Not every company ventures out to make a profit and Section 8 Company is not an exception to it. It is incorporated to promote science, art, education, social welfare, charity, research, sports, religion, and the protection of the environment.

What is a Section 8 Company?

Section 8 Company is registered under a Non-Profit Organisation which means it intends to use its profits or other income to promote arts.

At least 2 directors are required to register a section 8 company. It is governed by the Companies Act,2013. Its structure can be easily converted into a Public or Private Limited Company.

The earnings of NPO can not be used for paying out dividends to the company’s members. It solely has to be for the promotion of charitable objectives. 

Such companies obtain an incorporation certificate from the central government and are liable to adhere to the rules specified by the Ministry of Corporate Affairs for charitable/not-for-profit purposes and administered through the Offices of the Registrar of Companies (ROC).

Documents required for registering Section 8 Company in India

Documents Required for Directors (Indian Nationals)

1. PAN Card – PAN Card, is required to submit their PAN during the incorporation process.
2. Address Proof – The proof of address to be submitted by a Director must include his/her name as mentioned. This document could be in the form of a 
   • • • Passport, 
       • Election Card/Voter Identity Card, 
       • Ration Card, 
       • Driving License, 
       • Electricity Bill, 
       • Telephone Bill
       • Aadhar Card.
3. Residential Proof – While an address proof forms a part of most documentary essentials, incorporating a company requires residential proof to validate the address of the Director. This document could be in the form of a
   • Bank statement,
   • Electricity bill,
   • Telephone bill
   • Mobile bill.

Documents Required for Directors (Foreign Nationals)

1. Passport –For the purpose of this provision, a passport must be Notarized in the country it was issued. If the document is in a foreign language, it must be translated into English by an official translator.
2. Address Proof – As in the above case, a foreign national’s address proof must be notarized or apostilled. The proof so submitted must include the name of the Director as mentioned in the Passport. This document could be in the form of a
   • Driving license,
   • Residential card,
   • Bank statement, and other
   • Government-issued documents with the address.

**Note – if the passport doesn’t encompass the birth of the holder, an additional document is required to indicate the date of birth of the director must be provided, duly certified/attested/ notarized/ apostilled following government norms.

Registered Office Proof

1. Registered document of the title of the premises of registered office in the name of the company..
2. Proof of office Address – Rental Agreement(The notarized copy of the lease/rental agreement in the name of the company, supported with a copy of rent paid receipt not older than one month)
3. NOC from the owner of the property
4. Photocopy of Property or Sale Deed printed in English (if the property is owned)
5. An authorization from the landlord.
6. Proof of evidence of any utility service.

Section 8 Company: Process of Registration

Step 1: Apply for DSC: To obtain Digital Signature Certificate following documents are required.

Step 2: Apply for DIN: After acquiring the Digital Signature Certificate (DSC), the next step is to apply for the Director Identification Number (DIN) of the proposed Director in SPICe Form along with the name and the address proof of the director.

Step 3: Name Approval Application: The next step and a very important step while incorporating a Section 8 Company is to decide on the name of the Company.

Step 4: Documents Required: MOA & AOA requires to be submitted at the ROC.

Step 5: Filing Forms with MCA: All these documents will be attached with SPICe Form, SPICe-MOA and SPICe-AOA along with the DSC of the Director, and will be uploaded to the MCA site for approval.

Step 6: Issue of certificate of Incorporation: On further verification, the Registrar of Companies (ROC) will issue a Certificate of Incorporation and we can commence our business.

How can we help you?

Online Legal India™ expert team of highly qualified CA/CS and 10+ years of experienced lawyers who would assist you to Register your Section 8 Company. We have budgeted services for those who are willing to venture into a company, business or any other kind of organization. 

 Apart from getting registered with MCA, any business personnel must also register with GST, TAX and Compliances, Accounting, Trademark Registration, or creative assistance in Logo Designing and Import Export Code registration to step a foot forward in the Foreign market. To deliver your digital assistance we have the best minds in the industry for your business incorporation, our concierge work round the clock to give you a hassle-free Section 8 Company Registration online.