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What is a Section 8 Company?

A Section 8 Company is a legally recognized non-profit entity formed under the Companies Act, 2013 to promote charitable, educational, social, religious, and environmental objectives.

Unlike private or public limited companies, a Section 8 Company cannot distribute profits among its members. Any income or surplus generated must be reinvested to further its social objectives. This structure offers high credibility, limited liability protection, tax exemptions, and eligibility for government grants, CSR funding, and international collaborations—making it a preferred choice for NGOs, trusts, and social enterprises.

Understanding Section 8 Companies

Section 8 Companies operate with a corporate governance structure while maintaining a strong charitable focus. Governed by the Ministry of Corporate Affairs (MCA) and registered with the Registrar of Companies (ROC), they ensure transparency, accountability, and long-term sustainability.

These entities can receive CSR funding, claim tax exemptions under Sections 12A & 80G, and apply for FCRA approval to accept foreign contributions—making them the most structured and trusted non-profit model in India.

Section 8 Company Overview

Legal Framework & Governing Authorities

Ministry of Corporate Affairs (MCA)

Approves incorporation and issues the license to operate as a Section 8 Company.

Registrar of Companies (ROC)

Handles registration, compliance filings, and governance oversight.

Income Tax Department

Grants tax exemptions under Sections 12A & 80G for companies and donors.

FCRA Authority

Regulates eligibility to receive foreign donations and international grants.

NITI Aayog & Govt Bodies

Facilitate government funding, welfare projects, and policy support.

Registering as a Section 8 Company provides unmatched credibility, structured governance, and financial advantages—helping organizations scale their social impact with transparency and trust.

Key Benefits Section 8 Company

Why a Section 8 Company is the preferred choice for NGOs, trusts and social enterprises.

Tax Exemptions & Financial Benefits

Registering as a Section 8 entity enables donors to claim rebates (Section 80G) and allows the company to apply for 12A/80G registrations for long-term tax relief.

Credibility & Legal Recognition

A Section 8 Company carries high legal credibility—boosting donor trust, enabling CSR partnerships and easing access to grants and institutional funding.

Limited Liability Protection

Directors and members enjoy limited liability—personal assets are generally protected from company debts and legal exposure.

Eligibility for Grants & Schemes

Section 8 status increases eligibility for government schemes, grants, CSR funding and institutional partnerships—opening new funding channels.

Better Compliance & Governance

A structured corporate framework promotes transparency, stronger governance and audit-readiness—helping with donor confidence and legal compliance.

No Minimum Capital Requirement

There is no statutory minimum paid-up capital—making Section 8 registration accessible to grassroots initiatives and small organisations.

Eligibility Criteria for Section 8 Company Registration

Understand who can register a Section 8 Company and the permitted non‑profit activities under the Companies Act, 2013.

1

Eligibility Conditions

A Section 8 Company is designed exclusively for organizations working towards charitable and social objectives. The key eligibility requirements include:

  • Formed for charitable, educational, religious, scientific, or social welfare purposes
  • Profits must be reinvested into organizational objectives
  • Minimum 2 directors (Private) or 3 directors (Public)
  • At least one director must be an Indian resident
  • Name must include Foundation, Association, Society, Council, or Institute
Section 8 Eligibility
2

Who Can Register a Section 8 Company?

Section 8 Companies can be formed by individuals, organizations, corporates, and even foreign entities subject to compliance.

Individuals & Groups

Any person or group with a social objective

NGOs & Trusts

Existing NGOs can convert for better credibility

Corporate Entities

CSR-driven organizations managing social initiatives

Foreign Nationals

Allowed with FCRA compliance

Who Can Register Section 8
3

Permitted Activities Under Section 8

Section 8 Companies can undertake a wide range of non‑profit activities focused on social impact and development.

📘 Education & Literacy
🏥 Healthcare & Medical Relief
🌱 Environment & Sustainability
🤝 Social Welfare Programs
🎨 Art & Culture Promotion
🔬 Scientific Research
Permitted Activities

Documents Required for Section 8 Company

Prepare these documents for smooth Section 8 Company registration

PAN Card

PAN of all directors & shareholders

Identity Proof

Aadhaar / Passport / Voter ID

Address Proof

Utility bill / Bank statement

Passport

For foreign nationals (apostilled)

Registered Office Proof

Electricity / Water / Property tax bill

Rental Agreement

If office premises are rented

NOC

From property owner

MOA & AOA

Company objectives & rules

INC-14 & INC-15

Declarations for Section 8

DIN & DSC

Director identification & signature

Projected Income

3-year financial projection

Promoter Details

Members & promoters information

Additional Documents (If Applicable)

Based on nature of activities

Resolution

From existing entity (if any)

Government Approval

If activities are regulated

STEP-BY-STEP

Process for Section 8 Company Registration

A legally compliant process to register a non-profit Section 8 Company in India

1

Obtain Digital Signature Certificate (DSC)

All proposed directors must obtain DSCs to digitally sign incorporation and licensing documents.

