Company will be taxable @30%. However, in case Company is registered under section 12AA (tax exemption) of the Income Tax Act, then profit of the Company will be exempt completely & no tax is levied on the Company.

 

Greater Flexibility

A Section 8 Company enjoys special exemptions and privileges under the Indian Companies Act, 2013. And is not required to perform as many legal formalities as a public Company. It is required to perform lesser legal formalities.

Documents required

PAN Card

Self attested PAN Card issued by I.T. Department

Aadhar Card

Self attested Aadhar Card issued by UIDAI

Id Proof

Self attested id proof (Voter ID/DL/Passport)

Address Proof

One month Bank statement/ telephone bill

Photographs

A latest passport-size colour photographs

Utility Bill

Latest electricity bill with NOC/ Rent Agreement

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