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Section 8 Company registration

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    Section 8 Company Registration - Online Process, Documents Required, Cost

    Section 8 company registration stands out as the preferred choice for NGOs, boasting heightened credibility among donors, government bodies, and stakeholders. Governed by the Companies Act, 2013, it offers superior benefits compared to conventional charitable institutions.

    The primary aim of a Section 8 company is to advance various fields such as arts, sports, commerce, science, religion, social welfare, charity, and environmental protection. Notably, it can be established as either a private limited or a public limited company.

    At Professional Utilities, our seasoned team excels in facilitating seamless Section 8 company registration. With our expertise, we alleviate your concerns regarding documentation and the registration process. Rest assured, we handle all requirements meticulously, ensuring swift and efficient incorporation, backed by years of experience in company registration.

    What is Section 8 Company?

    Section 8 company emerges as a progressive alternative to traditional Society and Trust structures, offering a plethora of advantages in charitable institution registration. Renowned as the foremost choice for NGO registration in India, Section 8 companies boast simplicity in their registration, operation, and management.

    Distinguished by its commitment to advancing non-profit objectives across various sectors including commerce, art, science, sports, education, research, social welfare, religion, charity, and environmental protection, Section 8 companies exemplify versatility and impact.

    Effective from April 1, 2021, the mandate for all NGOs to file Form CSR-1 via the MCA portal underscores a pivotal shift in regulatory compliance. This mandatory filing requirement aims at enhancing the oversight and transparency of CSR expenditures nationwide, ensuring efficient monitoring and utilization of CSR funds by social organizations and implementing agencies.

    Minimum requirements for Section 8 Company registration

    • Minimum 2 directors are required if Section 8 company is incorporated as a private limited company
    • Minimum 3 directors in case of incorporation as a public limited company
    • At least one director should be the resident of India
    • Registered office address
    • The objective of the company should be for charitable or social purpose only
    • The profit cannot be shared among shareholders

    Procedure of Section 8 Company registration

    STEP 1

    Digital Signature Certificate

    Incorporating a Section 8 Company is seamlessly digitized, necessitating the acquisition of a Digital Signature Certificate (DSC) as a compulsory prerequisite. Both directors and subscribers to the company’s memorandum must procure a DSC from certified agencies. Acquiring a DSC entails a swift online process, typically completed within 24 hours. This streamlined procedure involves three straightforward verifications: document verification, video verification, and phone verification.

    STEP 2

    Name Approval

    To apply for the name of a Section 8 Company, the SPICe RUN form within the SPICe+ form framework is utilized. During the name application process, it is imperative to specify the industrial activity code and the object clause of the company.

    STEP 3

    Section 8 License

    To procure the license for a Section 8 Company, Form INC-12 must be submitted to the Registrar of Companies. Before the issuance of the Certificate of Incorporation, an approval letter under Section 8 of Part 1, i.e., the License under Section 8(1) of the Companies Act, 2013, is issued by the Ministry of Corporate Affairs. Upon approval by the Central Government, the ROC will allocate a 6-digit Section 8 license number.

    STEP 4

    Filing of SPICe Form

    Following the name approval, the next step involves drafting the registration details of the company in the SPICe+ form. This simplified proforma facilitates electronic incorporation of the company and encompasses the following details:

    • Details of the company
    • Details of the member and subscriber
    • Application for Director Identification Number (DIN)
    • Application for PAN and TAN
    • Declaration by director and subscriber
    • Declaration & certification by professional

    STEP 5

    Filing of e-MoA e-AoA

    SPICe e-MoA and e-AoA are interconnected forms that need to be drafted during the company registration process.

    The Memorandum of Association (MoA), as per section 2(56) of the Companies Act 2013, serves as the fundamental document outlining the company’s constitution, powers, and objectives, laying the groundwork for its operations.

    On the other hand, the Articles of Association (AoA), defined under section 2(5) of the Companies Act, delineate the specific rules and regulations governing the management and operation of the company.

