A Section 8 Company is a non-profit organization that aims to promote charitable activities, art, science, education, and sports. The profits of such companies are utilized for promoting these objectives and are not distributed among the Company's members. It is essential to understand what is Section 8 company, document requirements, and company incorporation process.
What is Section 8 Company? - Companies Act, 2013
According to the Companies Act 2013, a Section 8 company is defined as an organization whose objectives are to promote arts, commerce, science, research, education, sports, charity, social welfare, religion, environmental protection, or other similar activities goals. These entities utilize their profits to achieve their mission and do not distribute dividends to their shareholders.
Overview of Section 8 Company Registration
A Section 8 Company is a type of corporation established to promote non-profit activities, such as education, social welfare, environment preservation, arts, sports, charity, and more. This follows the provisions of the Companies Act 2013.
The essential purpose of registering a Section 8 Company is to encourage non-profitable goals, including but not limited to trade, arts, commerce, education, charity, environmental protection, sports research, and social welfare. To register a Section 8 Company, a minimum of two directors are required, and there is no requirement for a minimum paid-up capital to set up such a company.
Key Points about Section 8 Company Act
In India, Non-Governmental Organizations (NGOs) can be registered under the Registrar of Societies or as a non-profit entity under Section 8 Company of the Companies Act, 2013.
Profit generated by Section 8 Companies cannot be used for purposes other than charitable objectives and cannot be distributed among shareholders.
Section 8 Companies are similar to the erstwhile Section 25 Company under the Company Act 1956. As per the prevailing Company Act, these are now recognized as Section 8 Companies.
Section 8 Companies are required to comply with the provisions of the Companies Act 2013. They are mandated to maintain books of accounts, file returns with the Registrar of Companies (ROCs), and comply with GST and IT Act.
Any changes to the charter documents like the Articles of Association (AoA) and Memorandum of Association (MoA) require the government's consent.
The following documents are required to complete the incorporation process for a Section 8 company in India:
Articles of Association (AOA) and Memorandum of Association (MOA)
Declaration by the first director(s) and subscriber(s) (an affidavit is not required)
Proof of office address, such as a copy of utility bills like electricity, water, or gas bill
Copy of the certificate of incorporation (COI) of an overseas corporate body (if any)
A resolution passed by the promoter company
Consent of Nominee (INC-3)
Residential and identity proof of nominees and subscribers
Applicant's identity and residential proof
Digital Signature Certificate (DSC)
Declaration of unregistered companies.
By providing these documents, you can ensure smooth and efficient Section 8 company incorporation processes.