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ROC Filing For Section 8 Company In Arunachal Pradesh

ROC filing for a Section 8 company in Arunachal Pradesh involves the online submission of registration documents and the application for a Section 8 license via the MCA portal. Additionally, the company must regularly file annual returns and financial statements to maintain compliance, legal recognition, and transparency.

ROC Filing For Section 8 Company In Arunachal Pradesh

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

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

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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 Arunachal Pradesh

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

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

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 Arunachal Pradesh

Overview - ROC Filing For Section 8 Company In Arunachal Pradesh

A Section 8 Company is a specialized non-profit organization incorporated under the Companies Act, 2013. Its core purpose is to promote activities that benefit society, such as arts, commerce, science, sports, education, charity, and social welfare initiatives. Unlike commercial enterprises driven by profit, a Section 8 Company focuses on advancing public interest and fostering social development. These organizations are entitled to various benefits, including tax exemptions and other government incentives, in recognition of their charitable and social service objectives. they must adhere to specific legal and regulatory requirements, including submitting regular filings and disclosures to the Registrar of Companies (ROC).

WHAT IS A SECTION 8 COMPANY?

Section 8 companies in Arunachal Pradesh, formed as non-profit organizations under the Companies Act, 2013, are obligated to fulfill annual filing requirements mandated by the Registrar of Companies (ROC). To preserve their active status and to avail themselves of regulatory and tax benefits, these organizations must submit essential documents such as Form AOC-4, which includes audited financial statements, and Form MGT-7, detailing their annual returns, within specified deadlines. Adhering to these compliance obligations not only reinforces their legal standing but also promotes transparency and fosters trust among stakeholders and the broader community.

Eligibility Criteria for ROC Filing – Section 8 Company In Arunachal Pradesh

1. Charitable Purpose and Objectives: The fundamental objective of a Section 8 company must be to advance charitable causes, including but not limited to education, healthcare, environmental protection, promotion of art and culture, and other activities that contribute to societal welfare and public interest.

2. Non-Profit Nature: The company must operate strictly on a non-profit basis. All revenues, surpluses, or income must be reinvested into the organization’s core objectives. Distribution of dividends or profits to members, shareholders, or promoters is strictly prohibited.

3. Statutory Minimum Members and Directors: A Section 8 company may be incorporated either as a private limited or a public limited entity:

  • Private Limited: Requires a minimum of two directors and two members

  • Public Limited: Requires a minimum of three directors and seven members

4. Registered Office Address: A valid and verifiable registered office located within India is mandatory. This address will serve as the official correspondence and communication center for regulatory purposes.

5. Statutory Compliance under the Companies Act, 2013: The company must remain compliant with all statutory obligations under the Companies Act, 2013. This includes maintaining proper records, timely submission of financial statements, annual returns, and adherence to all regulatory reporting and governance norms.

6. Digital Signature Certificate (DSC) & Director Identification Number (DIN): Every proposed director must obtain a Digital Signature Certificate (DSC) for secure electronic filing and a Director Identification Number (DIN) as a unique identifier before incorporation.

7. No Prescribed Capital Requirement: There is no mandatory minimum paid-up capital requirement for setting up a Section 8 company. The organization may function with any reasonable capital sufficient to achieve its objectives.

8. Foundational Documents – MOA & AOA: The company must formulate a Memorandum of Association (MOA) and Articles of Association (AOA) that explicitly outline its mission, internal governance structure, and operational protocols.

9. Central Government Authorization for Amendments: Any alterations to the company’s MOA or AOA, including changes in objectives or structural modifications, require prior approval from the Central Government under Section 8 regulatory framework.

Advantages OF ROC Filing For Section 8 Company In Arunachal Pradesh

1. Legal Status & Credibility: Registration under the ROC grants a separate legal identity, reinforcing the organization’s legitimacy and boosting confidence among donors, funders, and collaborators.

2. Tax Advantages & Exemptions: Eligibility under Sections 12A and 80G of the Income Tax Act allows tax-free income for the company and tax deductions for donors, encouraging greater financial support.

3. Increased Fundraising Capacity: Formal recognition and tax incentives attract more grants and contributions from both domestic and international sources, strengthening the organization’s funding base.

4. Limited Liability Assurance: Members enjoy limited liability, meaning their personal assets are protected and risk is confined to their investment or guarantee in the company.

5. Continuity through Perpetual Succession: The company enjoys perpetual succession, ensuring ongoing existence despite any changes in membership or leadership, which supports stability and long-term planning.

