Requirements for Section 8 Company Registration

Following are some vital requirements for Section 8 Company Registration:

1. Directors:

For Section 8 Company Registration in India, a minimum of 2 Directors is required.

2. Capital Requirement:

There is no minimum paid-up capital for the Registration of Section 8 Company. NGOs in India established as a Section 8 company need not use the words Private Limited or Limited in their name.

3. Management

Section 8 Company is managed by the BoD (Board of Directors) as per AoA & MoA of the Company, unlike other Trusts that are handled by the Trustees as per the Trust Deed.

4. Regulation under various Acts:

Section 8 Company needs to follow the Rules & Regulations prescribed under the Companies Act, 2013. It needs to file returns & maintain Books of Account with ROCs. Section 8 Company can’t make any alterations to the provisions of the Memorandum of Association (MoA) & Articles of Association (AoA) without the prior consent of the Central Government and it should follow the provisions of the GST Law & Income Tax Act.

5. Charitable Objects:

In India, Section 8 Companies are registered with non-profit objectives. The AoA & MoA must mention the purpose for which it is set up. Any profits earned by the Section 8 Company is utilized for the furtherance of its main objectives i.e., charitable purposes in the Company. The profits will not be distributed among its members.

6. DSC and DIN:

DSC or Digital Signatures of all the proposed Company’s Directors are necessary for the Registration because the forms for the Registration process are filed online & should be digitally signed. Apart from DSC, you need to apply for DIN for the Directors and the application for allotment of DIN must be filed in Form DIR-3 or along with the SPICe+ Form for the Registration.

Documents Required for Section 8 Company Registration

Following are some crucial documents required for the Registration of Section 8 Company:

Identity/Address proof of Directors or Shareholders:

  • Passport-size photographs of Directors/Shareholders
  •  Copy of DL or Voter ID
  •  Copy of latest bank statement & utility bills
  •  Copy of Aadhar Card
  •  Copy of Passport (In case of NRI or Foreign National)

Address proof of Registered Office:

  •  Copy of latest electricity bill water bill or gas bill (not older than 2 months)
  •  In the case of a rented office, a Rent Agreement is required
  •  NOC from the property owner

Other Documents:

  •  MoA & AoA
  •  Consent of Nominee (INC-3)
  •  DSC (Digital Signature Certificate)
  •  Declaration by the 1st Director Subscriber (an affidavit is not required)
  •  Copy of Incorporation Certificate of an overseas corporate body (if any)
  •  A Resolution passed by the promoter company
  •  Declaration of unregistered companies
  •  Residential & identity proof of subscribers & nominees
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