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ROC Filing For Section 8 Company In Kerala

To register a Section 8 Company in Kerala, 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 Kerala

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

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

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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 Kerala

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

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

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 Kerala

Overview - ROC Filing For Section 8 Company In Kerala

Section 8 companies in Kerala, established for charitable or non-profit purposes, must comply with specific ROC (Registrar of Companies) filing obligations to maintain legal standing and operational transparency. This includes obtaining Digital Signature Certificates (DSCs) and Director Identification Numbers (DINs) for all directors, securing name approval, and submitting incorporation documents like the Memorandum and Articles of Association (MOA & AOA). Additionally, these companies are required to file annual returns and meet ongoing regulatory compliances under the Companies Act, 2013.

WHAT IS A SECTION 8 COMPANY?

Registering a Section 8 Company in Kerala is a streamlined legal procedure that allows non-profit organizations to formally establish themselves as companies dedicated to social welfare, education, arts, and charitable activities. Under the framework of the Companies Act, 2013, and overseen by the Ministry of Corporate Affairs (MCA), these organizations are eligible to receive donations and grants from public and government sources. Additionally, they enjoy various tax exemptions as provided under the Income Tax Act, 1961. While the registration process involves specific documentation and adherence to regulatory requirements, it can be efficiently completed with the support of experienced professionals.

Eligibility Criteria for ROC Filing – Section 8 Company In Kerala

  1. Legal Registration: The entity must be incorporated as a Section 8 (non-profit) organization under the Indian Companies Act, 2013.

  2. Purpose and Objectives: The organization’s main aims should focus on advancing social welfare, education, arts, religion, charity, science, or similar benevolent causes.

  3. Directorate Composition: A minimum of two directors is necessary for private entities, while public companies require at least three directors.

  4. Registered Address: The organization must have a physical registered office located within Kerala for official correspondence and legal compliance.

  5. Capital Requirements: There is no mandated minimum share capital; however, the capital should be sufficient to support its declared activities and objectives.

  6. Regulatory Compliance: The organization must adhere to all legal standards, including obtaining relevant licenses, permits, and approvals from authorities.

  7. Non-Profit Focus: The activities undertaken should be charitable or social in nature, emphasizing service over profit-making motives.

Advantages OF ROC Filing For Section 8 Company In Kerala

  1. Legal Recognition and Enhanced Credibility: Regular submission of ROC filings solidifies the organization’s official legal status, thereby elevating its reputation and trustworthiness among stakeholders, donors, beneficiaries, and the general public.

  2. Adherence to Legal Standards: Ensuring compliance with all statutory requirements under the Companies Act, 2013, helps the organization avoid penalties, legal sanctions, and possible proceedings, reinforcing its lawful operation.

  3. Fostering Transparency and Responsible Governance: Filing essential documents such as financial statements and annual returns promotes openness, accountability, and integrity, which in turn fosters greater confidence among members, supporters, and regulatory authorities.

  4. Access to Funding and Grants: Proper and timely ROC compliance is crucial for qualifying for various funding opportunities, including government grants, philanthropic donations, and support from charitable organizations and institutional donors.

  5. Positive Public Image and Trust Building: Consistent and punctual filings reflect diligent governance practices, significantly enhancing the organization’s reputation within the community and among potential partners or collaborators.

  6. Ensuring Operational Continuity and Stability: Maintaining an active ROC registration status helps prevent penalties or the risk of deregistration, thereby ensuring uninterrupted service delivery and ongoing project implementation.

  7. Legal Protection for Directors and Members: Compliance with legal requirements offers safeguarding benefits, protecting the organization’s leadership and members from liabilities, disputes, and legal complications.

  8. Facilitating Future Growth and Expansion: A transparent, compliant, and well-documented organization is better positioned to expand its activities, forge strategic alliances, and undertake larger projects successfully.

Documents for ROC Filing of a Section 8 Company In Kerala

  • Memorandum of Association (MOA): A foundational document outlining the company’s objectives, scope of activities, and basic details such as the company’s name, registered office address, and authorized share capital.

  • Articles of Association (AOA): The rulebook that governs the internal management and administration of the company, including procedures for meetings, appointment of directors, and other operational guidelines.

  • Proof of Registered Office Address: Valid documents such as utility bills, lease agreement, or ownership deed that confirm the physical location of the company’s registered office in Kerala.

  • Details of Directors and Members: Comprehensive information including name, address, contact details, and occupation of all directors and members involved in the company.

  • Director Identification Number (DIN): A unique identification number issued by the Ministry of Corporate Affairs (MCA) to each director, necessary for appointment and filing compliance.

  • Digital Signature Certificate (DSC): An electronic signature used to authenticate documents digitally, obtained by each director to facilitate online filings with the ROC.

Online Process for ROC Filing For Section 8 Company In Kerala

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

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

3. Reserve Company Name: Use the MCA’s RUN  Visit www.mca.gov.in (Reserve Unique Name) service to apply for name approval, ensuring it meets Section 8 naming guidelines.

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

5. File SPICe+ Form for Incorporation: Submit the SPICe+ form on the MCA portal with all required attachments—MOA, AOA, office address proof, DSCs, DINs, and declarations.

6. Submit & Pay Fees: Pay the prescribed registration fees online and complete the incorporation application submission.

7. Verification & Certificate of Incorporation: Once verified and approved by the MCA, the ROC issues the Certificate of Incorporation along with the Corporate Identity Number (CIN).

8. Post-Incorporation Compliance: Apply for necessary registrations such as PAN, TAN, GST (if applicable), and ensure adherence to Section 8 regulatory requirements.

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2023-06-10
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