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Section 8 Company Registration in Berhampur: Complete Guide 2026
Section 8 Company Registration is the most preferred legal structure for non-profit organizations (NGOs), charitable institutions, and social enterprises in Berhampur. 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 structure offers the highest level of governance and transparency among all NGO forms in Berhampur.
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 so you can focus on your social mission.
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. This structure is recognized as the most credible form of NGO in India.
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, educational foundations, and professional bodies. Major organizations like CII, FICCI, and various charitable foundations operate as Section 8 Companies.
Section 8 Companies enjoy a unique status in Berhampur. 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). The government license ensures authenticity and builds instant credibility with donors, government agencies, and international organizations.
Unlike a Trust where trustees have unlimited liability, Section 8 Company members enjoy limited liability protection. Unlike a Society which requires state-wise registration, a Section 8 Company registered with MCA can operate pan-India without additional registrations.
Key Characteristics as per Companies Act, 2013:
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.
Government 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 and trust.
Did You Know?
Section 8 Companies can receive Foreign Contributions after obtaining FCRA (Foreign Contribution Regulation Act) registration from the Ministry of Home Affairs. They are also eligible for 12A and 80G registrations, allowing the organization to be exempt from income tax while donors can claim tax deductions on their contributions. This makes Section 8 the preferred structure for international donors and CSR funding.
Who Can Register a Section 8 Company in Berhampur?
Section 8 Company registration in Berhampur is open to any group of individuals or entities with a genuine charitable or non-profit objective. Understanding the eligibility criteria helps you prepare the right documentation and structure your organization correctly from day one.
Eligible Persons for Section 8 Company Registration:
Indian Residents: Any Indian citizen above 18 years of age with a valid PAN card can become a director or member in a Section 8 Company.
Non-Resident Indians (NRIs): NRIs can be directors and members in a Section 8 Company. However, at least one director must be an Indian resident who has stayed in India for a minimum of 182 days in the previous calendar year.
Foreign Nationals: Foreign citizens can become directors and members in Indian Section 8 Companies, subject to providing notarized and apostilled documents. However, for FCRA eligibility, it is advisable to have majority Indian directors.
Corporate Entities: Other companies, trusts, or societies can become members in a Section 8 Company by providing a Board Resolution and Certificate of Incorporation or registration document.
Minors: Minors cannot be directors but can become members through a legal guardian who manages the membership on their behalf until they attain majority.
Key Eligibility Requirements:
Minimum 2 directors and 2 members for Private Section 8 Company
Minimum 3 directors and 7 members for Public Section 8 Company
At least one director must be an Indian resident
Directors must obtain DIN (Director Identification Number)
All directors must have valid DSC (Digital Signature Certificate)
No minimum capital requirement
Objects must be charitable or non-profit in nature
Genuine intent to work for social causes (verified during license application)
Types of Section 8 Companies in Berhampur:
Section 8 Companies can be formed in different configurations based on membership structure, liability type, and scale of operations. Understanding these types helps you choose the right structure for your non-profit organization and plan for future growth.
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. Share capital can be used for initial setup and ongoing activities.
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, associations, and professional bodies.
Private Section 8 Company:
Requires minimum 2 directors and 2 members, with a maximum of 200 members. Suitable for small to medium-scale NGOs, foundations, and charitable organizations with controlled membership.
Public Section 8 Company:
Requires minimum 3 directors and 7 members with no upper limit on membership. Ideal for large-scale charitable institutions, industry associations, professional federations, and organizations with widespread public involvement.
Choosing the right type depends on your organization's objectives, scale of operations, funding requirements, and the level of public involvement expected in your charitable activities. Our experts can guide you in selecting the most suitable structure.
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 in Berhampur:
1. Non-Profit Objective
Exclusively formed for charitable purposes like education, art, science, sports, religion, social welfare, and environmental protection. Cannot operate for commercial profit.
2. Separate Legal Entity
The company has its own legal identity distinct from its members. It can own property, enter contracts, sue, and be sued in its own name.
3. Limited Liability
Members' liability is limited to their shareholding or guarantee amount. Personal assets remain fully protected from organizational debts and liabilities.
4. No Suffix Required
Section 8 Companies are exempt from adding "Limited" or "Private Limited" to their name, giving them a more professional and trust-inspiring identity.
