Incorporation of Section 8 Company

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  • DIN for 2 partners
  • DSC for 2 directors
  • Name search and approval
  • MOA/AOA
  • ROC registration fee
  • Company PAN Card

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A Non-Profit company is regulated by section 8 of the Indian Companies Act 2013 and administered by the Ministry of Corporate Affairs - MCA. It is usually formed for promoting science, art, commerce, charity, religion or any other purpose that is useful to society. Section 8 company has limited liability and cannot make any profits also there is no minimum paid-up capital required for the purpose of a company incorporated under section 8.

Purpose of Non-Profit companies

The main purpose of establishing a company under section 8 is to promote non-profit objectives such as trade, commerce, arts, charity, education, religion, environment protection, etc. The profits/incomes of the company if any, are applied towards promoting the objectives of the company and are not distributed as dividends to its shareholders also there is no minimum paid-up capital required for the purposes of a company incorporated under section 8.

Minimum requirements for Non-Profit Company

  • There must be at least two shareholders.
  • There must be at least two directors (directors and shareholders can be the same person);
  • At least one of the director should be an Indian Resident.
  • No requirement for minimum capital.
  • PAN Card is mandatory 
  • Identity Proof (Voter ID / Aadhar Card / Driving License / Passport)
  • Address Proof (Electricity bill/ telephone bill/mobile bill/bank statement)
  • Registered Office Address Proof (rent agreement along with latest rent receipt if rented premise along with NOC of the landlord)
  • Sale Deed / House Tax Receipt (if the premise is owned by either the director or the promoter.

Procedure for the incorporation of a section 8 company

  • Step 1 - Obtain DSC of the proposed director. After receiving DSC file Form DIR-3 with ROC for getting a DIN.
  • Step 2 - Once the DIR-3 is approved, the ROC will allot DIN.
  • Step 3 - File Form INC-1 with the ROC for applying for a company. A total of 6 names can be applied, out of which one would be allotted.
  • Step 4 - After approval file FORM INC-12 with the ROC to apply for a licence for the section 8 company. Documents to be attached with INC-12:
        • Draft MOA as per Form INC-13
        • Draft AOA
        • Declaration as per Form INC-14 (Declaration from practising chartered accountant)
        • Declaration as per Form INC-15 (Declaration from each person making an application)
        • Estimated income and expenditure for the next 3 years.
  • Step 5 - Once the form is approved, a license under section 8 will be issued in FORM INC-16.
  • Step 6 - After obtaining the license, file SPICe form 32 with the ROC for incorporation along with the following attachments:
        • An affidavit from all the directors cum subscribers – INC-9.
        • Declaration of deposits.
        • KYC of all the directors.
        • Form DIR-2 with its attachments i.e. PAN card and address proof.
        • Consent letter of all directors.
        • Interest in other entities of the directors
        • Utility bill as proof of office address
        • NOC in case the premises are leased/rented.
        • Draft MOA and AOA
If the ROC is satisfied with the forms submitted, a certificate of incorporation is issued along with a unique company identification number - CIN.

 How does Taxolawgy help you with registering a Non-Profit Company?

  • Provides free consultation by our team of experts.
  • Connects with highly qualified lawyers, who:
    • Work for you so you don’t face any hassles
    • Solve all your queries
    • Help you submit the correct paperwork.