The main objective of the section 8 companies is to promote activities of trade, commerce, arts, charity, education and social welfare etc. minimum 7 persons and 2 directors are required to form section 8 companies and there is no minimum requirement for share capital. Profits of the organisation is applied towards for a growth of the company, members cannot distribute as a dividend to its shareholders. Solubilis provide a section 8 company registration in all over India. We are most popular and prominent service provider with an affordable cost. Our policy and ultimate goal is to satisfy the customer expectation.
Objective of the companies are purely charitable nature
Minimum share capitals are not required
Liability of the company is limited
Central government licence is mandatory to run a company
Company name suffix should be foundation, forum, federation, council or electoral trust etc.
Minimum two directors and shareholders required.
Proposed company is required to have registered office.
Every subscriber and Directors required to have a DSC (Digital Signature Certificate)
Every Directors required to have a DIN (Director Identification Number)
Auditor inspect to provide the declaration
Proposed director & Shareholder - Indian Citizen:
Proof for Address – Bank Statement or Telephone Bill or EB or Mobile Bill (Latest)
Passport Size Photo.
Proposed director & Shareholder - Foreign National:
A Copy of Passport ( Notary and Apostille is required )
A copy of address proof ( Notary and Apostille is required )
A copy of nationality proof ( Notary and Apostille is required )
Two passport size photo
Register Office documents:
If the Office is rental, rental agreement is inevitable
Electricity bill (Not more than two months old required to be submitted)
Occupant needs to provide a No Objection Certificate from landlord to operate the business (NOC) if not rented.
Step 1: Name application:
An application is filed to be reserving the name of the company with the registrar of companies. Applicant is allowed to provide two names and one re-submission.
Step 2: Name Approval / Rejection:
On receipt of the application, CRC (Central Registration Centre) may either approve or reject the application.
Step 3: Application for DSC
Digital Signature Certificate to be obtained for all the subscribers and directors of the company
Step 4: Preparation of MOA & AOA
Every company must draft the MOA and AOA, and it’s a mandatory to attach the digital signature certificate in both documents.
Step 5: Forms and Documents Filing:
Application for Registration of public limited is to be filed along with MOA and AOA, if any, and other requisite documents and fees.
Step 6: Certificate of Incorporation:
On being satisfied, the registrar of companies (ROC) shall issue the certificate of incorporation, will be allotted DIN (Director Identification Number), PAN – (Permanent Account Number) and TAN (Tax Deduction Account Number)
Any individual/organization can become the member of Section 8 Company including foreigners/NRI.
Solubilis is the best service provider; we take 5-7 days to register the private limited 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 the Income-tax Act, 1961.
Yes. Section 8(1) of the Companies Act, 2013 allows persons or associations of persons to be registered as a Section 8 Company on the fulfillment of certain conditions and procedures as prescribed therein. The term “person” has not been defined in the Companies Act, 2013. Section 2(41) of the General Clauses Act, 1897 provides that “person” shall include any Company, or association or body of individuals, whether incorporated or not. Accordingly, a Limited Liability Partnership is a person. Therefore, it can be registered/ converted as a Section 8 Company.
Section 8 companies require a grant of a license by the Central Government. All such licenses are revocable as well on the following grounds:
The company contravenes provisions of Section 8;
Terms of the license are violated;
When there is any fraudulent or it violates its own objectives and public policy.
The Government can even order the company to be wound-up or amalgamated with another similar company under certain circumstances. The Government has to hear the company before passing such orders.
Yes, the conversion is possible.
The life span of the company is not dependent on or related to the life of any particular person(s) or individual(s). It could go on indefinitely until it accomplishes its objective, merges with another such company, or goes bankrupt.
No, Rule 3(6) of the Companies (Incorporation) Rules, 2014 prohibits one person company to invest in securities of anybody corporate.