5. Government Recognition
Licensed by the Central Government, Section 8 Companies enjoy the highest credibility among NGO structures with donors, government agencies, and international bodies.
6. Tax Exemptions
Eligible for 12A registration (income tax exemption) and 80G registration (donor tax deduction), maximizing funds available for charitable work.
7. Perpetual Succession
The company continues to exist regardless of changes in membership or directorship, ensuring long-term stability and continuity of charitable work.
8. FCRA Eligible
Can receive foreign contributions and grants 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, significantly lowering initial setup costs.
10. Pan-India Operation
A single registration with MCA allows operation across all states without requiring separate state-level registrations like Societies.
Benefits of Registering a Section 8 Company:
Why do successful NGOs and charitable organizations choose the Section 8 structure? It is about combining legal protection with social impact. Here are the compelling benefits that make Section 8 the gold standard for non-profits:
Government License
Section 8 Companies require a license from the Central Government, giving them official recognition and the highest credibility among all NGO structures in Berhampur.
Donor Tax Benefits
With 80G registration, donors can claim 50% to 100% tax deductions on their contributions, encouraging more donations and helping you raise funds for your cause.
Tax Exemption
12A registration exempts the organization's income from income tax, allowing more funds to be directed towards charitable activities rather than tax payments.
Foreign Funding
Eligible for FCRA registration, enabling Section 8 Companies to receive donations and grants from international organizations, foundations, and foreign donors.
Limited Liability
Members' personal assets are completely protected. Liability is limited to the guarantee amount or unpaid share value, unlike Trusts where trustees have unlimited liability.
CSR Funding Eligible
Section 8 Companies are preferred recipients of Corporate Social Responsibility (CSR) funds from companies under Schedule VII of the Companies Act, 2013.
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 for long-term success. While a Section 8 Company offers the highest level of credibility and governance, other structures like Trust or Society might suit smaller organizations with simpler compliance needs. 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 (State-wise)
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
Geographic Operation
Pan-India with single registration
Typically state-specific
State-wise registration required
Foreign Funding (FCRA)
Eligible (Preferred structure)
Eligible
Eligible
Tax Benefits (12A & 80G)
Eligible
Eligible
Eligible
CSR Funding
Highly preferred by corporates
Accepted
Accepted
Compliance Level
High (Annual Returns, Audits, Board Meetings)
Low to Moderate
Moderate
Credibility
Highest (Government Licensed)
Moderate
Moderate
Registration Time
15-20 days
7-15 days
10-20 days
Dissolution
Complex, requires NCLT approval
Difficult, court intervention needed
Relatively easier with member consent
Best For
Large NGOs, Foundations, Federations, International funding
Family trusts, Religious organizations, Simple charities
Pros and Cons of Registering a Section 8 Company in Berhampur:
Explore the comprehensive pros and cons of forming a Section 8 Company in Berhampur. This table provides an in-depth comparison of essential factors 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 the highest credibility among all NGO structures in India.
Requires Central Government license approval, which can take 10-15 days and involves detailed scrutiny of charitable objectives.
Tax Benefits
Eligible for 12A (income tax exemption) and 80G (donor tax deduction) registrations, maximizing funds for charitable work and encouraging donations.
Tax benefits require separate applications after incorporation and ongoing compliance to maintain eligibility (renewal every 5 years).
Liability Protection
Members' personal assets are fully protected. Liability is limited to guarantee amount or unpaid share value, unlike Trusts.
Directors may face personal liability for fraud, mismanagement, or violation of Companies Act provisions.
Foreign Funding
Preferred structure for FCRA registration, enabling receipt of foreign contributions from international donors and foundations.
FCRA registration has strict requirements (3 years operation needed), compliance obligations, and penalties for violations.
Governance
Structured governance with Board of Directors ensures transparency, accountability, and professional management that donors trust.
Requires regular board meetings (minimum 4 per year), AGM, audits, and MCA filings, increasing administrative burden.
Name & Identity
No need to add "Limited" or "Private Limited" suffix, providing a professional and trust-inspiring identity like "ABC Foundation".
Name must be unique, reflect charitable nature, and be approved by MCA, which may require multiple attempts.
Geographic Scope
Single registration with MCA allows pan-India operations without requiring separate state-wise registrations like Societies.
