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Section 8 Company Registration

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Why Should I Use Auriga Accounting For Section 8 Company Registration?

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

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 registration

Complete your registration

Your Section 8 Company is registered

Why Should I Use Auriga Accounting For Section 8 Company Registration?

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

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 registration

Complete your registration

Your Section 8 Company is registered

Section 8 Company Registration in India - online process ,fees , Documents Required

A Section 8 Company, Trust, and Society all serve charitable or non-profit objectives, but differ in their legal structures. A Section 8 Company is a registered entity under the Companies Act, offering limited liability to its members and regulated by the Ministry of Corporate Affairs. A Trust is governed by a trust deed, managed by trustees, and regulated by state-specific Trust Acts. A Society is formed under the Societies Registration Act, managed by a governing body or managing committee, and operates under bylaws. While all aim for social welfare, their legal frameworks, governance structures, and regulatory oversight vary.

What is Section 8 Company ?

A Section 8 Company, as per Indian Companies Act, is a non-profit organization formed for promoting commerce, art, science, sports, education, research, social welfare, religion, charity, protection of the environment, or any other noble cause. It’s incorporated with the objective of promoting social welfare and charity work without any intention of making profits. Section 8 companies enjoy several benefits, including tax exemptions and limited liability for their members. They must use their income and assets only for promoting the specified objectives and cannot distribute profits among members. Such companies play a vital role in addressing social issues and driving positive change in society.

Section 8 As per Company's act 2013

Section 8 of the Companies Act, 2013, pertains to the formation of non-profit organizations or companies with charitable objectives. Such companies are established for promoting commerce, art, science, sports, education, research, social welfare, religion, charity, protection of the environment, or any other similar objective. These companies intend to apply their profits, if any, or other income solely for promoting their objectives, and they prohibit the payment of dividends to their members. They must also ensure that their assets are used for promoting their objectives, and in the event of dissolution, any surplus assets must be transferred to another Section 8 company or a similar organization.

The primary feature of a Section 8 company is that it is not formed for profit, and any income or profits earned are used solely for the promotion of its objectives. Additionally, the company must have a minimum of two shareholders and two directors, with the directors being responsible for managing the affairs of the company. Auriga Expert usually complete the Section 8 company within 5-6 days.

Who Is Eligible For Section 8 Company Registration

  • Minimum number of members: A Section 8 company must have a minimum of two members or shareholders to be incorporated. The maximum number of members allowed is generally limited to 200.
  • Directors: A minimum of two directors is required for the incorporation of a Section 8 company. At least one of these directors must be a resident of India, meaning they have resided in India for a cumulative period of at least 182 days in the previous calendar year.
  • Shareholders: A Section 8 company can have shareholders who own shares in the company. The shareholders can be individuals or other legal entities.
  • Legal capacity: The proposed members and directors must have the legal capacity to enter into contracts and be responsible for the obligations of the company.
  • Compliance: Incorporators must comply with the requirements and procedures set forth by the Companies Act 2013, such as filing the necessary documents, paying fees, and adhering to other legal obligations.
Who Is Eligible For Section 8 Company Registration

Benefits of Section 8 Company Registration

  • Limited Liability: The liability of the members of the company is limited to the extent of their contribution towards the company. The personal assets of the members are not at risk in case of any losses or debts incurred by the company.
  • Tax Exemption: Section 8 companies enjoy various tax benefits and exemptions. They are exempted from paying income tax on their profits, and their donors are eligible for tax deductions on their donations.
  • Credibility: A Section 8 company is registered under the Companies Act, 2013, which gives it a legal status and enhances its credibility in the eyes of the public, donors, and other stakeholders.
  • Perpetual Succession: A Section 8 company has a separate legal identity from its members, and its existence is not affected by the death, retirement, or insolvency of its members. It has perpetual succession, which means it can continue to exist even after the original members are no longer associated with it.
  • Easy Fundraising: Section 8 companies can raise funds through donations, grants, and other sources, which makes it easier for them to carry out their charitable activities.
  • Limited Compliance: Section 8 companies have fewer compliance requirements compared to other types of companies. For example, they are not required to hold annual general meetings, and they have relaxed rules for maintaining books of accounts.
Benefits Of Section 8 Company Registration

