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Section 8 Company Registration is essential to encourage non-profitable goals. Donations made to Section 8 Companies are eligible for deductions under the rules of the Income Tax Act, and these companies enjoy tax exemptions. The sole purpose of the establishment is to promote social entrepreneurship and charity in India to help the ones in need.
Before applying for incorporation with the Registrar of Companies (ROC), the applicant must get a license from the Central Government to incorporate a Section 8 company in India. To ensure compliance, it is imperative to strictly adhere to the goals set forth during Section 8 NGO registration.
Are you worried about the challenges in the pathway of Section 8 Company incorporation? If yes, our experts will reduce your worry and ensure effortless formation of section 8 company.
A non-profit organization created to advance business, the arts, science, sports, education, research, social welfare, religion, charity, the environment, or any other comparable goal is known as a Section 8 Company under the Companies Act of 2013.
In contrast to other businesses, it uses the money it makes to achieve its declared goals rather than dividing it up among its members.
The purpose of Section 8 company registration online is to promote social welfare, education, arts, commerce, sports, and the empowerment of the lower-income class. So, Individuals, HUFs, and limited companies with a desire to transform society are eligible for Section 8 NGO registration.
Any profits made by a Section 8 company are reinvested into the business to give wings to its founding cause.
Section 8 Companies enjoy tax exemptions. The significant benefits of Section 8 Company Registration online are mentioned below:
By securing the Section 8 Company Registration online, the entity gets the legal recognition in the country making them eligible to accept donations and funding from outside sources. It also ensures tax exemptions as per the Income Tax Act, of 1961 for the donors.
The section 8 NGO registration ensures that the members, shareholders, directors, and partners are not fully liable for anything. They share a limited liability based on their contribution to the entity.
Incorporating a Section 8 Company makes sure that even after the non-involvement of founding members, the entity will be able to function in the country without any hindrance. It is one of the significant benefits of Section 8 Company Registration online.
The donors in the entity get tax exemptions for registration under section 12A and donations under section 80G. This helps them raise more funding through outside sources to meet the objectives of the organization.
The main purpose of these entities is to serve the people in need and promote social services around the country. These services make a very positive impact on society and promote harmony among people.
Section 8 Company Registration ensures that other entities or foreign bodies collaborate with them and work on their objectives together. These collaborations help them in achieving their target quickly and work for a better public cause.
The incorporated entities tend to get more government benefits and grants to carry forward their objective of social cause.
Certain eligibility criteria must be met to proceed with the Section 8 Company Registration as per the Companies Act 2013. These are as follows:
Checklist for applicants to apply for Section 8 Company Registration:
To start with the process of registration, the applicant first needs to know the documents required to register section 8 company. These are as follows –
Certain procedures have been laid down to get the Section 8 Company Registration online. These procedures are as follows –
Name Approval
To start the Section 8 Company Registration procedure, the applicant needs to obtain a name approval for the entity from the Ministry of Corporate Affairs. It must be taken into notice that the company name must end with certain words like association, foundation, federation, forum, council, etc.
Obtaining DSC & DIN
The directors of the organization need to attain the Digital Signature Certificate and the Director Identification Number. These documents are necessary for the directors to take charge of the organization and continue with its goals.
Drafting MoA and AoA
The incorporating company must draft the Memorandum of Association and the Articles of Association, which must depict the objectives of the organization and the rules and regulations of the organization. The objectives must be contained in the MoA, and the by-laws must be mentioned in the AoA.
Section 8 Company License Application
A Form INC-12 must be filled out to the regional director stating the objectives of the organization to be incorporated, to get the section 8 company license. The application is made online through the official website of the Ministry of Corporate Affairs which grants license approval through Form INC-16.
Filling out the Application Form
As soon as the entity gets approval from the regional directors in Form INC-16, they can proceed to fill out the application form online through the official website of the Ministry of Corporate Affairs in the SPICe+ Form INC-32.
The Registrar of Company (ROC) looks into all the relevant forms and documents submitted by the applicant and upon all clarifications, issues the certificate of Section 8 Company incorporation with the Company Identification Number.
Sec 8 Company Incorporation Certificate Issuance
Following application submission, the Registrar of Companies (ROC) thoroughly examines all supplied information and supporting documentation. The Registrar of Companies registers the business for the purpose specified in the application if all the verifications are completed satisfactorily.
The firm is subsequently granted a Certificate of Registration, which is the official document attesting to the registration. In addition, the corporation is given a Corporate Identity Number (CIN) to help with its distinctive identity.
Certain unique characteristics of Section 8 company registration needs to be looked at. These are as follows:
Section 8 company registration is made to start an organization with the sole purpose of doing charitable and philanthropic work as per the objectives established at the time of its incorporation.
All the profits, income, or donations received by these entities must be utilized to carry forward with their objective and not to share them between the partners. None of the profits accrued by the organization goes into the pockets of the partners.
Along with profits, no dividend is distributed among the members of the organization. These all are reinvested to promote the objectives of the organization and help as many individuals as possible.