May still need state-specific registrations for certain activities like receiving local government grants.
Amendments
Objects, name, and other details can be amended with Central Government approval, providing flexibility for organizational evolution.
Amendment process involves additional fees, time (15-30 days), and compliance requirements.
Cost
Lower stamp duty in most states, no minimum capital requirement, and tax exemptions reduce overall operational costs.
Higher initial setup cost compared to Trust or Society due to license application, professional fees, and compliance requirements.
Perpetual Succession
Organization continues to exist regardless of changes in directors or members, ensuring long-term stability of charitable work.
Dissolution is complex and requires NCLT approval, with remaining assets transferable only to similar charitable organizations.
Minimum Requirements for Section 8 Company Registration in Berhampur
Before starting your Section 8 Company registration, ensure you meet all the statutory requirements mandated by the Companies Act, 2013. Here is a comprehensive overview of the minimum criteria for both Private and Public Section 8 Companies:
Minimum 2 directors for Private Section 8 Company (max 15)
Minimum 2 members/subscribers for Private Section 8 Company (max 200)
Minimum 3 directors for Public Section 8 Company (max 15)
Minimum 7 members/subscribers for Public Section 8 Company (no max limit)
At least one director must be an Indian resident (182+ days in India)
No minimum capital requirement (any amount can be declared)
Digital Signature Certificate (DSC) Class 3 required for all directors
Director Identification Number (DIN) mandatory for all directors
Registered office address proof required (owned or rented premises)
Objects must be charitable or non-profit in nature
Projected income and expenditure statement for 3 years
Unique company name reflecting charitable nature
Cost of Section 8 Company Registration in Berhampur (2026)
Understanding the complete cost breakdown for Section 8 Company registration helps you plan your NGO budget effectively. The total cost depends on authorized capital, number of directors, state of registration, and additional services required. Here is a detailed breakdown:
Component
Cost Range
Description
Section 8 License Application (INC-12)
₹2,000 to ₹5,000
Government fee for license application to Regional Director
MCA Incorporation Fees (SPICe+)
₹500 to ₹2,500
Varies based on authorized capital. Lower fees for Section 8 companies
Stamp Duty
₹500 to ₹5,000
Reduced rates for Section 8 Companies. Varies by state of registration
Digital Signature Certificate (DSC)
₹800 to ₹2,000 per director
Class 3 DSC valid for 2 years required for each director
Director Identification Number (DIN)
₹500 per director
Government fee if applied separately (free if through SPICe+)
Name Reservation (RUN)
₹1,000
Fee for reserving company name through RUN service
Professional Fees
₹999 to ₹15,000
CA/CS charges for documentation, license application, and filing
12A & 80G Registration (Optional)
₹5,000 to ₹10,000
Professional fees for tax exemption registrations post-incorporation
Total Estimated Cost
For a standard Section 8 Company with 2 directors, the total registration cost typically ranges from ₹8,000 to ₹25,000 including all government fees and professional charges. At IncorpX, our complete package starts at just ₹999 with all government fees payable additionally at actuals. This includes license application, incorporation, and guidance for 12A & 80G registration.
Company Name Guidelines for Section 8 Company Registration
Selecting the right name for your Section 8 Company is crucial for brand identity and MCA approval. The Ministry of Corporate Affairs has specific guidelines for non-profit company names. A well-chosen name builds trust and gets approved faster.
Section 8 Company Name Structure:
[Unique Name] + [Charitable Nature Indicator]
Examples: Green Earth Foundation, National Education Society, Youth Welfare Association, Rural Development Trust
Key Naming Guidelines for Section 8 Companies:
No Suffix Required: Section 8 Companies are exempt from adding "Private Limited" or "Limited" to their name
Charitable Indicator: Name should ideally include words like Foundation, Association, Society, Federation, Council, Forum, or similar terms indicating non-profit nature
Uniqueness: The name must not be identical or similar to existing registered companies, LLPs, or trademarks
Prohibited Words: Cannot use words like "Republic," "Union," "President," "Governor," or government authority names without approval
Relevance: The name should relate to the charitable objectives mentioned in the MOA
No Commercial Terms: Avoid purely commercial terms that do not reflect charitable purpose
Tips for Quick Name Approval:
Use coined or invented words combined with charitable indicators
Avoid generic names that are likely to clash with existing organizations
Check name availability on MCA portal before applying
Keep 2 to 3 alternative names ready in case the first choice is rejected
Name reservation through RUN service is valid for 20 days
Planning to protect your brand? Consider filing for Trademark Registration after incorporation to secure exclusive rights to your organization's name and logo.