Documents Required for Section 8 Company Registration

  • Scanned copy of PAN card or passport (foreign nationals & NRIs)
  • Scanned copy of voter ID/Aadhar Card/ Driving Licenses
  • Scanned copy of the latest bank statement
  • Scanned copy of the electricity or gas bill
  • Scanned passport-sized photograph specimen signature (blank document with signature [directors only)
Documents Required For Section 8 Company Registration

process of Section 8 Company Registration

  • Apply for Digital Signature Certificate (DSC): The first step is to obtain a Digital Signature Certificate for all the proposed directors of the company. This certificate is necessary for filing electronic documents with the Registrar of Companies (ROC)
  • Apply for Director Identification Number (DIN): Each proposed director must obtain a unique Director Identification Number by submitting an application to the Ministry of Corporate Affairs (MCA).
  • Apply for Name Reservation: Choose a unique name for the company and submit an application for name availability to the ROC. The name should comply with the naming guidelines provided by the MCA.
  • Prepare Memorandum of Association (MOA) and Articles of Association (AOA): Draft the MOA and AOA, which define the company’s objectives, activities, and internal regulations. These documents need to be stamped and signed by the subscribers.
  • File Incorporation Documents: Prepare the necessary incorporation documents, including the MOA, AOA, and other required forms. These documents need to be filed electronically with the ROC through the MCA portal, along with the prescribed fees.
  • Payment of Stamp Duty: Pay the applicable stamp duty on the authorized share capital of the company. This can be done online or through designated bank branches.
  • Verification and Approval: The ROC will examine the filed documents and may request additional information or clarifications. Once satisfied, the ROC will issue a Certificate of Incorporation, indicating the successful incorporation of the private company.
  • Issuing of Certificate of Incorporation, PAN and TAN : Post approval of Documents from Ministry of corporate affairs’ the department issue documents such as PAN,TAN and Certificate of Incorporation.
  • Post-Incorporation Compliance: After incorporation, the company must fulfill certain post-incorporation compliance requirements, such as issuing share certificates, holding the first board meeting, and appointing an auditor.
Process Of Section 8 Company Registration

when will you have your certificate?

Auriga Accounting Private Limited has Qualified company sectaries all over India, Hauz Khas, and Green Park. SECTION 8 Company registration in India will be done by our qualified professionals In Delhi and as they have experience, they will give you the certificate within 7-10 days and provide you with all the documents related to the company immediately

What you get after Company Registration?

  • Certificate of Incorporation (COI)
  • Company Memorandum of Association (MOA)
  • Company Articles of Association (AOA)
  • Company Pan Card
  • Company Tan Card
  • Class 3 Digital Signature (DSC)
  • Director Identification Number (DIN)
What You Get After Company Registration?

Compulsory Compliances for Section 8 Company Registration

Annual Filings:

  • Form MGT-7: Annual Return filing within 60 days of the Annual General Meeting (AGM).
  • Form AOC-4: Financial Statements filing within 30 days of the AGM.

Financial Disclosures:

  • Form ADT-1: Appointment of Auditor within 15 days of the AGM.
  • Form DIR-3 KYC: Director KYC verification annually.

Income Tax Filings:

  • Form ITR-5: Income Tax Return filing by 30th September each year.

ROC (Registrar of Companies) Filings:

  • Form INC-22A (ACTIVE): Filing of e-form ACTIVE (Active Company Tagging Identities and Verification) for company’s address verification.
  • Form DPT-3: Return of deposits.

ESI (Employee State Insurance) and PF (Provident Fund):

  • File monthly/annual returns and make necessary payments.

Reasonable Price for Filling Section 8 Company Registration

Auriga Accounting Private Limited in India provides Company Registration at a reasonable price or if Section 8 Company Registration from us then we give you a special discount.  Our services are value for money and you never paid a penalty. Our clients are all over India i.e., Chhattisgarh, Assam, Maharashtra, Uttar Pradesh, Delhi, Madhya Pradesh, Bihar, and many other states, and they are very happy with us.  We also give you time-to-time updates with full transparency.