6. Transparency & Regulatory Compliance: Mandatory disclosures and ROC filings ensure accountability, promote ethical practices, and build trust among stakeholders and the public.

7. No Capital Threshold Requirement: There is no prescribed minimum capital for incorporation, allowing easy entry for small-scale initiatives and nonprofit startups.

8. Flexible Organizational Framework: Section 8 companies offer adaptable management structures that can be tailored to suit the organization’s mission, scale, and operational needs.

Documents for ROC Filing of a Section 8 Company In Arunachal Pradesh

1. Memorandum of Association (MOA): A foundational charter that clearly articulates the company’s non-profit objectives, intended activities, and operational scope, in alignment with the provisions of Section 8 of the Companies Act.

2. Articles of Association (AOA): A detailed document outlining the company’s internal regulatory framework, including governance structure, decision-making protocols, rights and responsibilities of members, and day-to-day management procedures.

3. Director’s Consent (Form DIR-2): A formally signed declaration from each proposed director affirming their consent to serve as a director and assume fiduciary responsibilities under applicable laws.

4. Declaration by First Directors: A written affirmation by the founding directors confirming adherence to all legal, ethical, and regulatory norms as required under the Companies Act, 2013.

5. Permanent Account Number (PAN) Card: Mandatory government-issued identity proof for all proposed directors and shareholders, used for tax and regulatory identification.

6. Proof of Residential Address: Acceptable documents include Aadhaar Card, Passport, Voter ID, Driving License, or recent utility bills—submitted for all directors and members to validate their current residence.

7. Passport-Sized Photographs: Recent, high-resolution passport-sized photographs with a white background for all directors and members, required for official filings and records.

8. Director Identification & Authentication Credentials: Comprises Form DIR-2, a valid Director Identification Number (DIN), and a Class 3 Digital Signature Certificate (DSC) for each director to facilitate secure e-filing and digital authentication.

9. Proof of Registered Office Address: For rented premises: Executed rent agreement, No Objection Certificate (NOC) from the landlord, and a recent utility bill (not older than 2 months). For owned premises: Copy of property ownership document (e.g., sale deed, title deed, or property tax receipt) along with a recent utility bill.

10. Statement of Charitable Objectives: A well-drafted narrative detailing the non-profit mission and charitable intentions of the company, supported by declarations or relevant documents to substantiate the organization’s purpose.

Online Process for ROC Filing For Section 8 Company In Arunachal Pradesh

Step 1: Create an Account on the MCA Portal: Visit the official website of the Ministry of Corporate Affairs: www.mca.gov.in Register as a new user by creating a login ID and password to access e-filing services.

Step 2: Obtain Digital Signature Certificates (DSC): All proposed directors and authorized signatories must acquire a Class 2 or Class 3 Digital Signature Certificate from a government-authorized Certifying Authority. This is essential for digitally signing electronic forms.

Step 3: Prepare the Required Documents: Gather and draft the following incorporation documents:

  • Form SPICe+ (INC-32) – Application for incorporation

  • Form INC-1 – Name reservation (if applicable)

  • MOA & AOA – Memorandum and Articles of Association

  • Declaration of compliance

  • Identity and address proofs of all directors and subscribers

  • Form DIR-2 – Consent to act as a director

Step 4: File the Incorporation Application: Log in to the MCA portal using your registered credentials.
Complete and submit the SPICe+ form along with the required attachments.
Digitally sign all documents using DSCs and pay the applicable registration fees online.

Step 5: Apply for Name Approval: Submit a name reservation request through the SPICe+ Part A or Form INC-1. Once approved, the chosen name is reserved for a limited period for incorporation.

Step 6: Receive Certificate of Incorporation (COI): Upon successful scrutiny, the MCA will issue a Certificate of Incorporation, along with the company’s Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN).

Step 7: File Post-Incorporation Compliance Forms: After incorporation, submit statutory compliance forms such as:

  • Form AOC-4 – Filing of financial statements

  • Form MGT-7 – Filing of annual return

  • Form CSR-1 – If engaging in CSR activities (for eligible companies)
    These forms must be filed annually via the MCA portal.

Step 8: Apply for Section 8 License: To obtain Section 8 company status, file Form INC-12 along with:

  • Draft MOA & AOA

  • Detailed project report or business plan

  • Declarations and affidavits from directors Once approved, the Section 8 License is issued electronically by the Central Government.

Step 9: Maintain Ongoing Statutory Compliance: Ensure timely submission of annual returns, financial statements, and other required filings to retain active status and legal compliance.

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