What Are the Documents Required for Section 8 Company Registration?
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 and specific documents for the Section 8 License application. Here is the complete checklist:
Category
Document Type
Specific Examples
Purpose
For Directors/Members (Indian)
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/NRIs
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 (INC-12)
Memorandum of Association (MOA)
Document defining charitable objectives 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
Statement of Assets & Liabilities
Projected balance sheet for 3 years
Shows expected financial position
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 in Berhampur
Registering a Section 8 Company involves obtaining a government license before incorporation, unlike regular companies. At IncorpX, we handle the entire process ensuring zero rejections and fast approval. Here is the complete roadmap for your Section 8 registration journey:
Step 1: Obtain Digital Signature Certificate (DSC)
The first step is obtaining Class-3 DSCs for all proposed directors. Since the MCA filing process is entirely online, DSCs are mandatory for digitally signing all incorporation documents. A DSC serves as your electronic identity and ensures secure, legally valid submissions. DSCs are issued by government-authorized Certifying Authorities and are typically valid for 2 years. At IncorpX, we help you obtain DSCs from trusted agencies within 24 to 48 hours.
Step 2: Apply for Director Identification Number (DIN)
Every director needs a unique identification number called DIN. For new Section 8 Company registrations, DINs for up to 3 directors are automatically allotted through the SPICe+ incorporation form. The DIN remains valid for life and stays with the director even if they join other organizations. Foreign nationals can also apply for DIN using their passport and overseas address proof.
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 (e.g., Foundation, Association, Welfare Society). You can propose up to 2 name options. The name reservation is valid for 20 days, and name approval typically takes 1-2 working days.
Step 4: Prepare MOA, AOA, and Financial Projections
Our expert CS team drafts the Memorandum of Association (MOA) defining your charitable objectives and scope, and the Articles of Association (AOA) outlining internal management rules. Additionally, we prepare the projected income and expenditure statement and statement of assets and liabilities for 3 years, which are required for the license application.
Step 5: Apply for Section 8 License (Form INC-12)
This is the most crucial step that differentiates Section 8 from regular company registration. We prepare and file Form INC-12 with the Regional Director along with MOA, AOA, projected financials, declarations by directors, and other supporting documents. The Regional Director reviews the application and verifies the charitable objectives. The license is typically issued within 10-15 working days if all documents are in order.
Step 6: File SPICe+ Form for Incorporation
After receiving the Section 8 License, we file the SPICe+ form with the Registrar of Companies (RoC) along with the license, MOA, AOA, director consent forms, and registered office proof. This integrated form also applies for PAN, TAN, EPFO, ESIC, and professional tax registration. Government fees are calculated based on authorized capital.
Step 7: Receive 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 and includes your unique Corporate Identification Number (CIN). Along with the CoI, you receive the company's PAN, TAN, and approved MOA and AOA.
Step 8: Post-Incorporation Steps
After incorporation, complete these essential steps: Open a corporate bank account in the company's name, apply for 12A and 80G registration for tax benefits, register on DARPAN portal for government grants, and set up proper accounting systems. If you plan to receive foreign donations, start preparing for FCRA registration.
Get your Section 8 Company registered in just 15-20 days with IncorpX!
After Incorporation: Essential Steps for Your New Section 8 Company
Congratulations on registering your Section 8 Company! However, incorporation is just the beginning. There are several important steps you must complete to make your NGO fully operational and eligible for funding. Here is a comprehensive post-registration checklist:
1. Open a Corporate Current Account
Open a current account in the company's name within 7 to 15 days of incorporation. This is mandatory for receiving donations and managing organizational finances. You will need the Certificate of Incorporation, MOA, AOA, PAN card, board resolution, and identity proof of directors. Many banks like SBI, HDFC, and ICICI offer special accounts for NGOs.
2. Apply for 12A Registration
File for 12A Registration with the Income Tax Department to exempt your organization's income from taxation. Without 12A, your Section 8 Company will be taxed at normal corporate rates. New organizations receive provisional 12A registration valid for 3 years, which must be converted to regular registration later.