To go through the process, certain forms are required. The list of forms required for Section 8 Company Registration is as follows –
Section 8 company incorporation compliances are necessary to follow to avoid any legal issues in the future leading to company dissolution. These compliances are as follows –
At all times in the organization, there must be at least two directors in which one should mandatorily be an Indian. Along with the directors, there must be a minimum of two members as well.
The sole purpose of establishing a Section 8 company is to do charitable work for the general people of the society who are in dire need of support. At no point, such an object should change into profit profit-making business. The profits earned through any mode in the organization must be utilized for carrying forward the objective stated in the MoA submitted to the registrar. Even the members of the organization are not allowed to share any profits or dividends.
Section 8 companies are at all times managed by the board of directors working as per the MoA and AoA submitted to the registrar at the time of incorporation. They are responsible for carrying forward the objectives set for the organization.
Section 8 companies are incorporated under the Companies Act 2013, and they must follow all the regulations set for them in the act. For example, annual returns fillings, maintaining the books of accounts, holding meetings of the board of directors at regular intervals, financial statements filing in Form AOC 4, audit reports, etc.
The donors in the entity get tax exemptions for registration under section 12A and donations under section 80G. To claim these deductions, the entity must acquire the 80G and 12A Registration certificate, which helps them get more donations and through which the donors get the benefit of tax deductions.
The organization needs to attain a GST registration certificate in a case where the service-providing business does business with more than the threshold limit of Rs 20 Lakhs and the one that deals in goods has an annual turnover of more than Rs 40 lakhs.
If a section 8 company fails to adhere to the legal provisions of the Companies Act, the Central Government will take a step of revoking the section 8 company license. Besides this, the section 8 company registration license can be revoked if the purpose of the company is identified to be fraudulent.
If the section 8 company fail to align with the provisions of the Act, the company would have to pay a fine of not less than Rs 10 lakh. This fine may extend up to Rs 1 crore. If officers and directors of the company fail to comply under Companies Act, they would have to pay a fine of not less than Rs 25,000. It may further extend up to Rs 25 lakh or both.
There are three prominent laws in India under which your NGO can be registered-
Have a look at the comprehensive table that demonstrates the difference between Society, Trust, and Section 8 Company-
|
Aspects |
Society |
Trust |
Section 8 Company |
|
Governing Legislation |
Societies Registration Act, 1860 |
Indian Trust Act, 1882 |
Companies Act, 2013 |
|
Registered as |
NGO/NPO |
NGO/NPO |
NGO/NPO (It enjoy all the privileges of a limited company; No need to add Pvt Ltd to the name) |
|
Document of Constitution |
MoA & Rules and Regulations |
Trust Deed |
MoA and AoA |
|
Registration Authority |
Registrar or Deputy Registrar of the Particular State |
Deputy Registrar of the State |
ROC or Regional Director |
|
Minimum Members |
7 members minimum (5 for J&K and Telangana) |
2 Trustees Minimum |
2 Directors and 2 Shareholders (Directors may also be the shareholders) |
|
Cost |
Medium |
Low |
High |
|
Grants and Subsidies |
Not Much |
Not Much |
Considerable |
|
Preference under FCRA Registration |
Low |
Low |
High |
|
Transparency |
Low |
Low |
High |
|
Registration under the Income Tax Act, 1961 |
Allowed |
Allowed |
Allowed |
|
Annual Compliances |
Mandatory to file the details of the managing committee members of the society to the Registrar annually |
No mandatory yearly compliance to be met |
File the annual returns and accounts with the ROC |
|
Legal Right Over the Property |
Held in the name of the Society |
Held by the Trustee |
Held in the name of the Company |
|
Stamp Duty |
None |
Depend upon the State Stamp Duty Act along with the total worth of the property immersed in the matter |
None |
The fee required for the Section 8 Company Registration depends on factors like whether or not the applicant has the DSC, DIN, Income Tax registrations, name approval, etc. If the applicant requires all the things and documents required for registration then the fee may range between Rs 20,000 – 25,000. The fee bifurcation is done below – The timeline to register Section 8 Company online depends upon how fast the applicant can complete the documentation process along with the DSC and DIN of directors. After all the documents are collected, the application form from the website of MCA has to be filled out online. It usually takes around 15 – 20 days to get the Section 8 Company Registration certificate if all the documents are submitted as required and no objection or correction is happening from the end of the registrar of companies.
Fee for Section 8 Company Registration in India
Timeline to Register Section 8 Company Online
Corpbiz has established itself as one of the most trusted brands for business consulting and compliance management, credit goes to our experienced and skilled professionals. Given below are the reasons why we are considered a reliable consulting partner for Section 8 company incorporation in India-
Reasons to Trust Corpbiz for Section 8 Company Incorporation
Have a look at the answers to the most asked questions about Section 8 Company Registration.
Legal Researcher
Written by Neha Dawra. Last updated on May 30 2026, 12:49 AM
Neha Dawra has 4+ years of experience in legal research and intellectual property advisory. Her expertise lies in analyzing IP laws, drafting structured legal content, and simplifying complex registration procedures into clear, simple insights.
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