    Section 8 Company Registration Fees

    Steps Cost (Rs.)
    Digital Signature Certificate
    2,000
    Government Fee
    1,500
    Professional Charges
    3,999
    Total Charges (all inclusive)
    7,499
    • This outlines the registration fees for establishing a Section 8 Company, totaling ₹7,499, which includes digital signature certificate fees, government fees (stamp duty), and professional fees.

    Documents required for Section 8 Company registration

    • To comply with the Companies Act 2013 for Section 8 company registration, the following identity and address proofs are required for submission on the Ministry of Corporate Affairs (MCA) portal:

    Identity and Address Proof of Directors/Shareholders:

    • Passport size photographs of the directors
    • Copy of Aadhar Card
    • Copy of Driving License or Voter ID
    • Copy of PAN Card or Passport (for foreign nationals or NRIs)
    • Copy of the latest bank statement and utility bill

    Address Proof of Registered Office:

    • Copy of electricity/water/gas bill (not older than two months)
    • Rent agreement (if the office is rented)
    • No Objection Certificate (NOC) from the owner of the property
    • Ensuring the submission of these documents facilitates the Section 8 company registration process in compliance with regulatory requirements.

    Documents you’ll get after company registration

    Following are the documents you’ll receive after registering an LLP in India:

    • Certificate of Incorporation
    • LLP Agreement
    • FiLLip Form
    • Form-3
    • LLP PAN
    • LLP TAN
    • Payment Challan
    • Company Master data
    • DSC and DPIN for designated partners

    Explore Our Fees

    Basic

    Suitable for Starter
    ₹ 7,499 Services Offered
    • Incorporation Certificate
    • DSC for 2 Directors
    • DIN for 2 Directors
    • Stamp Duty Charges
    • PAN & TAN
    • Company Master Data
    • MOA & AOA
    • EPF Certificate
    • ESIC Certificate
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    Premium

    Suitable for Businesses
    ₹ 14,499 Services Offered
    • Basic +
    • GST Registration
    • Auditor Appointment
    • Commencement of business
    • Issuance of Share Certificate
    • MSME Registration
    • Copies of Business Documents
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    Pro

    Suitable for Corporates
    ₹ 34,499 Services Offered
    • Standard +
    • Trademark Registration
    • Current Account Opening
    • Annual Compliances
    • Udyam Registration
    • Startup India Registration
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    Why Taxvilla

    On average, it takes around 7-10 working days to register a private limited company in India subject to document verification by MCA.

    • Complete Digital
    • Free Expert Assistance
    • Best Price Guarantee
    • 4.9/5 Google Rating
    • Money Back Guarantee
    • Simple & Fast Process

    Frequently Asked Questions (FAQs)

    You can easily register your private limited company by arranging all the required documents and fulfilling the requirements as per the Companies Act, 2013.
    In order to register your private limited company in India, you need to provide identity and address proof of all the members along with address proof of the registered office.

    Note : You don’t need a commercial place for registration, you can use your residential home address for incorporation.
    No, GST is not mandatory for private limited companies.
    There is no minimum capital requirement for private limited company registration. One can start a company with a share capital of as low as ₹10.
    LLP and Pvt Ltd Company both have their own pros and cons. It completely depends upon the requirement of the business.
    Yes. A Limited Liability Partnership can be converted into a private limited company easily. To read more, refer to this page on

    Overview of Annual Compliance for Private Company.

    Annual Compliance for Private Limited Companies:

    A private company is a separate legal entity that must maintain its active status through regular filings with the Ministry of Corporate Affairs (MCA). It is mandatory for every business entity, regardless of its turnover, to file an annual return and audited financial reports with the MCA for each financial year. These filings are necessary even if the company has not conducted any business activities during the fiscal year.

    Both forms are utilized to report the activities and financial data for the respective financial year. The due dates for annual filing depend on the timing of the Annual General Meeting (AGM). Failure to comply with annual filing requirements may result in the removal of the company’s name from the RoC’s register, along with potential disqualification of directors. The MCA actively implements measures to address such failures.

    Compliances relevant to private limited companies can be categorized into two sections: Mandatory Compliances and Event-Based Compliances.

    Mandatory Annual Compliances.

