Registration of Non Profit Section 8 Company
The Registration of NGO as a Section 8 Non Profit Company is under the provisions of Section 8 of Indian Companies Act, 2013. The registration of Non Profit Section 8 Company is recognised as national level NGO. his type of NPO/NGO is suitable for all the social welfare and charitable activities.. Though there is no profit in this organisation but there is a complete procedure which is required to follow starting from the documentation, strategies, objectives, HRD, Income Tax related issues, forum, monitoring, publicity, administrative management, meeting and many more.
How to register Section 8 Non Profit Company in India
Registration process of NGO as Section 8 Company Registration
Section 8 companies in India are special entities aimed at promoting charitable activities. These organisations 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 Non Profit Company, ensuring full compliance with legal standards.
- 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 Non Profit Section 8 Company is the best organisational structure to meet your goals, considering legal and operational perspectives.
- 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 organisation.
- Documentation Preparation
- Identity and Address Proofs: Receiving 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Documents Required for Section 8 Company Registration in India
When registering a Section 8 company in India, gathering the correct documentation is crucial. Here’s a list of the essential documents needed:
- Identity Proof of Directors and Promoters:
- PAN Card for Indian nationals.
- Passport for foreign nationals.
- Address Proof of Directors and Promoters:
- Recent utility bills, bank statements, or Aadhar card for address verification.
- Registered Office Proof:
- Lease agreement or ownership documents of the office location.
- Recent utility bill as address proof, not older than two months.
- Memorandum of Association (MoA):
- This document outlines the main and ancillary objects of the proposed company.
- Articles of Association (AoA):
- This document details the rules and procedures for the governance of the company.
- Digital Signature Certificate (DSC):
- Required for all directors or authorized representatives, used to file the registration forms electronically.
- Director Identification Number (DIN) for Each Director:
- A unique identifier for each director involved with the company.
- Consent Letters from Directors:
- Consent to act as directors of the company, which needs to be filed with the registrar.
- Declaration by Practicing Professionals:
- A declaration by a CA, CS, or Cost Accountant in practice, certifying compliance with all the requirements.
Legal Requirements for Section 8 Company Registration
The legal framework for setting up a Section 8 company involves various compliances and adherence to specific regulations:
- Name Approval:
- The company’s name must include words like Foundation, Forum, Association, Federation, Chambers, Confederation, Council, Electoral trust, etc.
- It should not include words implying a connection with the Government of India or any State Government, without permission.
- Objectives:
- The company must be established ‘for promoting commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object’.
- It should intend to apply its profits, if any, or other income in promoting these objects.
- Profit Distribution:
- It is prohibited from paying any dividend to its members; all profits must be reinvested into the company.
- Government Licenses:
- Depending on the activities, certain licenses from local, state, or national authorities may be required.
- Annual Compliance:
- Filing annual returns and financial statements with the Ministry of Corporate Affairs.
- Maintaining proper books of accounts and records as per statutory requirements.
- Tax Compliance:
- Application for tax exemptions under sections 12A and 80G of the Income Tax Act, if applicable.
- Amendments Compliance:
- Adhering to any amendments in the Companies Act that affect Section 8 companies.
Each of these steps involves detailed legal knowledge and procedural understanding. Engaging with professionals who specialize in non-profit organization law is recommended to ensure compliance with all requirements and smooth registration of a Section 8 company.
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.
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 organisation.
- Adapting to Legal Reforms: We assist in making any necessary adjustments to your company’s operations and documentation to comply with new legal standards.
Consultancy for Registration Section 8 Company as a Guide in Non-Profit Success
Choosing Chanakya 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 organisation 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.
Empowering Your Charitable Mission
Our comprehensive support for Section 8 Company registration includes a step-by-step guide from conceptualisation to realisation. 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 utilising 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.
The fundraising of this type of institutions have a large demand and the ideas that are needed to it. This is one of the nonprofit organisations registration process. If social entrepreneurs want to help from our end Chanakya would be glad to be provide Registration Consultancy service and provides the required support. From the registration, certification and to the documentation of Section 8 Non Profit Company Chanakya team members are there to help. Chanakya will make the organisation succeed with the future guidance to run and manage the Non Governmental Organisation (NGO) as Section 8 Non Profit Company.
By choosing us, you ensure that your organisation 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 organisation.