3. Apply for 80G Registration
Apply for 80G Registration to allow donors to claim tax deductions on their contributions. This significantly increases your ability to attract donations as donors get 50% to 100% tax benefit. 80G registration is typically applied along with 12A and is valid for 5 years with renewal requirement.
4. Register on DARPAN Portal
Register your Section 8 Company on the NGO-DARPAN portal maintained by NITI Aayog. DARPAN registration is required for receiving government grants, CSR funding from PSUs, and various government scheme benefits. The registration is free and provides a unique DARPAN ID.
5. Appoint a Statutory Auditor
Appoint a practicing Chartered Accountant as the company's statutory auditor within 30 days of incorporation. File Form ADT-1 with the RoC within 15 days of the appointment. The auditor will conduct the annual audit and certify financial statements.
6. Set Up Proper Accounting Systems
Implement proper accounting systems to track income, expenses, donations, and project expenditure. Maintain separate accounts for different projects and funding sources. Consider using accounting software designed for NGOs to ensure compliance with legal requirements.
7. Apply for FCRA Registration (If Planning Foreign Funding)
If you plan to receive foreign donations, apply for FCRA Registration with the Ministry of Home Affairs. Note that you must be operational for at least 3 years before applying for regular FCRA. Prior Permission can be obtained for specific projects without the 3-year requirement.
8. Maintain Statutory Registers
Section 8 Companies must maintain various statutory registers including Register of Members, Register of Directors, Minutes Book for Board and General Meetings, and Register of Contracts. These records must be available for inspection and are essential for compliance.
Annual Compliance Requirements for Section 8 Companies in Berhampur
Registering your Section 8 Company is just the first step. To maintain legal validity, preserve your government license, and stay eligible for tax benefits and funding, it is essential to comply with MCA regulations and Income Tax requirements. Regular filings, audits, and board meetings ensure your organization remains compliant and credible. Here is a comprehensive compliance checklist:
Compliance
Requirement Details
Due Date
Penalty for Non-Compliance
Annual Return (MGT-7)
File Form MGT-7 with details of members, directors, shareholding, and activities.
Within 60 days of AGM
₹100 per day of delay, plus additional penalties
Financial Statements (AOC-4)
Submit Form AOC-4 including audited balance sheet, income & expenditure, and auditor's report.
Within 30 days of AGM
₹100 per day of delay for company and officers
Board Meetings
Hold a minimum of 4 board meetings per financial year with a maximum 120-day gap between meetings.
Quarterly
₹25,000 for company, ₹5,000 for each director
Annual General Meeting (AGM)
Conduct AGM to approve financials, appoint auditors, and discuss resolutions with members.
By September 30th each year
₹1 lakh for company, ₹25,000 for each officer
Director KYC (DIR-3 KYC)
Each director must submit Form DIR-3 KYC to validate and update their details.
By September 30th annually
DIN deactivated with ₹5,000 reactivation fee
Income Tax Return (ITR-7)
File Form ITR-7 declaring income, expenditure, donations received, and claiming 12A exemption.
By October 31st annually
₹5,000 to ₹10,000 late fee plus interest
Statutory Audit
Conduct annual financial audit by a practicing Chartered Accountant registered with ICAI.
Before AGM each year
Affects credibility and compliance status
Form CSR-2
File if the company receives CSR funds from other companies under Schedule VII.
Annually with Form AOC-4
Reports utilization of CSR funds received
FCRA Compliance (FC-4)
File FC-4 return if registered under FCRA and receiving foreign contributions.
By December 31st annually
FCRA registration cancellation, penalties
12A & 80G Renewal
Apply for renewal of 12A and 80G registrations before expiry.
Every 5 years (6 months before expiry)
Loss of tax exemption status
DARPAN Update
Update DARPAN portal with annual activities and financial information.
Annually
Ineligibility for government grants
Need help with compliance? Explore our comprehensive Annual Compliance Services to ensure your Section 8 Company stays compliant year-round.
