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ROC Filing For Section 8 Company In Bihar

ROC filing for a Section 8 Company in Bihar involves submitting all required compliance documents and financial statements electronically via the MCA portal to ensure adherence to legal and regulatory norms. This includes annual returns, audited financials, and other statutory forms essential for maintaining active and compliant company status.

ROC Filing For Section 8 Company In Bihar

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

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

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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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We fill out and file your application for ROC Filing

Complete your ROC Filing

Ready Your ROC Filing For Section 8 Company In Bihar

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

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

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 Bihar

Overview - ROC Filing For Section 8 Company In Bihar

Section 8 companies in Bihar are non-profit organizations registered under the Companies Act, 2013. They are required to fulfill specific ROC (Registrar of Companies) filing obligations, including annual submission of financial statements and compliance returns, tailored to their non-profit nature. Additionally, these companies must adhere to event-based filings such as reporting share transfers, director appointments, and other significant corporate changes, ensuring transparency and regulatory compliance in line with their organizational objectives.

WHAT IS A SECTION 8 COMPANY?

A Section 8 Company is a non-profit organization registered under the Companies Act, 2013, dedicated to promoting charitable, educational, scientific, social, or other welfare-focused activities. Unlike profit-making entities, it does not distribute earnings but reinvests all income to further its mission. To uphold its legal status and credibility, the company must submit annual financial statements, compliance returns, and other statutory documents to the Registrar of Companies (ROC), ensuring transparency, regulatory adherence, and accountability to the public.

Eligibility Criteria for ROC Filing – Section 8 Company In Bihar

  1. Minimum Directors and Shareholders: A Section 8 company in Bihar must have at least two directors and two shareholders. The same individuals may hold both roles simultaneously.

  2. Charitable Objectives: The company must be established exclusively for charitable, non-profit purposes such as promoting education, social welfare, science, arts, or environmental conservation, in accordance with Section 8 of the Companies Act, 2013.

  3. Utilization of Profits: All income or profits generated must be fully reinvested to advance the company’s stated charitable objectives. Distributing profits or dividends to members is strictly prohibited.

  4. Digital Signature Certificate (DSC) and Director Identification Number (DIN): Every proposed director is required to obtain a valid DSC for electronic filing and a DIN for official identification, as per MCA regulations.

  5. Registered Office in Bihar: The company must establish a registered office within Bihar, supported by documentary evidence such as utility bills, rent agreements, or ownership documents.

  6. Drafting of MOA & AOA: The Memorandum of Association (MOA) in Form INC-13 and the Articles of Association (AOA) must explicitly state the company’s charitable objectives and governance framework.

  7. Identity and Address Proofs: All directors and shareholders must submit valid identity and address proofs, including PAN, Aadhaar, and recent utility bills or rental agreements.

  8. No Objection Certificate (NOC): If the company’s office space is rented, a No Objection Certificate from the property owner must be provided, along with supporting address proof documents.

  9. Consent to Act as Director: Each proposed director must furnish a consent letter (Form DIR-2) affirming their willingness to serve as a director.

  10. Disclosure of Interest: All directors are required to disclose their interests in other entities through a declaration, ensuring transparency and adherence to corporate governance standards.

Advantages OF ROC Filing For Section 8 Company In Bihar

Legal Compliance and Credibility: Regular ROC filings affirm that the organization adheres to the stipulations of the Companies Act, 2013, ensuring its legal status remains intact and enhancing its reputation among authorities, donors, and stakeholders.

Increased Transparency and Credibility: Filing comprehensive annual financial reports and statutory returns showcases a commitment to openness and accountability, thereby strengthening trust with donors, beneficiaries, and regulatory agencies.

Boosted Public Confidence: Timely and accurate ROC submissions reflect the organization’s dedication to transparency and responsible management, encouraging greater community support and stakeholder endorsement.

Facilitation of Grants and Donations: Compliance with ROC requirements streamlines the process of securing grants, donations, and funding from government bodies and philanthropic organizations.

Protection of Tax Benefits: Consistent adherence to filing obligations helps maintain eligibility for tax exemptions under sections like 12A and 80G, providing financial advantages for both the organization and its donors.

Legal Safeguards and Risk Reduction: Regular ROC compliance acts as a safeguard against penalties, legal actions, or sanctions resulting from lapses in statutory obligations.

Enhanced Governance and Management: Mandatory filings promote systematic record-keeping, transparency, and sound governance practices, leading to more effective oversight and organizational efficiency.

Foundation for Expansion and Collaboration: A transparent, compliant organization is better positioned to establish partnerships with government agencies, NGOs, and international organizations, facilitating growth and strategic alliances.

Maintains Good Standing with Authorities: Consistent ROC filings ensure the organization remains in good legal standing, avoiding penalties, suspension, or potential dissolution.

Documents for ROC Filing of a Section 8 Company In Bihar

  • Memorandum & Articles of Association (MOA & AOA): These legal documents define the company’s objectives, operational scope, and internal governance framework.

  • Identity & Address Proof of Directors: Submit valid proof such as PAN card, Aadhaar card, passport, voter ID, or driving license for all directors.

  • Registered Office Address Proof: Provide documents like a recent utility bill, property ownership proof, or a rent agreement with supporting documents.

  • Declarations (INC-9 & INC-14): Directors must submit Form INC-9 declaring compliance with legal requirements. Professionals (CA/CS/CMA) must provide Form INC-14 certifying lawful incorporation.

  • Financial Statements: Include projected income and expenditure for the initial years, and submit audited financials annually post-incorporation.

  • Annual Return (Form MGT-7): File this form annually with the Registrar of Companies to report company details, shareholders, and governance structure.

  • Incorporation Forms (SPICe+ INC-32 & INC-12): Mandatory forms for company registration and obtaining the Section 8 license from the Ministry of Corporate Affairs.

  • Consent Letters: Each proposed director and promoter must submit a signed consent letter agreeing to their appointment.

  • No Objection Certificate (NOC): If the company’s registered office is on rented premises, a signed NOC from the property owner is required.

Online Process for ROC Filing For Section 8 Company In Bihar

Create User ID & Login: Register on the MCA portal at https://www.mca.gov.in to create your login ID and password.

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

Prepare Required Documents: Collect all necessary documents, including the Memorandum of Association (MOA), Articles of Association (AOA), director IDs, proof of address, registered office proof, and statutory declarations.

File Incorporation Application: Use the SPICe+ platform to complete and submit the incorporation form along with all supporting documents.

Apply for Section 8 License (if applicable): Submit Form INC-12 to apply for the Section 8 license, attaching the proposed MOA, AOA, income-expenditure estimates, and details of directors and promoters.

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

Verification & Approval: The MCA reviews your submissions. Once verified, the Registrar of Companies (ROC) in Sikkim issues the Certificate of Incorporation and, if applicable, the Section 8 license.

Post-Filing Actions: After approval, obtain Digital Signature Certificates (DSC) and Director Identification Numbers (DIN) if not already acquired. Complete any additional compliance requirements as needed.

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2023-06-10
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2023-04-07
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