Online Section 8 Company registration
Are you doing a charitable activity? Now get it registered as Section 8 company /NGO.
Pay just Rs. 99 and remaining payment when documentation begins.
Are you doing a charitable activity? Now get it registered as Section 8 company /NGO.
Pay just Rs. 99 and remaining payment when documentation begins.
2 Digital Signature
?Digital signature refers to the signature which is used for signing of e-forms by directors and subscribers. We will process and get you with class 3 DSC for 2 directors with 2 years validity.
2 DIN (Director Identification Numbers)
?DIN is a unique identification number received by directors from MCA. DIN of 2 directors will be generated.
Name Approval
?Get you company Name Reserved with MCA. Maximum two name can be proposed at a time and in case of re-submission 2 more name can be applied.
Company e-PAN & e-TAN
?Permanent Account Number (PAN) & Tax Deduction Account Number (TAN) generation of your Section 8 company.
Memorandum of Association (MOA) & Articles of Association (AOA)
?MOA & AOA refers to the charter documents of company which provides for rules and byelaws.
Certificate of Incorporation (COI)
?Certificate of Incorporation of company is certificate which is provided by the MCA on successful approval of incorporation forms.
Employee State Insurance Corporation (ESIC)
?ESIC is a scheme for protection of employees under its act. ESIC will be generated on successful approval.
Employees Provident Fund Organization (EPFO)
?It is a non-constitutional body that employees to save fund for retirement. Certificate of Allotment of Provident Fund (PF) will be generated on successful approval.
Call, Chat, Email Support
?Contact us at call, chat or mail for updates and guidance.
No hidden charges
?LEGALDISHA provides you transparency in charges. No hidden extra cost required.
Free Business Consultation By expert
?Get free business consultation from highly experienced experts team.
2 Digital Signature
?Digital signature refers to the signature which is used for signing of e-forms by directors and subscribers. We will process and get you with class 3 DSC for 2 directors with 2 years validity.
2 DIN (Director Identification Numbers)
?DIN is a unique identification number received by directors from MCA. DIN of 2 directors will be generated.
Name Approval
?Get you company Name Reserved with LEGALDISHA. Maximum two name can be proposed at a time and in case of re-submission 2 more name can be applied.
Company e-PAN & e-TAN
?Permanent Account Number (PAN) & Tax Deduction Account Number (TAN) generation of your Section 8 company.
Memorandum of Association (MOA) & Articles of Association (AOA)
?MOA & AOA refers to the charter documents of company which provides for rules and byelaws.
Certificate of Incorporation (COI)
?Certificate of Incorporation of company is certificate which is provided by the MCA on successful approval of incorporation forms.
Employee State Insurance Corporation (ESIC)
?ESIC is a scheme for protection of employees under its act. ESIC will be generated on successful approval.
Employees Provident Fund Organization (EPFO)
?It is a non-constitutional body that employees to save fund for retirement. Certificate of Allotment of Provident Fund (PF) will be generated on successful approval.
(INC-20A) Commencement of Business
?Form INC-20A is filed for Certificate of commencement of business by attaching the proof of subscribed amount being transferred to the bank account of company.
Udyog Aadhar Registration
?Udyog Aadhar Registration for small business entities to avail various government benefits and schemes.
GST Registration
?Get your business registered under GST to avail credit for the tax paid on business purchases.
Call, Chat, Email Support
?Contact us at call, chat or mail for updates and guidance.
No hidden charges
?LEGALDISHA provides you transparency in charges. No hidden extra cost required.
Free Business Consultation By expert
?Get free business consultation from highly experienced experts team.
2 Digital Signature
?Digital signature refers to the signature which is used for signing of e-forms by directors and subscribers. We will process and get you with class 3 DSC for 2 directors with 2 years validity.
2 DIN (Director Identification Numbers)
?DIN is a unique identification number received by directors from MCA. DIN of 2 directors will be generated.
Name Approval
?Get you company Name Reserved with LEGALDISHA. Maximum two name can be proposed at a time and in case of re-submission 2 more name can be applied.
Company e-PAN & e-TAN
?Permanent Account Number (PAN) & Tax Deduction Account Number (TAN) generation of your Section 8 company.
Memorandum of Association (MOA) & Articles of Association (AOA)
?MOA & AOA refers to the charter documents of company which provides for rules and byelaws.
Certificate of Incorporation (COI)
?Certificate of Incorporation of company is certificate which is provided by the MCA on successful approval of incorporation forms.
