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ROC Filing For Section 8 Company In Bangalore

To register a Section 8 Company in Bangalore, create an MCA portal account, obtain DSCs and DINs, reserve the company name, and apply for a Section 8 license. Once approved by the ROC, you’ll receive the Certificate of Incorporation, officially recognizing the company as a non-profit entity.

ROC Filing For Section 8 Company In Bangalore

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Why Should I Use Auriga Accounting For ROC Filing For Section 8 Company In Bangalore ?

Auriga Accounting has a team of registration experts who can provide complete guidance to register your ROC Filing For Section 8 Company In Bangalore.

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Our team of experts will get in touch with you and collect all necessary documents and details

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Ready Your ROC Filing For Section 8 Company In Karnataka

Why Should I Use Auriga Accounting For ROC Filing For Section 8 Company In Bangalore ?

Auriga Accounting has a team of registration experts who can provide complete guidance to register your ROC Filing For Section 8 Company In Bangalore.

book appointment

Our team of experts will get in touch with you and collect all necessary documents and details

Resolve all your queries

We fill out and file your application for ROC Filing

Complete your registration

Ready Your ROC Filing For Section 8 Company In Bangalore

Overview - ROC Filing For Section 8 Company In Bangalore

ROC filing for a Section 8 Company in Karnataka is a mandatory compliance under the Companies Act, 2013. It requires the timely e-filing of annual returns, audited financial statements, and other statutory documents through the MCA portal. This process helps maintain the company’s legal status, ensures operational transparency, and secures continued eligibility for tax exemptions, grants, and government schemes. Regular compliance also protects the organization from penalties and strengthens its credibility as a registered not-for-profit entity.

WHAT IS A SECTION 8 COMPANY?

Registering a Section 8 Company in Bangalore is a structured legal process that enables non-profit organizations to gain formal recognition as companies focused on promoting education, social welfare, arts, and charitable causes. Governed by the Companies Act, 2013 and regulated by the Ministry of Corporate Affairs (MCA), such entities are eligible to receive public and government donations, along with tax exemptions under the Income Tax Act, 1961. Though the procedure requires specific documentation and compliance with legal norms, it can be smoothly executed with the guidance of experienced professionals.

Eligibility Criteria for ROC Filing – Section 8 Company In Bangalore

  • Legal Incorporation: The entity must be formally registered as a Section 8 Company under the Companies Act, 2013.

  • Charitable Objectives: Its primary goals should promote non-profit causes such as education, science, arts, commerce, social welfare, sports, research, or environmental protection.

  • Company Type: The organization can be incorporated as either a private limited or public limited company, depending on its structure and scale.

  • Minimum Number of Directors: At least two directors are required for a private limited company and three for a public limited company.

  • Profit Utilization Clause: All income and profits must be exclusively used to advance the company’s stated objectives; profit distribution to members is strictly prohibited.

  • Resident Director Requirement: At least one director must be an Indian resident, as defined under the Companies Act, 2013.

  • License for Charitable Status: Prior to incorporation, the company must secure a license under Section 8 from the Central Government, confirming its non-profit status.

Advantages OF ROC Filing For Section 8 Company In Bangalore

  • Legal Status: Provides the company with a distinct legal identity, enabling it to own assets, sign contracts, and function independently of its members.

  • Limited Liability Protection: Safeguards the personal assets of members, restricting their liability to the amount invested in the company.

  • Tax Exemptions: Qualifies the organization for various income tax benefits under the Income Tax Act, 1961.

  • Improved Credibility: Enhances transparency and public trust, making the company more attractive to donors, CSR contributors, and government bodies.

  • Funding Eligibility: Facilitates access to grants, public donations, and international funding due to its legally recognized not-for-profit status.

  • Structured Compliance Framework: Promotes good governance through mandatory filings, audits, and regulatory oversight.

  • Perpetual Succession: Ensures uninterrupted existence of the company, regardless of changes in directors or members.

Documents for ROC Filing of a Section 8 Company In Bangalore

1. Memorandum & Articles of Association (MOA & AOA): The MOA outlines the company’s charitable objectives, while the AOA defines the internal governance structure, management procedures, and responsibilities of directors and members.

2. Director Identification and Consent: Includes identity proof (PAN, Aadhaar, Passport, or Voter ID), DIN (if not already allotted), and DIR-2— a declaration of consent and eligibility to act as a director.

3. Digital Signature Certificate (DSC): All proposed directors must obtain a valid Class 3 DSC to digitally sign incorporation forms submitted on the MCA portal.

4. Registered Office Proof & NOC: Submit a recent utility bill, rental agreement or ownership document, and a No Objection Certificate (NOC) from the property owner, if applicable.

5. Form INC-14 Declaration: A certification by a practicing Chartered Accountant, Company Secretary, or Cost Accountant stating that the proposed company complies with Section 8 requirements of the Companies Act, 2013.

6. Director Photographs: Recent passport-sized photos of each director are required for identification and official records.

7. Section 8 License Application (Form INC-12): Filed online along with MOA, AOA, and relevant declarations to obtain the license to operate as a not-for-profit entity from the Central Government.

8. Auditor Appointment (Form ADT-1): After incorporation, Form ADT-1 must be filed within 15 days of the first Annual General Meeting (AGM) to appoint a statutory auditor.

Online Process for ROC Filing For Section 8 Company In Bangalore

  1. Obtain Digital Signature Certificate (DSC): Directors must acquire a valid DSC from a licensed certifying authority to sign electronic documents securely.

  2. Apply for Director Identification Number (DIN): If not already obtained, directors should apply for a DIN through the MCA portal by submitting an online application along with the required supporting documents.

  3. Reserve Company Name: Use the MCA’s RUN (Reserve Unique Name) service available at www.mca.gov.in to apply for name approval. Ensure the proposed name complies with Section 8 naming guidelines.

  4. Draft MOA & AOA: Prepare the Memorandum of Association and Articles of Association tailored to the non-profit objectives of a Section 8 company.

  5. File SPICe+ Form for Incorporation: Complete and submit the SPICe+ form on the MCA portal, attaching all necessary documents such as MOA, AOA, proof of registered office, DSCs, DINs, and declarations.

  6. Submit & Pay Fees: Pay the prescribed registration fees online and finalize the application for company incorporation.

  7. Verification & Issuance of Certificate: Upon review and approval by the MCA, the ROC issues the Certificate of Incorporation along with the CIN (Corporate Identity Number).

  8. Post-Incorporation Compliance: Obtain essential registrations like PAN, TAN, and GST (if applicable), and ensure ongoing compliance with Section 8 regulations and other statutory requirements.

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2023-06-10
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2023-04-07
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2023-04-07
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