Section 8 Company Registration Process Explained

section 8 company registration process

section 8 company registration process

Simplified Guide to Registering a Company under Section 8 in India

Introduction

Registering a company under Section 8 of the Indian Companies Act, 2013 is a preferred choice for organizations engaged in charitable or non-profit activities. Often referred to as section 8 companies, these entities function with the primary objective of promoting social welfare, science, art, education, research, religion, charity, or any other noble cause. In this article, we will navigate through the step-by-step process of company registration under Section 8, highlighting the prerequisites, documentation, and procedure involved for the Indian audience.

Step 1: Obtain Digital Signature Certificates (DSC)

The first step in the company registration process is to acquire Digital Signature Certificates (DSC). DSC ensures the authenticity and security of electronic documents filed with the Registrar of Companies (RoC). It is mandatory for all the proposed directors and subscribers of the section 8 company to obtain their DSC from a government-certified agency.

Step 2: Apply for Director Identification Number (DIN)

Every director of the company must have a unique Director Identification Number (DIN). To obtain DIN, one needs to file an online application with the Ministry of Corporate Affairs (MCA) along with the required documents like identity and address proof, photographs, and self-attested PAN (Permanent Account Number) card.

Step 3: Name Approval and Reservation

Choosing a suitable name for the section 8 company is crucial. The name should reflect the company’s objectives and must be unique and not resemble any existing companies or trademarks. Once the name is finalized, an application for name reservation is filed with the RoC through the prescribed form, mentioning at least two alternative names. After due verification, if the name adheres to the guidelines, it will be reserved for a period of 20 days.

Step 4: Drafting Memorandum and Articles of Association (MoA and AoA)

The next step involves drafting the MoA and AoA, which serve as crucial documents defining the structure, objectives, rules, and regulations of the section 8 company. The MoA specifies the activities to be carried out, while the AoA outlines the company’s internal governance, including roles, responsibilities, and decision-making processes. These documents must be carefully prepared in compliance with the provisions of the Companies Act.

Step 5: Application Submission and Fees Payment

Once the prior steps are completed, the duly filled-in application for section 8 company registration, along with the necessary documents and prescribed fees, is submitted to the respective RoC. The application should include a cover letter stating the reason for seeking registration as a section 8 company and the objectives it aims to achieve. It is important to note that the application must be submitted within 60 days from the date of name approval.

Step 6: RoC Approval and Incorporation Certificate

After receiving the application, the RoC examines the documents, ensuring they comply with the company registration provisions. If all requirements are met, the RoC issues the Certificate of Incorporation, declaring the company’s official existence under Section 8. The Certificate of Incorporation bears a unique Corporate Identification Number (CIN), which officially registers the company as a section 8 entity.

Step 7: Obtain Tax Registrations and Licenses

Upon receiving the Certificate of Incorporation, the section 8 company must register for various tax compliances, including Goods and Services Tax (GST) registration, Employer Identification Number (EIN) registration, and other applicable taxes, as per the nature of its activities. It is important to adhere to all taxation regulations to ensure smooth functioning and compliance.

Step 8: Post-Incorporation Compliances

Post-incorporation, the newly registered section 8 company should focus on fulfilling ongoing compliance requirements such as mandatory filings, annual or quarterly statements, Board meetings, maintaining books of accounts, etc. Non-compliance with these requirements may attract penalties or even loss of section 8 company status.

Conclusion

Registering a company under Section 8 of the Indian Companies Act, 2013 provides a legal framework for entities dedicated to societal welfare. By following the step-by-step process mentioned above, Indian organizations can successfully establish themselves as section 8 companies. It is essential to fulfill all necessary legal obligations and maintain compliance throughout the company’s lifecycle to contribute effectively to social causes and make a positive impact on Indian society.,
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section 8 company registration process

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section 8 company registration process

This article is only published for informational purposes. Please consult your Chartered Accountant or Financial Advisor before making any important financial decisions.
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section 8 company registration process

Author:
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Section 8 Company Registration Process Explained

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