Employee State Insurance Corporation (ESIC)
?ESIC is a scheme for protection of employees under its act. ESIC will be generated on successful approval.
Employees Provident Fund Organization (EPFO)
?It is a non-constitutional body that employees to save fund for retirement. Certificate of Allotment of Provident Fund (PF) will be generated on successful approval.
(INC-20A) Commencement of Business
?Form INC-20A is filed for Certificate of commencement of business by attaching the proof of subscribed amount being transferred to the bank account of company.
Udyog Aadhar Registration
?Udyog Aadhar Registration for small business entities to avail various government benefits and schemes.
GST Registration
?Get your business registered under GST to avail credit for the tax paid on business purchases.
Trademark Application & Objection Reply (if any)
?Trademark refers to registration of brand name for protection from infringement. We will provide you with trademark application filing of brand name along with objection reply filing (if any). Package excludes hearing charges (if any).
Call, Chat, Email Support
?Contact us at call, chat or mail for updates and guidance.
No hidden charges
?LEGALDISHA provides you transparency in charges. No hidden extra cost required.
Free Business Consultation By expert
?Get free business consultation from highly experienced experts team.
1. Fill the form and make nominal payment.
2. Our experts will collect and verify the necessary documents.
3. Make the balance payment.
4. Name reservation and processing and registering of DSC for directors on MCA.
5. Preparation and filing of incorporation application along with all the documents.
6. You will receive all the registration documents.
Passport size Photograph for each Directors /Shareholders.
Self attested Latest Electricity Bill /Bank Statement with latest entries /Telephone Bill /Mobile Bill
Email ID & Mobile Number of directors and shareholders
Projection of next 3 years income and expenditure.
Section 8 Company refers to a company which is registered as a Non-Profit Organization having objectives of promoting arts, commerce, education, science, research, protection of environment, sports, social welfare, charity, religion and also uses the income or profit (if any) from such company for promoting these objectives. It also prohibits dividend payment to its members.
There is privilege from need of Minimum Paid-up capital and the capital arrangement of the Company may be changed following as per precondition.
The Company in its own identity can take legal action and even it can be start against company due to its independent recognition.
As per the income tax act, there are definite tax reliefs provided to a Section 8 company, after authorizing under section 12AA.
Company under Section 8 is distinct from its holder, it has its own recognition and legal existence that from its owners.
Even the subscriber subscribed in relation to Company under Section 8 are allowed to assert the Tax relief against these grant under section 80G of Income tax Act.
Section 8 Company has more reliability among contributors, administration authority and other associate.
In case of Section 8 Company Incorporation there is no need to pay stamp duty on the AOA and MOA besides in form of private or public limited company. It can be govern easily on account of various privileges stated for Sec 8 company shall relish all the exemptions and be contingent to all the duties of limited companies.
Section 8 company are not influenced by the existence of their holders. It carry on even after the incapacity or demise of the holders and does not obstruct the workings of the company.
On record partnership firm can be a adjoined member in its own extent in the Section 8 Company.
The responsibility of the owners of the company is bounded to the proportion of their share holding sum outstanding to company.
Check availability of proposed name and apply for reservation of name by submitting two proposed names in the Part-A of the SPICe+ form at a time.
DSC is mandatory for all the proposed directors and the subscribers of the Memorandum of Association (MoA) and Articles of Association (AoA). DSC for directors and members will be obtained and get it registered on MCA portal.
Application of incorporation shall be done by filing of forms, preparation of MOA (Memorandum of Association), AOA (Articles of Association), declarations and required attachments such as 3 years income projection. Complete the forms.
Once the Form Filing is completed, then it is to be uploaded on MCA portal along with the payment of fees.
Registrar after satisfaction of completeness in documents and various compliances shall issue certificate of incorporation with PAN and TAN as allotted by the Income Tax Department. An electronic mail with a Certificate of Incorporation as an attachment along with PAN and TAN will also be sent to the applicant.
Corporation registered under section 8 of companies act 2013 is known as SECTION 8 Company. There are three types of NGO which are often registered in form i.e. Society, Trust, and SECTION 8 Company. Company under SECTION 8 is registered with Ministry of corporate affairs for the charitable purpose whereas the Trust & Society Registration is governed by Registrar of state under the government of state and Company under SECTION 8 has more benefits as compared to trust and society. It is a legal form for Non-Profit Organizations (NPOs).
Objectives of section 8 company incorporation are:
In simple words, The government of India i.e Central government may allot an Identification Number to any individual or any other person intending to be appointed as director or to any existing director of a company, for fulfilling as such the purpose of his identification.