Steps

Fees

Digital Signature Fees

₹ 3000

Government fees ( Stamp Duty)

₹ 1500

Professional Fee

₹ 3499

Total cost

₹ 7999

How Auriga Accounting Helps You – Why Auriga?

For those Individuals and companies who do not have any knowledge regarding SECTION 8 Company Registration, our company Representative team provides knowledge, give relevant information, and explains the full process with proper guidelines, government rules, and regulations

We tell you what benefits you will get by opening a Section 8 Company and, we tell you about all the compliance related to it. We start telling through messages. so that, when the last date or time comes, So, at the time of compliances, Client gets prepared about the company compliances.

The best thing about us is that our clients also tell us, that we give equal time to everyone, we are very happy that our work is liked by our clients, who are sitting in different states, i.e., Andhra Pradesh, Arunachal Pradesh, Goa, Gujrat, Haryana, Himachal Pradesh, Jharkhand, Karnataka, Kerala, and many more states. They cannot come to us, We Cannot go to them, but we are just connected through phones or E-mail. If the client gets satisfied with our work, then it is known that Auriga Accounting did a good job today.

Frequently Asked Questions (FAQs)

No, Section 8 companies are generally exempt from paying income tax on their income derived from activities aligned with their objectives, such as social welfare, education, or research. This exemption is granted underSection 12AA of the Income Tax Act, 1961.
However, there are few exceptions:

  • Income from commercial activities: If a Section 8 company generates income from activities unrelated to its charitable objectives, such as running a commercial restaurant, that income will be subject to regular income tax.
  • Excess income not applied for objectivesAny income earned beyond what's reasonably needed for achieving the company's objectives is also subject to tax.

There are no minimum requirements in terms of capital or shareholding for starting a Section 8 company. However, it must have:

  • At least two promoters/subscribers: These individuals will initiate the incorporation process and become the initial directors.
  • A well-defined objective:The objective should be explicitly mentioned in the company's Memorandum of Association (MoA) and aligned with Section 8 purposes like education, environment, or promoting art and culture.
  • Limited liability protection: Shareholders and directors have limited liability, meaning their personal assets are not at risk for the company's debts.

Whether a Section 8 company needs GST registration depends on its annual turnover and activities. If the company's turnover exceeds the prescribed threshold (currently 40 lakhs in most states), it needs to register for GST. Additionally, even if the turnover is below the threshold, registration might be necessary if the company:

  • Makes interstate supplies of goods or services.
  • Imports goods or services.
  • Acts as a supplier of goods or services to a GST-registered business.

Converting an existing company into a Section 8 Company involves the alteration of the company's Memorandum and Articles of Association and obtaining approval from the Registrar of Companies (RoC). You will need to meet the eligibility criteria, prepare the necessary documents, and follow the prescribed procedure as per the Companies Act, 2013.

A Section 8 Company can be either a private or a public company, depending on its structure and the number of members. It follows the same classification criteria as other companies under the Companies Act, 2013.

You can check the registration status of a Section 8 Company by searching the Ministry of Corporate Affairs (MCA) portal in India. The MCA provides online access to information about registered companies, including Section 8 Companies.

There is no maximum limit for the number of members in a Section 8 Company. The company can have any number of members as required for achieving its objectives.

Alternatives for starting a non-profit organization (NGO) in India include forming a Trust, a Society, or a Section 8 Company. The choice depends on the specific goals, governance structure, and legal requirements of the organization.

Yes, a registered office address is required for starting a Section 8 Company in India. You must provide a physical location where official communications can be received.

No, physical presence is not mandatory for incorporating a Section 8 Company. The incorporation process can be completed online or through the assistance of legal professionals.

Yes, NRIs (Non-Resident Indians) and foreign nationals can be Directors in a Section 8 Company in India. However, they must comply with regulatory requirements, such as obtaining a Director Identification Number (DIN) and fulfilling other legal obligations.