    Annual Compliance Requirements for Private Limited Companies:

    First Board Meeting: The first meeting of the Board of Directors, including directors, should be held within 30 days of the incorporation of the company. Notice of the meeting must be sent to each director at least seven days prior to the meeting.

    Subsequent Board Meetings: A minimum of 4 board meetings must be held every year with not more than a 120-day gap between two meetings.

    Appointment of First Auditor: The Board of Directors must appoint the first auditor of the company within 30 days of incorporation. The appointed auditor will hold office until the conclusion of the first Annual General Meeting (AGM). Filing of Form ADT-1 is not required for the appointment of the first auditor.

    Appointment of Subsequent Auditor: The Board must appoint the auditor for the first AGM, who will hold office until the conclusion of the sixth AGM. This appointment must be notified to the Registrar of Companies (ROC) by filing Form ADT-1 within 15 days of the appointment.

    Annual General Meeting (AGM): The first AGM of the company must be held within six months from the date of incorporation, and subsequent AGMs must be held annually. The appointment of the auditor should be ratified at the AGM.

    Filing of Annual Return (Form MGT-7): Every private limited company must file its Annual Return within 60 days from the conclusion of the AGM. The Annual Return covers the period from April 1st to March 31st of the respective financial year.

    Filing of Financial Statements (Form AOC-4): The company must file its balance sheet, profit and loss account, and director’s report within 30 days of the AGM.

    Statutory Audit of Accounts: The company must prepare its accounts and get them audited by a Chartered Accountant at the end of each financial year. The audited financial statements along with the audit report must be filed with the Registrar.

    Event-Based Compliances.

    Event-Based Compliances for Private Limited Companies:

    Actions Form No. Time Limit
    Change in registered office
    INC-22
    Within fifteen days from the date of such change
    Change in Directors or KMP
    DIR-12
    Within 30 Days of such change
    Increase in Authorized Share capital
    SH-7
    Within 30 days of passing Ordinary Resolution
    Filing of resolution and agreements
    MGT-14
    Within 30 days from date of passing resolution
    Increase in Paid up share capital
    PAS-3
    Within fifteen days from the date of the allotment
    Change in secured borrowing
    CHG-1
    All types of Charges within 30 days of its creation
    Application for KYC of Directors
    DIR-3 KYC
    On or before 30th April of immediate next Financial Year (Annual Compliance)

    Documents you’ll get after Company Registration

    Payment of Periodic Dues and Compliance Requirements:

    Actions Frequency
    GST Liability, TDS & TCS Mandatory Payment
    As per GST, TDS, and TCS regulations
    Non-Registrar Compliance of Periodic Returns
    Monthly, Quarterly, Annual
    GST Returns
    Monthly/Quarterly
    TDS Returns
    Quarterly
    Evaluation of Advance Tax Liability and Payment
    Periodically
    Filing of Income Tax Returns
    Annually
    Filing of Tax Audit Report
    Annually
    Administrative Assessment of Trade Under Different Acts
    As per respective laws

    These compliance requirements ensure adherence to various tax laws and regulatory frameworks, ensuring the smooth operation and legal compliance of the business.

    Why Taxvilla

    On average, it takes around 7-10 working days to register a private limited company in India subject to document verification by MCA.

    • Complete Digital
    • Free Expert Assistance
    • Best Price Guarantee
    • 4.9/5 Google Rating
    • Money Back Guarantee
    • Simple & Fast Process

    Frequently Asked Questions (FAQs)

    You can easily register your private limited company by arranging all the required documents and fulfilling the requirements as per the Companies Act, 2013.
    In order to register your private limited company in India, you need to provide identity and address proof of all the members along with address proof of the registered office.

    Note : You don’t need a commercial place for registration, you can use your residential home address for incorporation.
    No, GST is not mandatory for private limited companies.
    There is no minimum capital requirement for private limited company registration. One can start a company with a share capital of as low as ₹10.
    LLP and Pvt Ltd Company both have their own pros and cons. It completely depends upon the requirement of the business.
    Yes. A Limited Liability Partnership can be converted into a private limited company easily. To read more, refer to this page on

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