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Ready to Register Your Section 8 Company?
Get started today with IncorpX and enjoy a hassle-free registration experience!
HERE'S HOW IT WORKS
1. Fill the Form
Simply fill the above form to get started.
2. Call to discuss
Our startup expert will connect with you & complete legalities.
3. Register Your Section 8 Company
Get expert assistance to register your Section 8 Company.
SIMPLE & TRANSPARENT PRICING
MOST POPULAR
Section 8 Company Registration Package
₹999 /one-time
Complete within 7 days
7-day turnaround 100% guaranteed
MCA Section 8 License
Company PAN and TAN
Drafting of MoA & AoA
DIN and DSC for Directors
Company Incorporation Certificate
12A & 80G Application Guidance
1 Year Free Consultation
Web Hosting Assistance
Domain Name & Email Assistance
*Government fees are additional and vary based on company structure
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IncorpX Prime
An all-inclusive solution for startups and expanding enterprises seeking a streamlined, compliant incorporation process.
Key Benefits
Personalised support from dedicated incorporation specialists.
Application prepared and filed within 2 days.
24/7 customer assistance.
Important Notes
We strive to register your preferred business name whenever feasible.
Alternative name suggestions are provided if the preferred name is not approved.
Package includes first-year compliance services: auditor appointment, annual filings, and related obligations.
Section 8 Company Registration is the most preferred legal structure for non-profit organizations (NGOs), charitable institutions, and social enterprises in India. Governed by Section 8 of the Companies Act, 2013 (formerly Section 25 of the Companies Act, 1956), this entity type is designed exclusively for organizations that promote charitable objectives such as education, art, science, sports, social welfare, religion, environmental protection, and research.
Unlike other company structures, a Section 8 Company operates on the principle of no profit distribution. All income and profits are reinvested into the organization's objectives and cannot be distributed as dividends to its members. This makes it the ideal choice for NGOs, foundations, clubs, and associations seeking legal recognition and credibility while pursuing social causes.
The registration process involves obtaining a license from the Central Government (Regional Director) before incorporation. Once licensed, the company is registered with the Registrar of Companies (RoC) using the SPICe+ form. Section 8 Companies enjoy several privileges including exemption from using the suffix "Limited" or "Private Limited", lower stamp duty, and eligibility for 12A and 80G tax exemptions.
At IncorpX, we provide end-to-end Section 8 Company Registration services with complete guidance on license application, documentation, incorporation, and post-registration compliance. Our team of expert Chartered Accountants (CAs) and Company Secretaries (CSs) ensures a smooth, paperless, and legally compliant registration process.
What is a Section 8 Company?
A Section 8 Company is a special category of company registered under the Companies Act, 2013 for promoting charitable and non-profit objectives. It is formed with the primary purpose of promoting commerce, art, science, sports, education, research, social welfare, religion, charity, protection of the environment, or any other object that benefits society at large.
The defining characteristic of a Section 8 Company is that it cannot distribute profits or dividends to its members. All surplus income must be applied towards promoting the company's objectives. This structure is widely used by NGOs, charitable trusts converted to companies, industry associations, sports federations, and educational foundations.
Section 8 Companies enjoy a unique status in India. They are not required to add "Limited" or "Private Limited" to their names, giving them a more professional and trust-based identity. They can be incorporated as either a Private Company (minimum 2 directors and 2 members) or a Public Company (minimum 3 directors and 7 members).
Key Characteristics of Section 8 Company:
Non-Profit Objective:
Formed exclusively for promoting charity, education, art, science, religion, sports, social welfare, research, or environmental protection.
No Dividend Distribution:
Profits and income are reinvested in the organization's objectives and cannot be distributed to members.
License Required:
Requires a license from the Central Government (Regional Director) before incorporation with the RoC.
No Suffix Required:
Exempt from adding "Limited" or "Private Limited" to the company name, enhancing credibility.
Did You Know?
Section 8 Companies can receive Foreign Contributions after obtaining FCRA (Foreign Contribution Regulation Act) registration. They are also eligible for 12A and 80G registrations, allowing donors to claim tax deductions on their contributions.
