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Section 8 Company Registration in India

Register a Non-Profit Company with Legal Credibility & Tax Benefits

Convert your social mission into a legally recognised Section 8 Company under the Companies Act, 2013. IndianTaxpert helps NGOs, charitable organisations, and social enterprises obtain Section 8 registration, ensuring MCA compliance, limited liability, and eligibility for 12A & 80G tax exemptions.

Build trust, attract donors, and operate transparently with a professionally structured non-profit entity.

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    Timeline for Section 8 Company Registration

    DSC & Name Approval

    Finalise company structure (share capital or guarantee), obtain Digital Signature Certificates (DSC), and apply for name approval via SPICe+ Part A.

    Drafting & Application Filing

    Draft Section 8-specific MOA & AOA (with no profit distribution clause) and submit SPICe+ Part B with all statutory documents.

    Licence &
    Incorporation

    ROC reviews charitable objectives and issues Section 8 Licence (INC-16) along with Certificate of Incorporation (COI).

    Post Incorporation
    | Registrations

    Open bank account and apply for 12A, 80G, CSR-1, GST (if applicable) and other registrations.

    What is a Section 8 Company?

    A Section 8 Company is a non-profit organisation incorporated under the Companies Act, 2013 to promote activities such as education, healthcare, charity, social welfare, environment protection, art, science, or culture.

    Unlike regular companies, any surplus or income must be reinvested solely towards charitable objectives, and no dividend or profit distribution is allowed.
    The Section 8 licence is issued directly during incorporation through the SPICe+ system.

    Why Choose a Section 8 Company for NGO Registration?

    A trusted and structured model for long-term charitable operations

    Corporate Identity & High Credibility

    Recognized as a company under the Companies Act, enhancing trust among donors, corporates, and institutions.

    Limited Liability Protection

    Directors and members enjoy limited personal liability, ensuring financial safety.

    Eligible for 12A & 80G Tax Benefits

    Allows tax exemptions for the NGO and deduction benefits for donors.

    Preferred Structure for CSR Funding

    Most corporates prefer Section 8 Companies for CSR contributions due to governance standards.

    Better Transparency & Governance

    Mandatory audits and MCA compliance ensure accountability and operational clarity.

    Nationwide Operational Flexibility

    Operate seamlessly across India without state-level restrictions.

    Section 8 Company Registration

    Section 8 Company Registration in India

    Section 8 companies are formed for charitable and non-profit purposes with special compliance benefits under the Companies Act.

    Eligibility Criteria for Section 8 Company

    👨‍💼 Directors

    • Minimum 2 (Private) / 3 (Public)
    • At least one Indian resident director

    👥 Members

    • Private: Minimum 2 members
    • Public: Minimum 7 members

    💰 Capital

    • No minimum capital requirement
    • With or without share capital

    🎯 Objects & Profit Use

    • Charitable / non-profit objectives only
    • Profit reinvestment mandatory
    • No dividend allowed

    Naming Rules for Section 8 Companies

    Section 8 companies cannot use “Private Limited” or “Limited”. Approved suffixes include:

    Foundation
    Association
    Federation
    Council
    Forum
    Institute
    Academy
    Society / Club

    Final approval is subject to ROC discretion.

    Documents Required for Section 8 Registration

    Directors & Members

    • PAN Card
    • Aadhaar / Passport
    • Photograph
    • Address Proof

    Registered Office

    • Address proof
    • NOC from owner
    📌 Director’s residential address can be used temporarily during incorporation.

    Step-by-Step Section 8 Registration Process

    1

    Decide Structure

    Private/Public, Share or Guarantee model.

    2

    DSC & DIN

    Digital Signature Certificates for directors.

    3

    Name Approval

    SPICe+ Part A filing.

    4

    MOA & AOA Drafting

    With mandatory Section 8 clauses.

    5

    SPICe+ Part B

    Incorporation & declarations.

    6

    ROC Scrutiny

    Verification and compliance checks.

    7

    Licence & COI

    Section 8 licence & Certificate of Incorporation 🎉

    Share Capital vs Guarantee Structure

    AspectShare CapitalLimited by Guarantee
    SharesIssuedNot issued
    LiabilityUnpaid share valueFixed guarantee amount
    ComplianceHigherSimpler
    DematMandatoryNot required

    Most NGOs prefer the Guarantee model.

    Foreign Investment & Post-Incorporation

    • FDI permitted with FEMA reporting
    • FCRA required only for foreign donations
    • Guarantee structure defers FCRA compliance
    • Demat mandatory only for share-based Section 8 companies

    Post-Incorporation Registrations

    • 12A & 80G Registration
    • NITI Aayog DARPAN
    • CSR-1 Filing
    • GST (if applicable)
    • Annual ROC filings

    Why Choose IndianTaxpert?

    ✔ Dedicated NGO & Section 8 experts
    ✔ Transparent pricing
    ✔ MCA, Income Tax & FEMA support
    ✔ Trusted by NGOs & professionals
    ✔ End-to-end compliance handling