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ROC Filing For Section 8 Company In Assam

ROC filing for a Section 8 Company in Assam requires submitting annual returns, financial statements, and compliance documents via the MCA portal to ensure regulatory adherence and maintain legal status under the Companies Act, 2013.

ROC Filing For Section 8 Company In Assam

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

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

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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 Assam

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

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

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 Assam

Overview - ROC Filing For Section 8 Company In Assam

Filing with the Registrar of Companies (ROC) is a crucial annual compliance requirement for Section 8 companies under the Companies Act, 2013. This process involves the prompt submission of key documents, including audited financial statements, annual returns, board resolutions, and other statutory filings via the Ministry of Corporate Affairs (MCA) portal. Complying with these obligations is essential to maintain the company’s legal status, ensure transparency, and uphold its recognition as a non-profit organization. Proper adherence safeguards its eligibility for tax exemptions, government benefits, and continued public trust.

WHAT IS A SECTION 8 COMPANY?

Section 8 companies in Assam, established as non-profit organizations under the Companies Act, 2013, must comply with the annual filing requirements prescribed by the Registrar of Companies (ROC). To maintain their active status and enjoy regulatory and tax-related benefits, these entities are required to file Form AOC-4 (for audited financial statements) and Form MGT-7 (for annual returns) within the stipulated timelines. Timely compliance reinforces their legal standing, enhances transparency, and builds trust with stakeholders.

Eligibility Criteria for ROC Filing – Section 8 Company In Assam

  1. Charitable Objective: The entity must be formed exclusively to promote charitable or non-profit activities such as education, science, art, social welfare, sports, research, environmental protection, or religious advancement.

  2. Restriction on Profit Distribution: Section 8 companies are prohibited from distributing any profits or dividends to their members. All earnings must be reinvested solely to further the company’s philanthropic objectives.

  3. Minimum Members and Directors: Incorporation requires a minimum of two shareholders and two directors. The same individuals may hold both roles.

  4. Resident Director Requirement: At least one director must be a resident of India, defined as having stayed in the country for a minimum of 182 days during the preceding financial year.

  5. Unique Name Requirement: The proposed name of the company must be distinctive and should not resemble any existing company or LLP name registered with the Ministry of Corporate Affairs (MCA).

  6. Mandatory DIN and DSC: Each director must possess a valid Director Identification Number (DIN) and a Class 3 Digital Signature Certificate (DSC) to sign and authenticate electronic filings.

  7. Registered Office in India: A verifiable physical address in India is required as the company’s registered office. Valid supporting documents must be provided during incorporation.

  8. Compliance with Statutory Laws: The company must adhere to all applicable provisions under the Companies Act, 2013, and maintain ongoing compliance to retain its legal status and associated benefits.

Advantages OF ROC Filing For Section 8 Company In Assam

1. Statutory Recognition and Operational Validity: Timely ROC filings affirm the company’s lawful existence under the Companies Act, 2013, ensuring its continued recognition and ability to function as a compliant non-profit entity in the eyes of regulatory authorities.

2. Enhanced Public Trust and Institutional Credibility: Regular and transparent financial disclosures reinforce the organization’s integrity. This builds strong trust with banks, government agencies, CSR funders, and philanthropic stakeholders by showcasing structured governance and ethical practices.

3. Access to Tax Exemptions and Donor Incentives: Proper compliance allows eligibility for tax exemptions under Sections 12A and 80G of the Income Tax Act, enabling donors to claim deductions and enhancing the organization’s ability to attract sustained contributions.

4. Mitigation of Legal Liabilities and Financial Penalties: Meeting filing deadlines helps avoid penal actions, monetary fines, and the risk of company deregistration by the Registrar of Companies due to negligence or non-compliance.

5. Greater Access to Institutional and CSR Funding: A consistent compliance history positions the company as a trustworthy and professionally managed entity, increasing its appeal to funding institutions, government grant programs, and CSR initiatives that prioritize regulatory transparency.

6. Streamlined Audits and Legal Due Diligence: Updated filings facilitate quicker and more efficient financial audits, legal reviews, and third-party due diligence—essential for collaborations, foreign contributions, or organizational expansion.

7. Reinforced Confidence Among Stakeholders: By fulfilling annual reporting obligations, the company demonstrates accountability and mission alignment, thereby instilling long-term confidence among donors, members, and community beneficiaries.

Documents for ROC Filing of a Section 8 Company In Assam

  1. Memorandum of Association (MOA): Outlines the company’s charitable objectives, scope, and activities per Section 8 requirements.
  2. Articles of Association (AOA): Defines internal rules, governance, and management procedures.
  3. Consent to Act as Director (Form DIR-2): Signed consent from each proposed director.
  4. Declaration by First Directors: Affirmation of compliance by initial directors.
  5. PAN Card: Mandatory identity proof for all directors and members.
  6. Address Proofs: Aadhaar, Passport, Voter ID, or utility bills for directors and members.
  7. Photographs: Recent passport-sized photos of directors and members.
  8. Director Credentials: DIR-2, DIN, and Class 3 DSCs for all directors.
  9. Registered Office Proof: Rent agreement, NOC, latest utility bill for rented premises; ownership deed or property tax receipt and utility bill for owned premises.
  10. Charitable Objective Documentation: Detailed statement of the non-profit purpose and supporting proof or declarations.

Online Process for ROC Filing For Section 8 Company In Assam

  1. Prepare Financial Statements: Finalize the audited financials, Board’s Report, and Annual Return in the prescribed formats.
  2. Hold Board Meeting / AGM: Conduct meetings to approve the financial statements and authorize ROC filings.
  3. Access MCA Portal: Log in at www.mca.gov.in using valid credentials.
  4. File Form AOC-4: Upload the audited financial statements and supporting documents, signing with the authorized director’s DSC.
  5. File Form MGT-7: Submit the annual return with all required company details, attaching DSC for electronic submission.
  6. Pay Government Fees: Make the applicable filing fee payment online after successful form submission.
  7. Download Acknowledgement: Obtain the SRN and acknowledgment receipt as proof of successful filing.
  8. Track Filing Status: Monitor the status of each submission in the “My Workspace” section on the MCA portal.

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