Types of Section 8 Companies:
Section 8 Companies can be formed as either Private or Public companies based on the
scale of operations and the number of members involved. Understanding these types helps
you choose the right structure for your non-profit organization.
Section 8 Company Limited by Shares:
The liability of members is limited to the amount unpaid on their shares. This is suitable
for organizations where members contribute capital but do not expect dividends.
Section 8 Company Limited by Guarantee:
The most common type for non-profits where members guarantee to contribute a specified
amount in the event of winding up. No share capital is required, making it ideal for
charitable organizations, clubs, and associations.
Private Section 8 Company:
Requires minimum 2 directors and 2 members. Suitable for small-scale NGOs, foundations,
and charitable organizations with limited membership.
Public Section 8 Company:
Requires minimum 3 directors and 7 members. Ideal for large-scale charitable institutions,
industry associations, and organizations with widespread public involvement.
Choosing the right type depends on your organization's objectives, scale of operations,
and the level of public involvement expected in your charitable activities.
What Are the Key Features of a Section 8 Company?
A Section 8 Company combines the credibility of a corporate structure with the flexibility of a non-profit organization. Here are the standout features that make it the preferred choice for NGOs and charitable institutions:
1. Non-Profit Objective
Exclusively formed for charitable purposes like education, art, science, sports, religion, social welfare, and environmental protection.
2. Separate Legal Entity
The company has its own legal identity, can own property, enter contracts, and sue or be sued in its own name.
3. Limited Liability
Members' liability is limited to their shareholding or guarantee amount. Personal assets remain protected from organizational debts.
4. No Suffix Required
Section 8 Companies are exempt from adding "Limited" or "Private Limited" to their name, giving them a more professional identity.
5. Government Recognition
Licensed by the Central Government, Section 8 Companies enjoy high credibility with donors, government agencies, and international bodies.
6. Tax Exemptions
Eligible for 12A and 80G registrations, providing tax exemptions to the organization and tax deductions to donors.
7. Perpetual Succession
The company continues to exist regardless of changes in membership or directorship, ensuring long-term stability.
8. FCRA Eligible
Can receive foreign contributions after obtaining FCRA registration, enabling international funding for charitable activities.
9. Lower Stamp Duty
Section 8 Companies enjoy reduced stamp duty on incorporation documents in most states, lowering initial setup costs.
10. Enhanced Credibility
The regulated structure and government license enhance trust among donors, beneficiaries, and partner organizations.
Benefits of Registering a Section 8 Company:
Why do successful NGOs and charitable organizations choose the Section 8 structure? It's about combining legal protection with social impact. Here are the compelling benefits:
Government License
Section 8 Companies require a license from the Central Government, giving them official recognition and enhanced credibility.
Donor Tax Benefits
With 80G registration, donors can claim tax deductions on contributions, encouraging more donations to your cause.
Tax Exemption
12A registration exempts the organization's income from taxation, allowing more funds to be directed towards charitable activities.
Foreign Funding
Eligible for FCRA registration, enabling Section 8 Companies to receive donations and grants from international organizations.
Limited Liability
Members' personal assets are protected. Liability is limited to the guarantee amount or unpaid share value.
Professional Identity
No need to add "Ltd" or "Pvt Ltd" suffix, giving your organization a clean, professional, and trust-inspiring name.
Join thousands of successful NGOs registered with IncorpX!
Difference Between Section 8 Company and Other NGO Structures:
Choosing the right legal structure for your non-profit organization is crucial. While a Section 8 Company offers the highest level of credibility and governance, other structures like Trust or Society might suit smaller organizations. Below is a detailed comparison to help you make an informed decision.
