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Section 8 Company Registration

What is section 8 company ?

Section 8 company is a Company that is licensed under section 8 of the Companies Act’ 2013 for promoting commerce, art, science, sports, education, research, social, welfare, religion, charity, protection of environment or any such other useful object, provided the profits if any or other income is applied for promoting only the objects of the company and no dividend is paid to its members.  

Is Section 8 company a private company ?

Section 8 company is a company registered under the Companies Act’ 2013 for charitable or not-for-profit purpose. This company is similar to a Trust or Society.

Is GST applicable to Section 8 Company ?

While the definition of taxable person under  GST includes a trust, society, or Section 8 Company, as long as these entities are not engaged in economic activity including trade and commerce, they can’t be traded as a taxable person under  GST.

Who can form a Section 8 Company ?

A person or an association of persons can make an application to the registrar of companies using requisite forms to form a company with charitable objectives under  Section 8 of  Companies Act’ 2013.

Who can be a member of Section 8 Company ?

Any person above 18 years can be a member of Section 8 Company  under  the Companies Act’ 2013.  

Advantages of Section 8 Company Registration

Some of the advantages are :

  • Distinct Legal Identity.
  • Zero Stamp Duty.
  • No Minimum Capital Requirement.
  • Section 8 Company does not need to suffix Limited or Private Limited, next to its legal name.
  • Tax Benefits.
  • CARO (Companies Auditor’s Report Order) do not apply to this type of company.
  • Section 8 Companies are more reliable than all other forms of charitable organizations.
  • Those donating to a Section 8 Company are eligible for tax exemptions 12AC and 80G of the Income Tax Act.
  • A registered partnership firm can become a member in its individual capacity and obtain Directorship.

What is the process  of registering Section 8 Company ?

  • Obtain DSC (Digital Signature) of the Directors. 
  • Apply for Director Identification Number (DIN).
  • Name Approval.
  • Apply for License & COI.
  • Your Section 8 Company is now operative.

Documents Required for section 8 company registration :

  • Choose Organization Name
  • Regd. Office Address.
  • Regd. Office Address Proof (Property Tax Receipt & Electricity Bill/ Gas Bill/ Telephone Bill).
  • No Objection Certificate.
  • Address Proof of all Directors (Last 2 Months Bank Passbook/ Passport/ Driving License).
  • Identity Proof (Aadhar  Card/ Voter Card/ Passport).
  • Recent passport Size Photo 2 copies.
  • Mobile Number.
  • Email Id.

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