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A Section 8 Company is a type of company registered under the Companies Act, 2013, with charitable objectives such as the promotion of arts, commerce, science, education, sports, environmental protection, religion, charity, and more. While it can generate profit, it cannot distribute the profit among its members; all income must be used for the charitable purposes for which it is registered.
The charitable company is registered under Section 8 of the Companies Act, 2013, which provides it special status due to its objects. Compared to other types of companies, Section 8 company enjoys various exemptions and relaxations.
A Section 8 Company enjoys various tax exemptions and relaxed compliance requirements, reducing government interference and administrative burdens.
The company obtains a separate legal identity, meaning it can own assets and liabilities independently of its members. Changes in membership do not affect its existence or operations.
Members' liability is limited to the extent of their capital contribution. Personal assets of members or directors are not at risk in case of losses or obligations.
A Section 8 Company is not required to use "Private Limited" or "Limited" in its name, focusing attention on its charitable purpose rather than its corporate status.
To register such company, the promoters have to ensure the following:
There is no minimum amount of capital prescribed for the charitable company. The promoters may introduce the amount sufficient to start and run business.
The name of the company should be formulated as per the naming guidelines. The application for reservation of name is made in web-form called “RUN” with a maximum of 2 unique names. The registrar may ask to re-submit the application with a different name if the names do not fulfill the requirements.
The promoters shall apply in e-form INC-12 for said approval from Central Government. The form is accompanied with MoA – AoA of the company, declarations from promoters, estimated statement of income & expenditure for next three years, etc. If the application is approved, the approval letter is issued in form INC-16.
No. The registration process is completely online, the physical presence of the promoters is not required. All the documents and details can be transmitted through the mail or uploaded on our portal.
Yes, an NRI or Foreign National can be a Director in a Section 8 Company after obtaining Director Identification Number. However, at least one Director on the Board of Directors must be an Indian citizen and a resident.
The Section 8 company is popularly known as NGO. However, NGOs can be registered as other business structure like trust, society, etc.
The Section 8 company is popularly known as NGO. However, NGOs can be registered as other business structure like trust, society, etc.
A Section 8 or Charitable Company shall not pay any dividend to its members, but apply the surplus of receipts over payments for the promotion of its objectives.
Once the company is incorporated, it is in existence and active as long as the annual compliances are met with regularly or it is wound-up voluntarily.