Section 8 Company Registration (NGO) in India at Professional Fees of Rs. 2999/- only
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About Section 8 Company/NGO
A Section 8 Company or NGO is an organization which is registered as a Non-Profit Organization (NPO). NPO/company has its objective of promotion of arts, commerce, charity, education, protection of environment, science, social welfare, sports, research, religion and intends to apply its profits, if any, or other income in promoting its objects. It functions exactly like a limited company including all the rights and obligations that come with such a company. However, it differs from a company in one very crucial aspect, i.e. it cannot use the words “Section 8” or “Limited” in its name. You can register using mca services by going through it website www.mca.gov.in . This website is managed by Indian government through Ministry of corporate affairs. More about section 8 Company: click here
Who can apply for registration of a Section 8 Company?
Any person or an association of persons intending to register a limited liability company for objects specified below can opt to apply for registration of Section 8 Company.
The following have to be proved to the satisfaction of the Central Government that:
★ It is incorporated for the promotion of commerce, art, science, education, research, sports, charity, social welfare, religion, protection of environment or any such other object.
★ It intends to apply all its profits, income, or other earnings, in promoting these objects.
Pays no dividend or income to its members
Benefits of Section 8 Company
✓ Separate legal entity: Section 8 company has a distinct legal entity which means the company’s existence is different from its members. The company has a perpetual existence along with greater flexibility.
✓ Limited Liability: The Section 8 Companies enjoy limited liability even without adding the words “Limited” or “Private Limited”., it does not affect their limited liability.
✓ Minimal share capital: Unlike the other limited companies like public, private, or one person, a Section 8 company does not need much share capital to set up the entity.
✓ Exemptions: There are many exemptions provided to companies registered under Section 8 of the Companies Act 2013 related to board meeting, women director, notices etc.
✓ Credibility: Section 8 Companies are more reliable than all other forms of charitable organizations. They are governed by the Companies Act and are regulated strictly. Such as the requirement of a mandatory annual audit, or the MOA and AOA cannot be altered at any stage or situation.
Name Requirement for Registration of Section 8 Company
✪ Suffix – The name shall include the words foundation, Forum, Association, Federation, Chambers, Confederation, council, Electoral trust and the like etc.
✪ Meaningful – The name of your Section 8 Company should indicate the principal objects of the Company as set out in its MOA.
✪ Unique-You are not allowed to name your Company that is exactly same or identical to an existing company .
✪ Restriction – There is no need to add the word Limited or Private Limited to its name.
Procedure for Section 8 Company Registration in India
Step 1: Complete the Form send by us and fill the details and send to us
Step 2: We will apply digital signature of the directors and it will take 1-2 days.
Step 3: We will File the Names submitted by you. Approval normally takes 3-4 Days.
Step 4: Once Name Approved we will file documents/Forms to ROC for Incorporation.
Step 5: ROC verify the Forms and Issue Registration Certificate.
Minimum Requirement for Section 8 Company Registration
Minimum 2 Shareholders
Minimum 2 Directors
Charitable Objects
Business Place
Documents Required for Section 8 Company Registration
PAN Card
Copy of PAN Card of all resident Director exception for Non Resident.
Photograph
Passport Size color photograph of all directors.
Identity Proof
Anyone : Aadhar Card, Driving license, Voter ID and Passport of all directors
Office Proof
If Rented Property Rent Agreement along with NOC by owner.
Address Proof
Anyone : Bank Passbook, Mobile Bill, Water Bill or Gas Bill of all directors
Utility Bill of office
Anyone : Electricity Bill, Telephone Bill, Water Bill or Gas Bill.
Frequently Asked Question(FAQ)
Section 8 Companies are exempted to suffix Limited/ Private Limited with the name of the company. What is the significance of this exemption? Does it affect their limited liability?
No, the Section 8 Companies enjoy limited liability even without adding the words “Limited” or “Private Limited”. No, it does not affect their limited liability.
Are there any prescribed criteria with respect to Minimum and Maximum number of directors in a Section 8 Company?
The prescription under section 149(1) of Companies Act 2013 as to having Minimum of three directors for public limited company and two directors for private limited company and maximum of fifteen directors is not applicable to section 8 company and thus there is no prescription with respect to minimum or maximum directors in a section 8 Company
Can shareholder of section 8 company be a director of the same?
Yes, there is no specific prohibition on such appointment as director
Whether Section 8 Company can be formed for providing advisory, consulting services to Section 8 Companies?
Yes, in line with the objects of the Companies Act, 2013
Can I Register a company at my residential address ?
Yes, there is no need to have a commercial space for registering a company in India.
Can a salaried person become director of company ?
Yes, there is no legal hurdle, However employment agreement may have some restriction, you are advised to refer to same or speak to us for more clarity.
Whether Section 8 Company can alter its objects?
If yes, if any permission required? Yes, the objects of Section 8 Company can be altered by taking shareholders’ approval and approval of Registrar of Companies in terms of Section 8.
Can a company registered under Section 8 be converted into any other company?
Yes, a Section 8 Company can be converted into any other company including OPC as prescribed under Section 8(4)(ii) read with Rules 21 and 22 of Companies (Incorporation) Rules, 2014. This is further subject to restrictions and compliances as per other applicable laws including Income tax Act, 1961.
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