Tax Benefits Available to Section 8 Companies
Section 8 Companies are eligible for significant tax benefits under the Income Tax Act, 1961. These benefits help maximize funds available for charitable activities and encourage donations from individuals and corporations. Here is a comprehensive overview:
Tax Benefit
Section
Benefit Description
Eligibility
12A Registration
Section 12A/12AB
Complete exemption of income from taxation when used for charitable purposes
All Section 8 Companies with charitable objects
80G Registration
Section 80G
Donors can claim 50% or 100% tax deduction on donations made to the organization
Section 8 Companies with 12A registration
CSR Exemption
Schedule VII
Eligible to receive CSR funds from companies meeting CSR threshold
Registered Section 8 Companies
Stamp Duty Exemption
State Laws
Reduced stamp duty on registration documents in most states
All Section 8 Companies
35AC Donation Deduction
Section 35AC
100% deduction for donations to notified projects for social/scientific research
Section 8 Companies with approved projects
GST Exemptions
GST Act
Exemption on certain charitable activities and grant-based operations
Why Choose IncorpX for Section 8 Company Registration in Berhampur?
IncorpX is trusted by over 5,000 NGOs and charitable organizations across India for hassle-free Section 8 Company registration. Here is what sets us apart:
100% Digital Process: Complete your registration from anywhere in India without visiting any office
Transparent Pricing: No hidden charges. Professional fees starting at just ₹999
Fast Incorporation: Get your Section 8 Company registered in as fast as 15-20 working days
Expert Support: Dedicated CA and CS experts with NGO specialization assigned to each client
End-to-End Service: From license application to 12A, 80G, and DARPAN registration
FCRA Guidance: Expert assistance for FCRA registration and foreign funding compliance
Zero Rejection Policy: Thorough document review before submission to prevent rejections
Post-Incorporation Support: Ongoing compliance assistance and annual filing support
Related Services for Your NGO
Beyond Section 8 Company registration, IncorpX offers a comprehensive suite of NGO and compliance services to help you launch, grow, and stay compliant. Explore our related services:
Stay compliant with MCA, Income Tax, and FCRA requirements. Our experts handle all annual filings and audits.
FAQs on Section 8 Company Registration in Berhampur
Setting up a Section 8 Company in Berhampur 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 registered under Section 8 of the Companies Act, 2013 for promoting charitable objectives like education, art, science, sports, religion, social welfare, or environmental protection. Unlike regular companies, Section 8 Companies cannot distribute profits or dividends to members. All income must be applied towards achieving the organization's charitable objectives.
To register a Section 8 Company in Berhampur, you need: Minimum 2 directors and 2 members for a Private Section 8 Company, or minimum 3 directors and 7 members for a Public Section 8 Company. At least one director must be an Indian resident (stayed in India for 182+ days in the previous calendar year). There is no minimum capital requirement.
The cost of Section 8 Company registration varies based on authorized capital and professional fees. Government fees range from ₹500 to ₹2,500 depending on capital. Professional fees at IncorpX start from ₹999. Additional costs include DSC (₹800-2,000 per director), stamp duty (varies by state), and license application fees. Total cost typically ranges from ₹8,000 to ₹25,000.
The complete Section 8 Company registration process typically takes 15-20 working days. This includes: Section 8 License approval from Regional Director (10-15 days), name reservation (1-2 days), and incorporation with RoC (5-7 days after license). Timely submission of accurate documents can speed up the process.
For Directors/Members: PAN Card, Aadhaar Card/Passport, recent utility bill or bank statement
For Registered Office: Rent agreement or ownership proof, utility bill, NOC from owner
For Section 8 License: MOA, AOA, declaration by directors, projected income and expenditure for 3 years
Digital Signature Certificate (DSC) for all directors
Yes, NRIs and foreign nationals can become directors in a Section 8 Company. However, at least one director must be an Indian resident. For FCRA registration eligibility, it is advisable to have majority Indian citizens as directors and members. Foreign directors must provide notarized and apostilled documents.
The Section 8 License is a special license issued by the Central Government (Regional Director) before incorporating a Section 8 Company. It confirms that the company is formed for charitable purposes and will not distribute profits. The license exempts the company from using 'Limited' or 'Private Limited' suffix and allows operation as a recognized non-profit entity.
No, a Section 8 Company is strictly prohibited from distributing profits, dividends, or bonuses to its members. All income and surplus must be applied towards promoting the company's charitable objectives. Violation of this condition can result in license revocation and penalties.
