Section 8 Company Registration

Section 8 companies aim to promote activities like trade, commerce, arts, charity, education, and social welfare. With a minimum of 7 persons and 2 directors, these companies require no minimum share capital. Profits are reinvested for organizational growth, prohibiting dividend distribution to shareholders. Solubilis offers Section 8 company registration in India, known for affordable and reliable services. Our commitment is to meet customer expectations, making us a popular and trustworthy choice. Section 8 Companies in India enjoy certain tax benefits. They can qualify for exemptions under the Income Tax Act, allowing them to be eligible for tax deductions on the income generated from their charitable activities.

Characteristics of a section 8 company:

Section 8 companies exhibit the following characteristics:

  • Objectives are purely charitable in nature.
  • No minimum share capital requirement.
  • Limited liability.
  • Mandatory central government license.
  • Company name suffix must be foundation, forum, federation, council, or electoral trust.

Pre-requisites:

  • Section 8 company registration online needs Minimum two directors and shareholders.
  • Registered office for the proposed company.
  • Digital Signature Certificates (DSC) for subscribers and directors.
  • Director Identification Numbers (DIN) for every director.
  • Declaration by the auditor.

Solubilis provides seamless Section 8 Company registration online services.

For Indian Citizens as Proposed Directors & Shareholders:

  • PAN Card
  • Online Section 8 Company registration needs Aadhar Card
  • Address Proof (Bank Statement, Telephone Bill, EB, or Mobile Bill - Latest)
  • Passport Size Photo

For Foreign Nationals as Proposed Directors & Shareholders:

  • Copy of Passport (Notary and Apostille required)
  • Address Proof (Notary and Apostille required)
  • Nationality Proof (Notary and Apostille required)
  • Two passport size photo

Registered Office Documents:

  • Rental Agreement (if rented)
  • Electricity Bill (not more than two months old)
  • Occupant needs to provide a No Objection Certificate from landlord to operate the business (NOC) if not rented.

Solubilis ensures a smooth process for Section 8 company registration.

Step 1: Name application:

  • Name Application Submit an application to reserve the company name with the Registrar of Companies. Provide two names and one resubmission if needed.

Step 2: Name Approval / Rejection:

  • Name Approval/Rejection CRC (Central Registration Centre) will either approve or reject the name application.

Step 3: Application for DSC

  • Application for DSC Obtain a Digital Signature Certificate for all subscribers and directors.

Step 4: Preparation of MOA & AOA

  • Preparation of MOA & AOA Draft the Memorandum of Association (MOA) and Articles of Association (AOA) with mandatory digital signature attachments.

Step 5: Forms and Documents Filing:

  • Forms and Documents Filing File the application for the registration of a public limited company, including MOA, AOA, and other required documents with fees.

Step 6: Certificate of Incorporation:

  • Certificate of Incorporation Upon satisfaction, the Registrar of Companies (ROC) issues the Certificate of Incorporation, along with allotted DIN, PAN, and TAN. Solubilis ensures a smooth incorporation process.

FAQ'S


Section 8 Companies welcome members from all backgrounds, offering inclusivity for individuals and organizations, including foreigners and NRIs.

The Section 8 company registration process typically takes around 20-30 days, ensuring a thorough and efficient completion for those looking to establish a non-profit organization.

Yes! A Section 8 Company has the flexibility to transform into any other company, including an OPC, in accordance with Section 8(4)(ii) and Rules 21 and 22 of Companies (Incorporation) Rules, 2014. Compliance with relevant laws, especially the Income-tax Act, 1961, is essential for a smooth conversion.

Yes! According to Section 8(1) of the Companies Act, 2013, both individuals and associations can register as a Section 8 Company by meeting specified conditions. The term "person" includes companies, associations, and bodies of individuals, making Limited Liability Partnerships eligible for registration or conversion into a Section 8 Company.

Section 8 companies need a license from the Central Government, and these licenses can be revoked if certain conditions are breached.
Grounds for revocation include contravention of Section 8 provisions, violation of license terms, fraudulent activities, deviation from the company's objectives, and acting against public policy.
In extreme cases, the Government can order the winding-up or amalgamation of the company with another under specific circumstances. Prior to such orders, the Government must provide the company with an opportunity to present its case.

Yes. The conversion is possible.

The life of a Section 8 company is independent of any individual's lifespan. It can continue indefinitely until it fulfils its goals, merges with another company, or faces insolvency. This perpetual existence is a distinctive feature of Section 8 companies.

No, according to Rule 3(6) of the Companies (Incorporation) Rules, 2014, a one person company is prohibited from investing in securities of any other corporate entity.

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