The primary purpose of Section 8 Company registration in India is to promote charitable activities, social welfare, and non-profit objectives. These companies are formed to utilize their profits for the betterment of society rather than distributing dividends to members.

Section 8 Companies are required to comply with various annual compliances, including filing financial statements, annual returns, and conducting board meetings. The specific requirements may vary based on the company's structure and activities.

While Section 8 Companies enjoy certain tax benefits and have a charitable focus, they also face restrictions on distributing profits to members and must adhere to strict compliance requirements. Additionally, obtaining Section 8 status can be time-consuming and involves regulatory scrutiny.

Yes, Section 8 Companies can raise foreign funding with the approval of the government authorities and compliance with the Foreign Contribution (Regulation) Act, 2010.

A Section 8 Company can be either a private or a public company, depending on its Articles of Association and the number of members it has.

Yes, a Section 8 Company can be registered as an MSME if it meets the criteria specified by the MSME Ministry of India, based on factors like turnover and investment in plant and machinery or equipment.

Get more details

Discover the incorporation packages.

Basic

Sutable for startup

7,999 Only
  • Certificate of Incorporation (COI)
  • Company Pan Card
  • Company Tan Card
  • Memorandum of Association (MOA)
  • Articles of Association (AOA)
  • Class 3 Digital Signature (DSC)
  • Director Identification Number (DIN)

Standard

Sutable for Businesses

14,999 Only
  • Basic Plan include
  • GST Registration
  • Auditor Appointment
  • Commencement of business
  • Issuing of share certificate
  • MSME Registration
  • Copies of Business document

Premium

Sutable for Corporates

41,999 Only
  • Standard Plan Include
  • Trademark Registration
  • Current account opening support
  • Annual compliance
  • CSR-1 Registration
  • 12A & 80G Registration

Our Happy Clients!

MD SAHIL
MD SAHIL
2023-06-10
Auriga Accounting is right CA firm is crucial for the financial health of our business. Auriga Accounting is reputable firm with experienced professionals, strong technology infrastructure, good communication, and transparent pricing.
Prince Kushwaha
Prince Kushwaha
2023-06-10
Workplace must be peaceful and be active during work , the Auriga Accounting Private Limited provides relevant and necessary things so employees save their time and complete their task before time period effectively and efficiently
Prince Singh
Prince Singh
2023-06-10
Auriga accouting private limited and it's team provide best service at affordable price. I have done my previous year GSTR and ITR they did it before the time
Priyanka Kumari
Priyanka Kumari
2023-04-07
They are best coordination with me. Time to time inform me how to work and what work is my pending. Time to time updated me about my company profile work like ROC Filling last date, GST filling last date, ITR etc... I have no paid any penalty since I started working with Auriga..
Vishal Singh
Vishal Singh
2023-04-07
Best company for providing services, I recommended to all. They give me the best rate of price and finished work before the time.
Sameer khan
Sameer khan
2023-04-07
The auriga accounting private limited is a reliable and a customer support company the team has give Clear answer towards the customer by which the customer cannot get confused and get necessary detail to solve their queries and auriga provided me good service and delivered my work on time very well coordinate with me and talk very well I suggest if you have any work then call auriga they will definitely finish your work on time
Vivek Shakya
Vivek Shakya
2023-04-07
Great Services , within affordable rate and give full satisfaction on works. Easy to Cordinate, I have done My Previous year ITR , Startup Registration. I am very happy with their services and their first priority is their Customer.
find way
find way
2023-04-06
I'll give a five-star rating, I had doubts about how to start my work in the field of business and they guide me and instruct me on how to start a business. They have a great team.
623 Anjali
623 Anjali
2023-04-06
The Auriga has great services. Efficient communication and really easy way to get help and support.
Anjali Sharma
Anjali Sharma
2023-04-06
Auriga Accounting team represents the highest level of customer services I have experienced.The team gives accurate information and responses to queries very fast, which are customer is facing.

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