Key Feature
Section 8 Company
Trust
Society
Governing Law
Companies Act, 2013
Indian Trusts Act, 1882
Societies Registration Act, 1860
Registration Authority
Registrar of Companies (MCA)
Charity Commissioner / Sub-Registrar
Registrar of Societies
Minimum Members
2 (Private) or 7 (Public)
2 (Author & Trustee)
7 Members
Separate Legal Entity
Yes, fully recognized
No (in most cases)
Yes
Liability
Limited to guarantee/shares
Unlimited for Trustees
Limited to contribution
Control & Governance
Highly regulated, Board of Directors
Trustees have full control
Governing Body/Managing Committee
Amendment of Objects
Possible with Central Government approval
Very difficult, requires court approval
Possible with member approval
Foreign Funding (FCRA)
Eligible after FCRA registration
Eligible after FCRA registration
Eligible after FCRA registration
Tax Benefits (12A & 80G)
Eligible
Eligible
Eligible
Compliance Level
High (Annual Returns, Audits)
Low to Moderate
Moderate
Credibility
Highest (Government Licensed)
Moderate
Moderate
Dissolution
Complex, requires NCLT approval
Difficult, court intervention needed
Relatively easier with member consent
Best For
Large NGOs, Foundations, Federations
Family trusts, Religious organizations
Clubs, Local associations, Cultural groups
Pros and Cons of Registering a Section 8 Company:
Explore the comprehensive pros and cons of forming a Section 8 Company in India. This table provides an in-depth comparison to help you decide if this structure is right for your non-profit organization.
Aspect
Advantages
Disadvantages
Legal Status
Recognized as a separate legal entity with government license, providing highest credibility among NGO structures.
Requires Central Government license approval, which can take 15-20 days and involves detailed scrutiny.
Tax Benefits
Eligible for 12A (income tax exemption) and 80G (donor tax deduction) registrations, maximizing funds for charitable work.
Tax benefits require separate applications and ongoing compliance to maintain eligibility.
Liability Protection
Members' personal assets are protected. Liability is limited to guarantee amount or unpaid share value.
Directors may face personal liability for fraud, mismanagement, or violation of Companies Act provisions.
Foreign Funding
Eligible for FCRA registration, enabling receipt of foreign contributions for charitable activities.
FCRA registration has strict requirements and compliance obligations, with penalties for violations.
Governance
Structured governance with Board of Directors ensures transparency, accountability, and professional management.
Requires regular board meetings, audits, and filings, increasing administrative burden and costs.
Name & Identity
No need to add "Limited" or "Private Limited" suffix, providing a professional and trust-inspiring identity.
Name must be unique and approved by MCA, which may require multiple attempts if similar names exist.
Amendments
Objects, name, and other details can be amended with Central Government approval, providing flexibility.
Amendment process involves additional fees, time, and compliance requirements.
Cost
Lower stamp duty in most states and no minimum capital requirement, reducing initial setup costs.
Professional fees for license application, incorporation, and ongoing compliance can be significant.
Minimum Requirements for Section 8 Company Registration:
Minimum 2 directors for Private Section 8 Company
Minimum 2 members/subscribers for Private Section 8 Company
Minimum 3 directors for Public Section 8 Company
Minimum 7 members/subscribers for Public Section 8 Company
One director must be an Indian resident
No minimum capital requirement
Digital Signature Certificate (DSC) required for all directors
Director Identification Number (DIN) mandatory for all directors
Registered office address proof required
Objects must be charitable/non-profit in nature
What Are the Documents Required for Registering a Section 8 Company?
