Section 8 Company Service Details in India
1. What is a Section 8 Company?
A Section 8 Company is a non-profit organization established for promoting a charitable purpose such as education, healthcare, social welfare, environmental protection, or any other beneficial objective. It operates under Section 8 of the Companies Act, 2013.
2. Key Features of a Section 8 Company:
- Non-Profit Nature: Profits, if any, are reinvested into the company to further its objectives and not distributed among members.
- Limited Liability: Shareholders' liability is limited to their shares in the company.
- Social Purpose: Focused on activities such as education, charity, art, culture, environmental conservation, etc.
- No Minimum Capital Requirement: Unlike other types of companies, there is no fixed capital requirement for Section 8 Companies.
3. Services Offered:
- Assistance with name reservation and incorporation documents.
- Drafting Memorandum of Association (MOA) and Articles of Association (AOA) tailored to the non-profit objectives.
- Filing incorporation forms with the Registrar of Companies (ROC).
- Support in obtaining PAN, TAN, and GST registration if applicable.
- Compliance assistance for tax exemption under Section 80G and 12A for donor benefits.
- Guidance on maintaining financial and operational transparency for non-profit operations.
4. Benefits of a Section 8 Company in India:
- Tax Exemption: Eligible for various tax exemptions under Sections 12A and 80G.
- Credibility: Adds trust and credibility to your social enterprise.
- Legal Identity: Operates as a separate legal entity, ensuring limited liability for members.
- Eligibility for Grants: Eligible to receive government and international funding for social causes.
5. Documents Required for Section 8 Company Registration:
- Identity and address proof of directors (Aadhar, PAN, passport, etc.).
- Address proof of the registered office (electricity bill, rent agreement).
- Memorandum and Articles of Association specifying the charitable purpose.
- A declaration by the promoters and directors regarding the non-profit nature of the company.
- Financial statements if already in operation.
6. Process to Register a Section 8 Company in India:
- Obtain Digital Signature Certificates (DSC) and Director Identification Numbers (DIN) for directors.
- Choose a name for the company and submit it for approval through the SPICe+ Form.
- Prepare and file the MOA and AOA with the ROC, stating the objectives of the company.
- Submit the application for incorporation with the required documents.
- Upon approval, receive the Certificate of Incorporation and Corporate Identification Number (CIN).
7. Post-Incorporation Compliance:
- Annual Filing: Submit annual returns and financial statements with the ROC.
- Audit Requirements: Conduct and submit annual audits as per regulations.
- Tax Filing: Ensure compliance with tax regulations, including filing income tax returns and availing exemptions.
- Donor Certificates: Provide donation receipts eligible for tax benefits under Section 80G.
Why Choose Us?
We offer comprehensive support for establishing a Section 8 Company, ensuring a smooth registration process, legal compliance, and guidance on maximizing the social impact of your organization.