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Section 8 Company Registration

The Companies Act defines a Section 8 company as one whose objectives is to promote fields of arts, commerce, science, research, education, sports, charity, social welfare, religion, environment protection, or other similar objectives. These companies are registered for social welfare, charity and meeting objectives of the organization towards the society at large. These companies also apply their profits towards the furtherance of their cause and do not pay any dividend to their members.

These are limited companies, which are registered under the Companies Act, and will be treated as limited companies without the phrase “limited” being added to their name. They may have been registered either as “private limited or public limited companies”.

There is no sharing of the profits among the directors which is earned by section 8 company by its business operations. It only can be utilized to meet the objective of the section 8 company.

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Advantages of Section 8 Company

  • Tax Benefits
  • Zero Stamp Duty
  • The ease at transferring ownership/title
  • Minimal share capital
  • Exempted from any name
  • Separate legal entity

Disadvantages of Section 8 Company

  • No distribution of profits
  • Amendment in MOA and AOA
  • Zero benefits
  • Limited objective
  • Multiple rules and regulations
  • First step is to fill a form online which is available on the MCA portal.
  • Obtaining Digital signatures certificates or DSCs are mandatory. Also, Director’s identification number should be applied through the MCA site.
  • Getting name approved for the section 8 company from Ministry of Corporate Affairs
  • Further apply section 8 company incense from the Director of Ministry of Corporate
  • Affairs After the section 8 license issues Spice+ form is to be filed online for final incorporation with registrar of companies.
  • PAN and TAN is mandatory for the company. After Incorporation, one can obtain the same online.
  • Bank account should be opened within 30 working days by the applicant.

Section 8 companies get exemption from income tax under section 80G and section 12A. It needs to be registered by the applicant.

1  Passport size photo

  1. ID proof of all members of the company
  2. List of directors and promoters
  3. Address proof of all directors and promoters
  4. Rent Agreement (If rented premises)
  5. No objection certificate (NOC) from landlord

7. Electricity bill or water bill with property papers (if self-owned property)

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