To ensure a smooth and rejection-free registration process, having the correct set of documents is critical. The Ministry of Corporate Affairs (MCA) requires identity and address proof for all directors and members, along with proof of the registered office address. Here is the complete checklist:
Category
Document Type
Specific Examples
Purpose
For Directors/Members
Identity Proof
PAN Card (Mandatory), Aadhaar Card, Passport, Voter ID, Driving License
Establishes identity as per Companies Act, 2013
Address Proof
Recent Utility Bills or Bank Statements (not older than 2 months)
Verifies residential address of directors and members
For Foreign Directors
Identity Proof
Passport (Mandatory, Notarized & Apostilled)
Primary document for verifying foreign director identity
Address Proof
Driver's License, Bank Statement, or Utility Bill (Notarized & Apostilled)
Confirms current address of foreign individuals
For Registered Office
Address Proof
Utility Bill or Property Tax Receipt (not older than 2 months)
Verifies the company's registered office address
Ownership Proof
Sale Deed or Property Documents (if owned)
Establishes ownership of the registered office premises
NOC / Rent Agreement
No Objection Certificate from owner or Registered Rent Agreement
Grants permission to use premises as registered office
For Section 8 License
Memorandum of Association (MOA)
Document defining charitable objects and scope
Outlines the non-profit purpose and activities
Articles of Association (AOA)
Governing document with internal rules
Provides governance framework for the organization
Declaration by Directors
Declaration as per Rule 19 of Companies Rules
Confirms compliance and non-profit intent
Estimated Income & Expenditure
Projected financial statement for 3 years
Demonstrates financial viability and planning
Common Requirements
Digital Signature Certificate (DSC)
Class 3 DSC for each proposed director
Enables secure electronic filings with MCA
Passport-Size Photographs
Recent photos of all directors and members
Used for identification and incorporation formalities
Step-by-Step Process for Section 8 Company Registration
Registering a Section 8 Company involves obtaining a government license before incorporation. At IncorpX, we handle the entire process ensuring zero rejections and fast approval. Here is the roadmap:
Step 1: Digital Signature Certificate (DSC)
The first step is to obtain Class-3 DSCs for all proposed directors. Since the process is online, the DSC is used to sign the incorporation forms digitally. We help you get DSCs from authorized certifying agencies.
Step 2: Director Identification Number (DIN)
Every director needs a unique identification number called DIN. We apply for DIN for all directors directly through the SPICe+ incorporation form.
Step 3: Name Approval (RUN Service)
We help you choose a unique name for your Section 8 Company and check its availability on the MCA portal. The name should reflect the charitable nature of the organization.
Step 4: Apply for Section 8 License (Form INC-12)
This is the crucial step. We prepare and file Form INC-12 with the Regional Director along with MOA, AOA, projected financials, and declarations. The license is typically issued within 10-15 days.
Step 5: Filing SPICe+ Form for Incorporation
After receiving the Section 8 License, we file the SPICe+ form with the RoC along with the license, MOA, AOA, and other required documents. This form also applies for PAN and TAN.
Step 6: Certificate of Incorporation (CoI)
Once the RoC verifies and approves all documents, they issue the Certificate of Incorporation. This document is the legal proof of your Section 8 Company's existence.
Get your Section 8 Company registered in just 15-20 days with IncorpX!
Mandatory Compliance Checklist for Section 8 Companies in India:
Registering your Section 8 Company is just the first step. To maintain legal validity and government license, it's crucial to comply with MCA and Income Tax regulations. Here's a comprehensive checklist:
Aspect
Compliance Requirement
Frequency
Why It's Important
Annual Return Filing
File Form MGT-7 with details of members, directors, and activities.
Annually (within 60 days of AGM)
Ensures accurate record-keeping with MCA and maintains active status.
Financial Statements
Submit Form AOC-4 including balance sheet, income & expenditure, and auditor's report.
Annually (within 30 days of AGM)
Discloses financial position and ensures transparency.
Board Meetings
Hold a minimum of 4 board meetings per financial year with a maximum 120-day gap.
Quarterly
Ensures proper governance and decision-making.
Annual General Meeting (AGM)
Conduct AGM to approve financials, appoint auditors, and discuss resolutions.
Annually (by September 30th)
Mandatory for member participation and statutory accountability.
Director KYC
Submit Form DIR-3 KYC to validate and update director details.
Annually
Prevents DIN deactivation and ensures updated records.
Income Tax Return
File Form ITR-7 declaring income, expenditure, and tax exemption claims.
Annually
Mandatory for maintaining 12A exemption status.
Statutory Audit
Conduct a financial audit by a Chartered Accountant registered with ICAI.
Annually
Verifies financial integrity and compliance with accounting standards.
Form CSR-2
File if the company receives CSR funds from other companies.
Annually
Reports utilization of CSR funds received.
FCRA Compliance
File FC-4 return if registered under FCRA and receiving foreign contributions.
Annually (by December 31st)
Mandatory for maintaining FCRA registration.
12A & 80G Renewal
Apply for renewal of 12A and 80G registrations as per new Income Tax rules.
Every 5 years
Maintains tax exemption status for the organization and donors.
Why Choose IncorpX for Section 8 Registration?
