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ROC Filing For Section 8 Company In Jammu Kashmir

ROC Filing for a Section 8 Company in Jammu & Kashmir involves the timely submission of annual returns, audited financials, and statutory documents in accordance with the Companies Act, 2013. These filings ensure legal compliance, financial transparency, and continued recognition as a registered non-profit entity.

ROC Filing For Section 8 Company In Jammu Kashmir

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

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

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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 Jammu Kashmir

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

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

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 Jammu Kashmir

Overview - ROC Filing For Section 8 Company In Jammu Kashmir

Section 8 companies in Jammu & Kashmir, like their counterparts across India, must fulfill ROC (Registrar of Companies) filing requirements to maintain legal compliance. This includes the mandatory submission of annual documents such as MGT-7 (Annual Return) and AOC-4 (Financial Statements) to the Ministry of Corporate Affairs (MCA). These filings are to be completed electronically and are applicable to all registered companies, including those operating in Jammu & Kashmir, ensuring adherence to statutory regulations and sustained legal standing.

WHAT IS A SECTION 8 COMPANY?

Section 8 companies in Jammu Kashmir, as in the rest of India, are non-profit organizations incorporated under the Companies Act, 2013, with the core objective of advancing charitable, social, educational, environmental, or other philanthropic causes. To retain their legal status and continue enjoying benefits such as tax exemptions and access to public or donor funding, these entities must adhere to the annual compliance and filing obligations prescribed by the Registrar of Companies (ROC).

Eligibility Criteria for ROC Filing – Section 8 Company In Jammu Kashmir

Charitable Objectives: The company must be established with the principal aim of promoting activities that serve the public good, including but not limited to commerce, art, science, sports, education, research, social welfare, religion, charitable initiatives, or environmental sustainability.

Non-Profit Nature: All earnings, if any, must be strictly utilized to further the company’s authorized objectives. Distribution of profits or dividends to members or stakeholders is strictly prohibited.

Board of Directors: A minimum of two directors is required to constitute the board, with at least one director mandatorily residing in India to meet domestic governance requirements.

Membership Requirements: The company must have at least two members at the time of incorporation. There is no statutory cap on the maximum number of members.

Registered Office Address: A valid registered office located within India is compulsory. This office must be capable of receiving legal communications, government notices, and official correspondence.

Limited Liability Protection: Members are shielded by limited liability, meaning their personal assets remain protected and they are only liable to the extent of their capital contribution in the company.

Advantages OF ROC Filing For Section 8 Company In Jammu Kashmir

1. Legal Recognition & Operational Continuity: Timely ROC filings uphold the company’s legal standing under the Companies Act, 2013, enabling uninterrupted, lawful operations and safeguarding its not-for-profit status.

2. Enhanced Credibility & Governance Transparency: Consistent regulatory filings reflect strong governance, fiscal discipline, and transparency—building confidence among donors, funding agencies, government bodies, and the general public.

3. Access to Government Benefits & Welfare Programs: Compliant Section 8 companies in Jammu & Kashmir are better positioned to access central and state-sponsored schemes aimed at supporting charitable, educational, and social welfare initiatives.

4. Continued Tax Exemptions & Donor Incentives: Regular compliance is a prerequisite for retaining approvals under Sections 12A and 80G of the Income Tax Act, enabling income tax exemption for the company and tax deductions for donors.

5. Greater Funding & Partnership Opportunities: Proper documentation and statutory compliance enhance eligibility for institutional grants, CSR funding, and collaborations with national and international non-profit networks.

6. Assurance of Limited Liability: Fulfilling statutory obligations preserves the members’ limited liability status, ensuring their personal assets remain insulated from the company’s financial obligations or legal claims.

7. Perpetual Succession & Long-Term Stability: Regular ROC filings ensure the company remains in “active” status, allowing it to function seamlessly despite changes in directors or members, thereby supporting long-term continuity.

8. Risk Mitigation & Penalty Avoidance: Adherence to filing requirements helps avoid hefty penalties, legal action, director disqualification, or even company strike-off due to non-compliance.

Documents for ROC Filing of a Section 8 Company In Jammu Kashmir

Memorandum & Articles of Association (MOA & AOA): Define the company’s charitable purpose, operational scope, and internal governance, forming the legal foundation for Section 8 compliance.

Director Identification Number (DIN) & Digital Signature Certificate (DSC): Essential credentials for directors, enabling secure identification and authenticated digital submission of statutory documents.

Statutory Declarations (INC-9 & INC-14): INC-9 is a director’s self-declaration of legal compliance, while INC-14 is a professional certificate affirming lawful incorporation.

Identity & Address Proof of Directors and Subscribers: Valid ID and residence documents such as PAN, Aadhaar, Passport, or utility bills to verify the identity and location of directors and members.

Proof of Registered Office Address: Documents validating the company’s official address, including rent agreement and NOC for leased premises, or property proof for owned spaces.

Financial Statements: Audited annual reports including Balance Sheet, Income & Expenditure Statement, and Notes, showcasing the company’s financial performance.

Annual Return (Form MGT-7): Yearly filing outlining company structure, directorship, and shareholding, required to maintain ROC compliance.

Financial Statement Filing (Form AOC-4): Mandatory form for submitting audited financials, board reports, and auditor’s comments to the Registrar of Companies.

Board Resolutions & Meeting Minutes: Certified records of key decisions made by the Board, including financial approvals and compliance authorizations.

CSR-1 (If Applicable): Filed to register CSR activities under Section 135, declaring the company’s intent and outline of social responsibility initiatives.

Online Process for ROC Filing For Section 8 Company In Jammu Kashmir

1. Obtain DSC and DIN: Obtain a Digital Signature Certificate (DSC) for each proposed director through a certified authority, and apply for a Director Identification Number (DIN) by filing Form DIR-3, ensuring compliance with MCA requirements.

2. Name Reservation and Incorporation Process: Propose a distinctive company name and submit it for approval via the to www.mca.gov.in MCA portal. Once approved, proceed with incorporation by filing the SPICe+ form along with the required documentation under Section 8 provisions.

3. Documentation Requirements: Draft the Memorandum and Articles of Association in Form INC-13, submit a professional declaration in Form INC-14, prepare projected income and expenditure statements, and obtain notarized subscriber declarations in Form INC-9.

4. Filing and Certificate Issuance: Submit all incorporation documents digitally via the MCA portal. After successful verification, the Registrar of Companies will issue the Certificate of Incorporation along with the company’s PAN and TAN.

5. License Application and Compliance: Apply for the mandatory Section 8 license by filing Form INC-12. Post incorporation, ensure ongoing statutory compliance including timely submission of annual returns (Form MGT-7) within 60 days of the AGM.

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2023-06-10
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2023-04-07
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