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ROC Filing For Section 8 Company In Gangtok

ROC filing for a Section 8 Company in Gangtok entails the electronic submission of all mandatory compliance documents and financial statements through the MCA portal. This includes annual returns, audited financials, and other statutory forms, ensuring compliance with legal requirements and maintaining the company’s active status under the Companies Act, 2013.

ROC Filing For Section 8 Company In Gangtok

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

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

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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 ROC Filing

Ready Your ROC Filing For Section 8 Company In Gangtok

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

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

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 Gangtok

Overview - ROC Filing For Section 8 Company In Gangtok

In Gangtok, Section 8 companies incorporated under the Companies Act, 2013, with the aim of advancing charitable, social, or educational objectives, are required to file annual returns and financial statements with the Registrar of Companies (ROC). These annual filings, comparable to those for LLPs and other corporate entities, involve the submission of key documents such as audited financials and statutory returns. Timely and accurate filing ensures legal compliance, operational transparency, and the continued recognition of the company as a non-profit organization.

WHAT IS A SECTION 8 COMPANY?

A Section 8 Company is a not-for-profit organization incorporated under the Companies Act, 2013, with the primary purpose of promoting charitable, educational, scientific, social, or other welfare-driven objectives. Unlike commercial enterprises, it is prohibited from distributing profits, instead reinvesting all income to further its mission. To uphold its legal status and credibility, the company must file annual financial statements, returns, and other statutory documents with the Registrar of Companies (ROC), ensuring compliance, transparency, and accountability to the public and regulatory authorities.

Eligibility Criteria for ROC Filing – Section 8 Company In Gangtok

Registration Objective: The company must be registered under Section 8 of the Companies Act, 2013, with the primary purpose of promoting charitable, educational, social, environmental, or other public welfare initiatives.

Incorporation Compliance: It must be duly incorporated as a Section 8 company with the Registrar of Companies (ROC) in Sikkim, following all prescribed registration and licensing procedures.

Defined Objectives: The Memorandum of Association (MoA) must clearly outline the organization’s non-profit objectives, with no clause permitting profit distribution among members.

Management Structure: The company should be managed by a Board of Directors or a designated governing body, operating in accordance with applicable legal and regulatory frameworks.

Statutory Compliance: The organization must meet all statutory requirements, including maintaining proper books of accounts, conducting regular board meetings, and filing annual returns and financial statements with the ROC.

Tax Registrations: It should obtain essential tax registrations such as PAN and TAN, and comply with relevant tax laws to avail applicable exemptions and maintain regulatory adherence.

Advantages OF ROC Filing For Section 8 Company In Gangtok

1. Legal Recognition and Credibility: Timely ROC filings establish the company’s legal standing under the Companies Act, 2013, enhancing credibility with donors, regulators, and stakeholders.

2. Statutory Compliance: Regular submission of required documents ensures compliance with legal obligations, minimizing the risk of penalties, legal proceedings, or director disqualification.

3. Transparency and Accountability: Annual filings of financial statements and returns demonstrate transparency, building public trust and reinforcing sound governance practices.

4. Eligibility for Tax Benefits: Maintaining compliance is crucial for obtaining exemptions under Sections 12A and 80G of the Income Tax Act, offering financial advantages to both the organization and its donors.

5. Enhanced Funding Prospects: A consistent compliance record increases the organization’s credibility, improving its chances of receiving CSR funds, grants, and philanthropic support.

6. Continued Legal Operation: Timely filings help retain active company status with the ROC, safeguarding the organization’s legal existence and operational continuity.

7. Support for Growth and Collaboration: Being in good legal standing streamlines approvals for expansion, partnerships, and alliances with both domestic and international entities.

8. Strengthened Public Image: Regular compliance reflects professionalism, ethical conduct, and commitment to good governance—boosting the organization’s reputation and public confidence.

Documents for ROC Filing of a Section 8 Company In Gangtok

1. Identity & Address Proof (Directors & Subscribers): Submit passport-size photo, PAN (mandatory), Aadhaar/Voter ID/Driving Licence, and a recent utility bill or bank statement (within 2 months). Foreign nationals must provide a notarized, apostilled, and translated passport.

2. Registered Office Proof:

  • Owned premises: Sale deed + recent utility bill

  • Rented premises: Rent agreement, NOC from owner, and owner’s utility bill (all within 2 months)

3. DSC & DIN: Obtain Class 3 DSC for all directors/subscribers. DIN can be applied via Form DIR-3 or auto-generated through SPICe+ Part B.

4. Name Reservation & License Application: Reserve name via RUN or SPICe+ Part A. Apply for Section 8 license through Form INC-12 with:

  • MOA (INC-13) and AOA

  • INC-14 (professional declaration)

  • INC-15 (subscriber declaration)

  • 3-year income & expenditure estimate

  • List of directors and promoters

Online Process for ROC Filing For Section 8 Company In Gangtok

  1. Create User ID & Login: Log in to the Visit https://www.mca.gov.in Register on the MCA portal (mca.gov.in) to create a login ID and password.

  2. Reserve Company Name: Use RUN (Reserve Unique Name) or SPICe+ Part A to reserve the proposed company name online.

  3. Prepare Required Documents: Gather all necessary documents, including MOA, AOA, director IDs, address proofs, registered office proof, and other statutory declarations.

  4. File Incorporation Forms: Access SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) to fill and submit the incorporation application along with required attachments.

  5. Apply for Section 8 License (if applicable): File Form INC-12 for license approval under Section 8, attaching the necessary documents such as the proposed MOA, AOA, income-expenditure estimate, and director/promoter details.

  6. Pay Fees & Submit: Pay the prescribed registration and license fees online through the MCA portal and submit all applications electronically.

  7. Verification & Approval: The MCA will review the submitted documents. If everything is in order, the Registrar of Companies (ROC) in Sikkim will issue the Certificate of Incorporation and the Section 8 license.

  8. Post-Filing Actions: Once approved, obtain Digital Signature Certificates (DSC) and Director Identification Numbers (DIN) if not already acquired, and complete any additional compliance filings.

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