2

Apply for Director Identification Number (DIN)

Directors must obtain DIN through DIR-3 or during SPICe+ filing as part of incorporation.

3

Reserve Company Name (RUN)

Once approved, the proposed name is reserved for a limited validity period (typically 20 days), within which incorporation filings must be completed.

4

Draft MoA & AoA

Prepare Memorandum and Articles defining charitable objectives, governance structure, and internal rules. The Memorandum of Association must clearly declare the non-profit objectives of the company and restrict the distribution of profits to members.

5

File INC-12 for Section 8 License

Apply for Section 8 license by submitting INC-12 with MoA, AoA, declarations, and supporting documents.

6

File SPICe+ for Incorporation

Submit SPICe+ along with AGILE-PRO, INC-9, MoA, and AoA for company incorporation.

7

Receive COI & Section 8 License

MCA issues Certificate of Incorporation, PAN, TAN, and Section 8 license upon approval.

8

Open Bank Account & Start Operations

Open a company bank account and commence charitable activities in line with Section 8 objectives.

Annual Compliance & Tax Exemptions

File MGT-7 & AOC-4 annually and apply for 12A & 80G registrations to claim tax exemptions.

Section 8 Company Fees & Processing Time

Transparent cost structure and realistic timelines

Government Fees & Other Charges

  • Section 8 Companies enjoy reduced government fees compared to other company structures.
  • Key cost components include:
  • DSC (Digital Signature Certificate): ₹1,000 – ₹2,000 per director
  • DIN (Director Identification Number): ₹500 per director (if not via SPICe+)
  • Name Reservation (RUN): ₹1,000
  • INC-12 Filing Fee: ₹2,000 – ₹5,000 (state dependent)
  • Stamp Duty: As per state regulations
  • Professional Fees: ₹10,000 – ₹25,000 (approx.)

Expected Processing Time & Approval Duration

  • The complete Section 8 registration process usually takes 20–30 working days.
  • Estimated timeline breakdown:
  • DSC & DIN: 1–3 days
  • Name Approval (RUN): 2–5 days
  • INC-12 License Approval: 10–15 days
  • Incorporation Certificate: 7–10 days after approval
  • Timelines may vary due to document corrections, name rejection, or MCA workload.

Post‑Registration Compliance & Legal Obligations

Key compliances every Section 8 Company must follow after registration

Annual Filing

Maintaining Financial Records & Annual Filing

Section 8 companies must maintain proper books of accounts and file annual compliances under the Companies Act, 2013.

  • Form AOC‑4: Filing of financial statements
  • Form MGT‑7: Annual return with MCA
  • Audit: Mandatory audit by Chartered Accountant

Income Tax & GST Compliance

Section 8 Companies must comply with tax laws depending on their activities.

  • 12A & 80G: Tax exemption registration
  • GST: Mandatory if turnover exceeds prescribed limits
  • TDS: Applicable on payments made
Tax Compliance
Fundraising Compliance

Fundraising & Grant Regulations

Section 8 Companies can raise funds, but strict compliance is mandatory.

  • FCRA: Mandatory for foreign donations
  • CSR: Compliance with Companies Act
  • Utilisation: Proper fund tracking & documentation

Common Challenges in Section 8 Company Registration

Key issues faced during registration and practical solutions to overcome them

Documentation Errors & Delays

Solution: Ensure that MOA, AOA, declarations, and identity proofs are accurately prepared and reviewed by professionals before submission to avoid rejections.

ROC & MCA Compliance Issues

Solution: Maintain proper records, file annual returns on time, and follow MCA guidelines regularly to prevent penalties and legal complications.

Misinterpretation of Non‑Profit Activities

Solution: Clearly define charitable objectives in the MOA and ensure that all funds are strictly used for social purposes to remain compliant.

Why Choose Udyog Suvidha Kendra
for Section 8 Company Registration?

Trusted expertise, transparent pricing, and complete compliance support to help you focus on your social mission.

01

Expert Guidance & Hassle‑Free Registration

Our experienced professionals manage documentation, approvals, and filings end‑to‑end, ensuring a smooth and error‑free Section 8 company registration.

02

Complete Compliance & Legal Support

From ROC & MCA compliance to post‑registration obligations, we help your Section 8 company remain legally compliant and audit‑ready at all times.

03

Affordable, Transparent & Reliable

We offer cost‑effective packages with no hidden charges and dedicated support—giving you clarity, confidence, and peace of mind.

Frequently Asked Questions