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ROC Filing For Section 8 Company In Karnataka

To register a Section 8 Company in Karnataka, apply through the MCA portal by obtaining DSCs, DINs, and filing required forms for name reservation and license. Upon approval, the company is incorporated and issued a Certificate of Incorporation.

ROC Filing For Section 8 Company In Karnataka

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

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

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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 Karnataka

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

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

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 Karnataka

Overview
Eligibility
Advantages
Documents
Process

Overview - ROC Filing For Section 8 Company In Karnataka

ROC filing for a Section 8 Company in Karnataka is a statutory requirement under the Companies Act, 2013. It involves the electronic submission of annual returns, audited financial statements, and other necessary documents via the Ministry of Corporate Affairs (MCA) portal. This process ensures the company remains legally compliant, transparent in its operations, and eligible for tax benefits and government funding. Timely filings also help avoid penalties and uphold the organization’s credibility as a registered non-profit.

WHAT IS A SECTION 8 COMPANY?

Registering a Section 8 Company in Kerala is a structured legal process that enables non-profit organizations to gain formal recognition as companies focused on promoting education, social welfare, arts, and charitable causes. Governed by the Companies Act, 2013 and regulated by the Ministry of Corporate Affairs (MCA), such entities are eligible to receive public and government donations, along with tax exemptions under the Income Tax Act, 1961. Though the procedure requires specific documentation and compliance with legal norms, it can be smoothly executed with the guidance of experienced professionals.

Eligibility Criteria for ROC Filing – Section 8 Company In Karnataka

  • Legal Registration: The company must be incorporated under Section 8 of the Companies Act, 2013.

  • Non-Profit Objectives: Its objectives should focus on charitable purposes such as education, art, science, commerce, sports, research, social welfare, environmental protection, or similar causes.

  • Private or Public Structure: The company should be registered as either a private limited or public limited entity.

  • Minimum Directors: A minimum of two directors is required for a private limited company and three for a public limited company.

  • Profit Reinvestment: Any income or profits must be reinvested in furthering the company’s objectives and not distributed as dividends.

  • Resident Director: At least one director must be a resident of India.

  • Charitable License: The company must obtain a license from the Central Government under Section 8 before incorporation.

Advantages OF ROC Filing For Section 8 Company In Karnataka

  • Legal Recognition: Grants the company a separate legal identity, allowing it to own property, enter contracts, and operate independently of its members.

  • Limited Liability: Protects members by limiting their liability to the extent of their capital contribution.

  • Tax Benefits: Makes the company eligible for various tax exemptions under the Income Tax Act, 1961.

  • Enhanced Credibility: Boosts trust and transparency, making it easier to secure support from donors, CSR funds, and government agencies.

  • Access to Funding: Enables the company to receive grants, donations, and international funding due to its recognized non-profit status.

  • Regulatory Structure: Ensures proper governance and accountability through mandatory compliance and reporting requirements.

  • Perpetual Succession: Ensures the company’s continuity regardless of changes in its management or membership.

Documents for ROC Filing of a Section 8 Company In Karnataka

  • Memorandum & Articles of Association (MOA & AOA): The MOA defines the non-profit objectives and activities of the company, while the AOA outlines internal governance, management rules, and duties of directors and members.

  • Director Identification and Consent:  Includes PAN, Aadhaar, Passport, or Voter ID for identity proof; DIN (Director Identification Number) if not already obtained; and a signed DIR-2 form confirming consent to act as director and declaration of eligibility.

  • Digital Signature Certificate (DSC):  Mandatory for all proposed directors to electronically sign incorporation documents via the MCA portal.

  • Registered Office Proof & No Objection Certificate (NOC):  Includes a recent utility bill, rent agreement or ownership proof, and an NOC from the owner if the premises is rented.

  • Declaration in Form INC-14: A certification from a practicing professional (CA/CS/CMA) affirming the company meets all conditions under Section 8 of the Companies Act, 2013.

  • Photographs of Directors:  Recent passport-size photos of all directors for official identity and record purposes.

  • License Application (Form INC-12):  Filed online with attachments including MOA, AOA, and declarations to obtain the Section 8 license from the Central Government.

  • Auditor Appointment (Post-Incorporation): After registration, Form ADT-1 must be filed to appoint the company’s statutory auditor within 15 days of the AGM.

Online Process for ROC Filing For Section 8 Company In Karnataka

  1. Obtain Digital Signature Certificate (DSC): Directors must acquire a valid DSC from a licensed certifying authority to sign electronic documents securely.

  2. Apply for Director Identification Number (DIN): If not already obtained, directors should apply for a DIN through the MCA portal by submitting an online application along with the required supporting documents.

  3. Reserve Company Name: Use the MCA’s RUN (Reserve Unique Name) service available at www.mca.gov.in to apply for name approval. Ensure the proposed name complies with Section 8 naming guidelines.

  4. Draft MOA & AOA: Prepare the Memorandum of Association and Articles of Association tailored to the non-profit objectives of a Section 8 company.

  5. File SPICe+ Form for Incorporation: Complete and submit the SPICe+ form on the MCA portal, attaching all necessary documents such as MOA, AOA, proof of registered office, DSCs, DINs, and declarations.

  6. Submit & Pay Fees: Pay the prescribed registration fees online and finalize the application for company incorporation.

  7. Verification & Issuance of Certificate: Upon review and approval by the MCA, the ROC issues the Certificate of Incorporation along with the CIN (Corporate Identity Number).

  8. Post-Incorporation Compliance: Obtain essential registrations like PAN, TAN, and GST (if applicable), and ensure ongoing compliance with Section 8 regulations and other statutory requirements.

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2023-06-10
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2023-04-07
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