Section 8 Company: Governed by Companies Act, 2013; separate legal entity; limited liability for members; higher compliance but greater credibility
Trust: Governed by Indian Trusts Act, 1882; trustees have unlimited liability; simpler compliance; difficult to amend trust deed
Section 8 is preferred for large NGOs seeking institutional funding.
Society: State-specific registration, governed by Societies Registration Act, 1860, suitable for local clubs and associations
Section 8 offers better scalability and recognition.
Yes, a Section 8 Company can receive foreign contributions after obtaining FCRA (Foreign Contribution Regulation Act) registration from the Ministry of Home Affairs. The organization must be operational for at least 3 years before applying for FCRA. Prior Permission can be obtained for specific projects without the 3-year requirement.
12A Registration under the Income Tax Act exempts the Section 8 Company's income from taxation. Without 12A, the organization would be taxed at normal corporate rates. 12A registration is essential for:
Tax exemption on income used for charitable purposes
Eligibility for other registrations like 80G and FCRA
Maintaining non-profit status
80G Registration allows donors to claim tax deductions on their contributions to the Section 8 Company. Donors can claim 50% or 100% deduction (depending on the category) on the donated amount. This encourages more donations as it provides tax benefits to contributors, helping the organization raise more funds.
Section 8 Companies must comply with:
Form MGT-7: Annual Return (within 60 days of AGM)
Form AOC-4: Financial Statements (within 30 days of AGM)
ITR-7: Income Tax Return (annually)
DIR-3 KYC: Director KYC (annually)
Board Meetings: Minimum 4 per year
AGM: By September 30th each year
Statutory Audit: Annual audit by CA
Yes, a Section 8 Company can engage in limited commercial activities as long as: the profits are used exclusively for charitable objectives, the commercial activity supports the main charitable purpose, and no profits are distributed to members. For example, an educational NGO can sell books or courses if proceeds fund educational programs.
If a Section 8 Company violates license conditions (like distributing profits or deviating from charitable objectives), the Central Government can:
Revoke the Section 8 License
Direct the company to convert to a regular company
Order winding up of the company
Impose penalties on directors
Compliance is essential to maintain the license.
Yes, directors can receive reasonable remuneration for services rendered to the company. This must be: disclosed in the Articles of Association, approved by the board, at market rates for similar services, and documented properly. However, remuneration cannot be profit-sharing or dividend-like in nature.
No, there is no minimum capital requirement for registering a Section 8 Company. You can incorporate with any amount of authorized capital based on your organization's needs. However, having adequate capital demonstrates financial viability and strengthens the license application.
Yes, as a separate legal entity, a Section 8 Company can own property in its own name. It can purchase, lease, or receive property as donations. The property belongs to the company, not to individual members, and can be used for achieving the organization's charitable objectives.
GST registration is mandatory for Section 8 Companies only if:
Taxable turnover exceeds the threshold limit (₹40 lakh for goods, ₹20 lakh for services)
The company engages in inter-state supply of goods or services
The company provides taxable services or sells goods
Pure grant-based activities are generally exempt from GST.
Under the new Income Tax provisions (effective from April 2021), 12A and 80G registrations are valid for 5 years and must be renewed before expiry. New organizations receive provisional registration valid for 3 years, which must be converted to regular registration after demonstrating actual charitable activities.
Conversion from Section 8 to a regular company is extremely difficult and requires: approval from the Central Government, valid justification for conversion, payment of all accumulated profits or surplus to a similar charitable organization, and compliance with specific NCLT procedures. The non-profit character of Section 8 is meant to be permanent.
The Regional Director (RD) of the Ministry of Corporate Affairs plays a crucial role in Section 8 registration:
Reviews the license application (Form INC-12)
Verifies the charitable objectives and projected activities
Examines the promoters' background
Issues or rejects the Section 8 License
The RD ensures only genuine non-profits receive the license.
Yes, employees can become members of a Section 8 Company, subject to eligibility criteria defined in the Articles of Association. Some organizations restrict membership to volunteers or founders, while others allow broader participation. Membership rights and responsibilities should be clearly defined in the AOA.
Form INC-12 is the application form for obtaining the Section 8 License from the Central Government. It is filed before incorporation and includes: proposed company name, details of directors and members, MOA and AOA, projected income and expenditure for 3 years, and declarations by promoters. The license is issued based on this application.
