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What is a Section 8 Company?


A Section 8 Company is a legal entity established with the primary objective of promoting charitable activities, such as arts, education, sports, environment protection, research, and social welfare. Unlike other companies, a Section 8 Company does not aim to earn profits, and any income generated is used to further its charitable objectives. This type of company is similar to a trust or society, but with the added benefit of being recognized as a corporate entity.

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Key Features of an LLP

Non-Profit Objective

Formed for promoting commerce, art, science, sports, education, research, social welfare, religion, charity, or environmental protection, without profit motives.

Limited Liability

The liability of members is limited to the amount they contribute towards shares, protecting personal assets.

No Minimum Capital Requirement

Section 8 companies can be started with no minimum capital requirement, making it accessible for social or charitable causes.

No Dividends

Profits, if any, must be reinvested in the company’s objectives and cannot be distributed as dividends to members.

Tax Advantages

Eligible for various tax exemptions under the Income Tax Act, subject to certain compliance and conditions.

Benefits of Registering a Section 8 Company

 

  • Tax Exemptions: Section 8 Companies are eligible for various tax benefits, including exemptions under Section 12A and 80G, providing financial relief for non-profit operations.
  • Credibility and Trust: Being registered under the Companies Act, Section 8 Companies are highly credible, which helps in gaining donor trust and securing grants.
  • Perpetual Existence: The company’s existence is not affected by changes in its membership, ensuring continuity of operations.
  • Corporate Entity Status: As a corporate entity, a Section 8 Company enjoys greater transparency and governance standards than other non-profit structures like trusts or societies.
  • Government Grants: Section 8 Companies are eligible to apply for government grants and benefits to support their objectives.

 

Our Section 8 Company Registration Services

 

At Legal India Tax, we simplify the complex process of registering a Section 8 Company. We ensure that all legal requirements are met, allowing you to focus on your charitable work.

Our services include:

  1. Name Reservation: We help you choose and reserve a unique name for your Section 8 Company with the Registrar of Companies (ROC).
  2. Digital Signature Certificate (DSC): We assist in obtaining DSCs for directors, which are required for filing incorporation documents.
  3. Director Identification Number (DIN): We apply for DINs for all proposed directors, which is necessary for incorporation.
  4. Drafting of MOA and AOA: We prepare the Memorandum of Association (MOA) and Articles of Association (AOA) tailored to the company’s charitable objectives.
  5. Filing of Incorporation Documents: We handle the submission of incorporation forms and other legal documents with the ROC.
  6. License under Section 8: We help obtain the license under Section 8 of the Companies Act from the Ministry of Corporate Affairs (MCA), which is mandatory for non-profits.
  7. Certificate of Incorporation: Once approved, we deliver the Certificate of Incorporation, officially establishing your Section 8 Company.
  8. PAN & TAN Application: We assist in obtaining the company’s PAN and TAN, which are required for tax filings and compliance.

 

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Documents Required for Section 8 Company Registration

 

To register a Section 8 Company, you will need the following documents:

  • For Directors/Shareholders:

    • PAN Card (mandatory for Indian citizens)
    • Aadhar Card (or other government-issued ID proof)
    • Address proof (electricity bill, bank statement, etc.)
    • Passport-size photographs

 

  • For Registered Office:

    • Proof of address (rent agreement or utility bill)
    • NOC from the property owner (if the office is rented)

 

Our Simple Registration Process

 

We make registering a Section 8 Company easy with our streamlined process:

  1. Consultation: We help you understand whether a Section 8 Company is the right structure for your charitable objectives.
  2. Documentation: We assist in gathering all the necessary documents and prepare the legal paperwork for filing.
  3. Filing: We handle the submission of incorporation forms and the Section 8 license application with the ROC and MCA.
  4. Incorporation Certificate: After approval, you will receive your Certificate of Incorporation and can start your non-profit operations.

Why Choose Legal India Tax for Section 8 Company Registration?

Reasons to choose Legal India Tax

Expert Guidance

Our team of experts ensures that your Section 8 Company is registered in compliance with all legal requirements, making the process smooth and hassle-free.

Affordable Pricing

We offer transparent pricing, with no hidden fees or extra charges.

Fast and Efficient

We provide fast processing and support to get your Section 8 Company registered as soon as possible.

Ongoing Support

From name approval to post-registration compliance, we offer comprehensive support throughout the process.

Who Should Choose a Section 8 Company?

 

A Section 8 Company is the ideal structure for:

  • Non-Profit Organizations: Charitable organizations focused on social welfare, education, healthcare, arts, and other community services.
  • NGOs and Trusts: Existing non-profits that want to formalize their operations and gain corporate status for increased credibility.
  • Philanthropists and Social Entrepreneurs: Individuals looking to start a non-profit entity with the flexibility and governance of a corporate structure.

 

Get Started with Your Section 8 Company Registration Today!

 

If you’re ready to make a difference and want to establish a non-profit company with legal credibility, Legal India Tax is here to help. Let our experts guide you through the registration process so you can focus on your charitable mission.