It consist of an 8 digit unique identification number which has validity of lifetime.
The requirement of DIN is for all existing and new (proposed) directors of a company.
Following mentioned is the step by step procedure for incorporation of Section 8 company:
STEP 1: Search of Name
STEP 2: Digital Signature Certificate [DSC]
STEP 3: Unique Name Reservation
STEP 4: Filling of SPICe -Form
STEP 5: Certificate of Incorporation [COI]
There are several special relief and exemptions are available for company registered under section 8 of companies act 2013.
Also there is Non Applicability of Companies Auditor’s Report Order (CARO) on Section 8 Company.
MOA: A document which sets forth the constitution of a company and is therefore the base on which the constitution of the company is raise. It defines the range of the company’s performance and its connection with the outside world.
The articles of association of a company are its ground rules or laws and regulations that govern the administration of its internal affairs and the performance of its business. It deals with the integrity of the members of the company inter se. They are assistant to and are controlled by the MOA.
The company, being a independent entity, is the holder of its property and responsible by its liabilities. The accountability of a holder as member can be expanded upto the contribution to the share capital of the company up to the nominal value of the shares held and not paid by them.
As per the Income Tax Act, there are certain tax relief provided to the company registered under section 8 of companies act 2013, it acquire certification under section 12AA.
Even the contributors contributing in connection with Section 8 Company are permitted to insist the Tax privilege against these donations u/s 80G.
The Registrar of Companies is the authority of government under the (MCA) Ministry of Corporate Affairs which accord with enrollment, management, record and bye-laws of Limited Liability Partnership (LLP) and Company registered under Companies Act, 2013 and Companies Act, 1956.
A company being a legal entity is totally different from its holders and is competent of enter into contracts, own properties in its name, plead and can be sued by many others.
Section 8 Company is different from other companies. Section 8 company compliances are less as compared to other forms. We have arranged a detailed and simple to understand comparative table showing availability of characteristics and advantages of one type of business to that of others. The same can be available at the end of this page.
No, as per the provisions of Companies Act 2013 Company under Section 8 is not required to appoint an Independent compulsory.
No, In Section 8 Companies appointment of a Company Secretary is not mandatory.
Yes, like other companies, company under SECTION 8 is also eligible to invest in other companies for fulfillment of its objectives.
| BASIS | TRUST |
SOCIETY |
SECTION 8 COMPANY |
|---|---|---|---|
| Basic Document | Trust Deed | Bye-Laws | MOA & AOA |
| Object | A trust is an agreement between parties, whereby one party holds an asset for the benefit of another party. | Society is a group of persons, who join together for the initiating any literary, scientific or charitable purpose. | NGO in form of section 8 company enjoys all advantages of limited companies. |
| Governing Legislation | Indian Trusts Act, 1882 | Indian Societies Act, 1860 | Companies Act, 2013 |
| No. of Members Required | Minimum 2 person required and these person may be the artificial person created under the law. | Minimum 7 members are required for formation of state level and 8 members from different states each required for national level and these should be individual only. | 2 for Private limited company & 7 for public limited company. |
| Ownership | Trustees are the owner of Trust properties. | Properties of the society are own by society itself. | Section 8 company is the owner of all properties. |
| Stamp duty | Non-Judicial Stamp duty is required as per the State Stamp Act and it depend on the value of the Trust property. | No stamp duty. | No stamp duty. |
| Authority for Registration | Sub-Registrar of the relevant area. | Registrar of Society of the area where premises of society is located. | Registrar of the Companies. |
| Management Board | Trustees | Governing Body | Board of Directors |
| Meetings | Board of Trustees | Governing Body meeting as per bye-laws | Board of Directors |
| Grant of subsidy by the government | Low preference | Low preference | High preference |
| Annual Filing | No such requirement | Filing of Audited Financials & list of Governing Body | Audited Financials & Annual Return |
| Area of operation | The geographical area of operation of a Trust is all India. | It has to take all India registration for country-wide operations. | The geographical area of operation of is all India. |
| Foreign Contribution Regulation Act, (FCRA) registration | Less preferred | Less preferred | Most preferred |
| Compliance | Low | Medium | High |
| Voting Rights | Equal Rights to All Trustees | Equal Rights to All Members | As per Shareholding |
| Dissolution | Public trust cannot be dissolved. | Societies may be dissolved with the approval of at least three-fifths of the society’s members. | It can be dissolved in according with provisions of companies act. |