100% Online Process: No physical visits required. Complete registration from anywhere.
Transparent Pricing: No hidden charges. Starting at just ₹999.
Fast Incorporation: Get your Section 8 Company registered in 15-20 days.
Expert Support: Dedicated CA/CS support throughout the process.
End-to-End Service: From license application to 12A & 80G registration.
FCRA Assistance: Guidance on FCRA registration for foreign funding.
FAQs on Section 8 Company Registration
Setting up a Section 8 Company in India is a significant step for anyone passionate about social causes. With expert guidance and the right resources, the registration process can be smooth and hassle-free. Whether you're wondering about the license requirements, documents needed, or post-registration compliance - we're here to help.
To simplify your journey, we've compiled answers to the most frequently asked questions about Section 8 Company registration. These FAQs are designed to guide you through each step with confidence.
A Section 8 Company is a non-profit organization formed under the Companies Act, 2013 for promoting charitable objectives like education, art, science, sports, social welfare, religion, charity, or environmental protection. Any group of individuals passionate about a social cause can register a Section 8 Company.
For a Private Section 8 Company: Minimum 2 directors and 2 members. For a Public Section 8 Company: Minimum 3 directors and 7 members. At least one director must be an Indian resident.
No, there is no minimum capital requirement for registering a Section 8 Company. You can incorporate with any amount of capital based on your organization's needs.
The complete registration process typically takes 15-20 working days, which includes obtaining the Section 8 License from the Regional Director and subsequent incorporation with the RoC.
A Section 8 Company is governed by the Companies Act with higher compliance but more credibility. A Trust is governed by the Indian Trusts Act with simpler compliance but trustees have unlimited liability. Section 8 Companies are preferred for larger NGOs seeking institutional funding.
No, a Section 8 Company cannot distribute profits or dividends to its members. All income and profits must be applied towards promoting the company's charitable objectives.
12A Registration exempts the organization's income from income tax. 80G Registration allows donors to claim tax deductions on their contributions. Both are essential for maximizing funds and attracting donors.
Yes, a Section 8 Company can receive foreign contributions after obtaining FCRA (Foreign Contribution Regulation Act) registration from the Ministry of Home Affairs.
Section 8 Companies are granted a license by the Central Government which exempts them from using "Limited" or "Private Limited" suffix. This gives them a more professional and trust-inspiring identity suitable for charitable organizations.
A Section 8 Company can engage in limited commercial activities as long as the profits are used exclusively for its charitable objectives and not distributed to members.
If a Section 8 Company violates license conditions or distributes profits, the Central Government can revoke the license, and the company may be wound up. Directors may also face penalties.
Yes, NRIs and foreign nationals can be directors in a Section 8 Company, provided at least one director is an Indian resident. However, majority control should ideally remain with Indian citizens for FCRA eligibility.
Section 8 Companies must file Form MGT-7 (Annual Return), Form AOC-4 (Financial Statements), ITR-7 (Income Tax Return), conduct 4 board meetings annually, and hold an AGM. Additional filings include Director KYC and statutory audit.
Conversion from Section 8 to a regular company is extremely difficult and requires Central Government approval with valid reasons. The non-profit nature of Section 8 is meant to be permanent.
The Regional Director (RD) of the Ministry of Corporate Affairs reviews the license application, verifies the charitable objectives, and issues the Section 8 License before incorporation can proceed.
Yes, as a separate legal entity, a Section 8 Company can own property, open bank accounts, enter contracts, and sue or be sued in its own name.
GST registration is mandatory only if the Section 8 Company's taxable turnover exceeds the threshold limit or if it engages in inter-state supply of goods or services.
Directors can receive reasonable remuneration for their services to the company, provided it is disclosed in the AOA and approved by the board. However, no profit distribution is allowed.
Under the new Income Tax provisions, 12A and 80G registrations are valid for 5 years and must be renewed before expiry to maintain tax exemption status.
IncorpX provides end-to-end Section 8 registration services including license application, incorporation, and 12A/80G registration. Our expert CA/CS team ensures 100% compliance, transparent pricing, and dedicated support throughout the process.