Yes, Section 8 Companies are eligible for:
Government Grants: Various central and state government schemes for NGOs
CSR Funding: Corporate Social Responsibility funds from companies under Schedule VII of Companies Act
International Grants: After FCRA registration
12A and 80G registrations enhance eligibility for funding.
DARPAN (NGO-DARPAN) is a portal maintained by NITI Aayog for NGO registration. While not legally mandatory, DARPAN registration is required for: receiving government grants, CSR funding from PSUs, and various government scheme benefits. Section 8 Companies are strongly advised to register on DARPAN after incorporation.
Yes, a Section 8 Company registered with MCA can operate pan-India without separate registrations in each state. This is a significant advantage over Societies, which require state-wise registration. However, for specific activities or receiving local government grants, additional state-level registrations may be required.
Credibility: Government-licensed entity with higher trust among donors
Pan-India Operation: Single registration valid across all states
Limited Liability: Members' personal assets protected
Structured Governance: Clear roles for directors and members
Amendment Flexibility: Objects can be changed with Central Government approval
Foreign Funding: Preferred structure for FCRA registration
No, Section 8 Companies are exempt from using the suffix 'Limited' or 'Private Limited' in their name. This is a special privilege granted by the Section 8 License. The exemption gives the organization a more professional and trust-inspiring identity suitable for charitable work, such as 'ABC Foundation' or 'XYZ Welfare Society'.
No, a minimum of 2 persons are required to register a Private Section 8 Company (2 directors and 2 members, who can be the same individuals). For a Public Section 8 Company, minimum 3 directors and 7 members are required. Single individuals should consider registering a Trust instead.
Section 8 Company name approval follows these steps:
Name should reflect the charitable nature (e.g., Foundation, Association, Welfare)
Apply through RUN (Reserve Unique Name) service on MCA portal
Name must be unique and not similar to existing companies or trademarks
Avoid prohibited words without prior approval
Reservation valid for 20 days after approval
Section 8 Companies enjoy reduced stamp duty in most states. The exact amount varies by state and authorized capital. For example:
Delhi: Nominal stamp duty for MOA and AOA
Maharashtra: Concessional rates for charitable companies
Karnataka: Reduced rates for non-profit entities
Your CA/CS can provide exact calculations based on your state.
Yes, a Section 8 Company can change its name by: passing a special resolution in a general meeting, obtaining approval from the Central Government (Regional Director), filing the necessary forms with MCA, and updating all official records and registrations. The new name must also reflect the charitable nature of the organization.
To add a director: obtain DIN for the proposed director, pass a board resolution, file Form DIR-12 with MCA within 30 days. To remove a director: pass a resolution as per AOA provisions, file Form DIR-12 for cessation, and update company records. At least 2 directors (for Private) or 3 directors (for Public) must remain at all times.
Yes, a Section 8 Company can be wound up through:
Voluntary Winding Up: By special resolution of members
NCLT Order: For non-compliance or other grounds
Central Government Direction: For license violation
Upon winding up, remaining assets must be transferred to another organization with similar charitable objectives, not to members.
Section 8 Companies must maintain:
Register of Members and Directors
Minutes Book (Board and General Meetings)
Register of Charges (if applicable)
Books of Accounts
Statutory Registers as per Companies Act
Project Records and Beneficiary Data
Donation and Grant Records
These records must be available for inspection and audit.
Yes, statutory audit is mandatory for all Section 8 Companies regardless of turnover. A practicing Chartered Accountant registered with ICAI must be appointed as auditor within 30 days of incorporation. The auditor conducts annual financial audit and provides an audit report that is filed with the annual financial statements.
Yes, Section 8 Companies can avail loans from banks and financial institutions for organizational purposes. However, loans should be used for charitable activities and asset creation, not for profit-making ventures. Some banks offer special schemes for NGOs with concessional interest rates. Proper documentation and board approval are required for borrowing.
Private Section 8: Minimum 2 directors and 2 members, maximum 200 members, suitable for smaller organizations
Public Section 8: Minimum 3 directors and 7 members, no maximum limit on members, suitable for large-scale charitable institutions with widespread public involvement
Choose based on your organization's scale and membership plans.
