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NGO Registration
NGO Registration
NGO Consultancy
NGO Consultancy

Non Profit Section 8 Company Registration

Registration Process of Not Profit Section 8 Company as NGO

To know how to register Non Profit Company as a NGO you can  check the required process and information given here. A Non Profit Company to promote art, science, charity, religion or commerce for social development, social welfare and for charity can be registered under section 8 of the Indian Companies Act, 1956. But remember the profits, if any, cannot be divided among its members/directors. Instead it can only be used to promote the objectives of the company that are social welfare, charity and not for profit. For this a Memorandum and Article of Association is required. No stamp paper is needed. At least 3 members are needed to formulate a Section 8 company while there is no upper limit on it. Section 8 is the same Section 25 (old Companies Act, 1956) with new updates and additions under the new Companies Act 2013. Non Profit Company under section 8 is one of the very popular registration form for Non- Profit Organisations in India.
To register a Non-Profit Company under section 8, the process is similar to that of other companies. You will just need an additional license. The Non Profit Company Registration process and procedure to get registered in a nutshell is:

How to Register Section 8 Non Profit Company in India

Section 8 companies in India are special entities established under the Companies Act, 2013, aimed at promoting charitable activities. These organizations are exempt from using “Limited” or “Private Limited” in their names and are recognized for their non-profit nature, offering several tax advantages and benefits. Our consultancy provides expert assistance throughout the registration process of a Section 8 company, ensuring full compliance with legal standards.

  1. Initial Consultation and Assessment
  • Understanding Objectives: We start with an in-depth consultation to understand your charitable objectives and discuss the potential activities of your proposed non-profit.
  • Evaluating Suitability: Our experts assess whether a Section 8 company is the best organizational structure to meet your goals, considering legal and operational perspectives.
  1. Drafting Governing Documents
  • Memorandum of Association: Assistance in drafting the memorandum of association that outlines your non-profit’s objectives and missions.
  • Articles of Association: Development of articles of association that detail the governance structure and operational rules of your organization.
  1. Documentation Preparation
  • Identity and Address Proofs: Gathering and verification of all promoters’ identity proofs and the address proof for the registered office.
  • Director Consent Letters: Compilation of necessary consent letters from all directors involved in the non-profit.
  1. Submission of Registration Application
  • Filing with ROC/MCA: We handle the submission of your application to the Registrar of Companies (ROC) or the Ministry of Corporate Affairs (MCA).
  • Ensuring Accuracy: Our team ensures that the application is accurately filled out to avoid any delays or rejections.
  1. Application Monitoring and Compliance
  • Tracking Progress: Regular follow-ups with the ROC or MCA to monitor the status of your application.
  • Addressing Queries: Prompt responses to any queries or additional information requests from the authorities.
  1. Registration Approval and Certificate Issuance
  • Approval: Assistance in receiving final approval from the ROC or MCA.
  • Certificate of Incorporation: Facilitation in obtaining the Certificate of Incorporation, marking the formal establishment of your Section 8 company.
  1. Post-Registration Support
  • Legal and Tax Registrations: Guidance on completing additional legal and tax registrations post-approval.
  • Ongoing Compliance: Support with ongoing compliance requirements, including annual filings and updates on legislative changes.
  1. Advantages of a Section 8 Company
  • Tax Benefits: Detailed advice on how to leverage the tax benefits available to Section 8 companies.
  • Credibility: Enhanced credibility with government bodies, donors, and other stakeholders.
  • No Minimum Capital Requirement: No requirement for a minimum capital contribution, making it easier to start a non-profit.
  1. Comparisons and Decision-Making
  • Section 8 Company vs Trust vs Society: Insights into how Section 8 companies compare to trusts and societies, helping you make an informed decision.
  • Private Limited vs Section 8 Company: Analysis of the differences and benefits over a private limited company setup.

Empowering Your Charitable Mission
Our comprehensive support for Section 8 Company registration includes a step-by-step guide from conceptualization to realization. We ensure that every phase, from the Section 8 Company incorporation process to understanding the Section 8 Company benefits, is handled with the highest professionalism. By utilizing our services, you can focus on advancing your charitable initiatives confidently, knowing the legal and procedural aspects are expertly managed. Whether you aim to register a Section 8 company online or require detailed comparisons like Section 8 Company vs Trust vs Society, our team is equipped to provide all necessary support and guidance.

Types of Section 8 Companies: With or Without Share Capital

Section 8 companies can be formed either with share capital or without share capital, each catering to different operational needs and objectives:

  • With Share Capital: These companies issue shares to their members and are appropriate for non-profits that plan to generate capital through member contributions. Each member’s liability is limited to the amount unpaid on their shares.
  • Without Share Capital: Most Section 8 companies operate without share capital, relying instead on donations and grants. Members do not hold shares, and their liability is limited to the amount they agree to contribute towards the assets of the company in the event of its winding up.

Strategic Steps to Register a Section 8 Company Online

  • Digital Application Process: Our consultancy facilitates a fully digital process for registering a Section 8 company, guiding you through each step online.
  • Documentation Upload and E-Signatures: We help you prepare and upload all required documents and obtain electronic signatures from directors and members to streamline the registration process.

Tax Benefits and Compliance for Section 8 Companies

  • Tax Exemptions: Section 8 companies enjoy various tax benefits, including exemptions under sections 12A and 80G of the Income Tax Act, which can significantly enhance their financial sustainability.
  • Annual Filing Requirements: We provide comprehensive support in meeting annual compliance, including the filing of annual returns and financial statements with the MCA, ensuring your organization remains compliant with ongoing regulatory requirements.

Amendments in Section 8 Company Law: Staying Updated

  • Recent Changes: Our team keeps abreast of the latest amendments in Section 8 company law, providing timely updates and strategic advice on how these changes could impact your organization.
  • Adapting to Legal Reforms: We assist in making any necessary adjustments to your company’s operations and documentation to comply with new legal standards.

Operational Differences: Section 8 Company vs Private Limited Company

  • Objective Differences: Unlike private limited companies, which operate to generate profits for shareholders, Section 8 companies are dedicated to promoting their non-profit objectives without distributing profits.
  • Governance and Ownership: Section 8 companies are subject to stricter governance and transparency requirements, which helps build trust with donors and regulatory bodies.

Consultancy Service for Section 8 Non Profit Company

  • Pre-Registration Strategy: Before filing your application, we work with you to strategize the most effective structure for your organization, considering your long-term goals and operational needs.
  • Post-Registration Growth: Once registered, we don’t just stop at compliance; we help you grow. From securing funding and managing public relations to navigating changes in corporate governance, we’re with you at every step.

 By choosing us, you ensure that your organization not only meets all regulatory requirements but is also positioned for sustainable growth and social impact. Let’s collaborate to transform your vision into a thriving, compliant, and impactful non-profit organization.

Your Partner in Non-Profit Success
Choosing our consultancy for your Section 8 Company registration means selecting a partner dedicated to your non-profit’s success. Our extensive experience with the Non-Profit Company registration process in India and our commitment to providing tailored solutions ensure that your organization not only achieves legal compliance but also thrives and makes a significant social impact.

By leveraging our expertise, you can effectively navigate the complexities of how to register an NGO as a Section 8 company, maximize the benefits of a Section 8 company, and sustain your operations with sound financial and legal practices. Our goal is to empower you to focus fully on your mission, knowing all logistical and regulatory challenges are proficiently handled by our capable team.

Frequently Asked Questions (FAQs) for a Section 8 Non-Profit Company

You can take consultation to form the Non Profit Company through a Chartered Accountant, Law Firm or NGO Consultancy for Company Registration.