A company is referred to as Section 8 Company when it registered as a Non-Profit Organization (NPO) i.e. when it has motive of promoting arts, commerce, education, charity, protection of environment, sports, science, research, social welfare, religion and intends to use its profits (if any) or other income for promoting these objectives. The income of NPO can not be used for paying out dividends to the company’s members and 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 government. According to the rules, failure to comply with the responsibilities stated by the Central Government may lead to the winding up of the company on the orders of government. Besides, strict legal action will be taken against all the members of the company if the objectives laid down by the company proves to be bogus. Its manner of carrying out the operation is similar to any other limited company and even the right & duties of a limited company and NPO are alike. However, the title of “Section 8” and “Limited” can not be interchanged. Eligibility to Apply for Section 8 Company An individual or an association of individuals are eligible to be registered as Section 8 Company if it holds below-mentioned intentions or objectives. The objectives have to be confirmed to the satisfaction of the Central Government. When the company intends to promote science, commerce, education, art, sports, research, religion, charity, social welfare, protection of the environment or alike other objectives; When the company holds an intention to invest all the profits (if any) or any other income generated after incorporation in the promotion of such objects only; When the company does not intend to pay any dividend to its members. Incorporation of a Section 8 Company Companies Act, 2013 deals with the procedure of Incorporation of a Section 8 Company and as per this section, an application in Form No. INC.12 has to be submitted along with below-mentioned documents to the Registrar of Companies. Form no. INC – 13 – Company’s Draft Memorandum of Association (MOA) and Articles of association (AOA) in Form No. INC – 13 (as specified in Act) along with the affixation of subscribers’ photographs. Form no. INC-14 – A Declaration is to be affixed in Form no. INC-14 that the draft MOA & AOA are compliant with the provisions & norms of section 8 and the requirements as per Section 8 have been duly taken care of. Note: The declaration has to be made on stamp paper & should be notarized by an Advocate, a Company Secretary, a Chartered Accountant or a Cost Accountant, practising the profession. Form no. INC-15 – A declaration in Form no. INC-15 on stamp paper & notarized by each member of the company who is applying. Form no. INC-9 – Form no. INC-9 form first directors as well as each subscriber, on the relevant State’s stamp paper and appropriately notarized. An estimation of the company’s future annual income and expenditure for the next three years, mentioning the sources of the income and the purpose of the expenditure. New & Simplified Process of Incorporation of Section 8 Companies Companies (Incorporation) Sixth Amendment Rules, 2019 dated 7th June 2019 to ease the Incorporation process has knocked off the need for filing Form no. INC 12, which was initially needed. This amendment has made the Process of Incorporation of Section 8 Companies as easy & simple as that of other companies. Section 8 Companies can be incorporated by reserving names in part A of Spice+ followed part B of Spice+ form or by directly filing Spice+. License No. shall be given to section 8 company during the incorporation. When the Company Already Have the License Number Stakeholders having License Numbers already before the filing of SPICe form may file the form as per their ease. However, one thing should be noted that form processing takes time to let the workflow changes to be effective. Documents Requirement for the Registration of Section 8 Company Digital Signature Certificate Memorandum of Association Articles of Association Passport Size Photographs Members’ Id Proof such as Aadhar Card, Passport, Voter Id Details of Director (When the Members Are Other Companies/LLPs) Address Evidence Director Identification Number Number of Directors in a Section 8 Company Section 149(1) of the Companies Act 2013 – prescribed minimum of 3 & 2 directors for public limited & private limited company respectively and a maximum of 15 directors. But there is no minimum or maximum prescription for section 8 company. The second proviso to section 149(1) – prescribes a woman director in a specified class of companies. Section 149(3) of the Companies Act 2013 – prescribes resident director in every company. Section 165 of the Companies Act, 2013 – says Directorship in Section 8 Companies will not be summed up when the total number of directorships will be calculated i.e. it will not be counting while adhering to the maximum limit of twenty Directorship as prescribed in the Act. Section 149(1) of the Companies Act, 2013 – vide exemption notification dated June 05, 2016 stated that Section 8 Companies are not under obligation to appoint an independent director and are free from all the consequential provisions concerned with Independent directors. Under Section 149(3) – Section 8 company must have a minimum of one Resident Director i.e. a director who has resided in India at least for a total period of 182 days (one hundred and eighty-two days) or more within the previous calendar year. Total Number of Board Meetings and its Quorum As per the exemption notification read with section 173(1) and 174(1), Section 8 companies must have at least one meeting within a period of 6 calendar months and the quorum for its board meetings is 8 directors or 1/4th of its total strength, whichever is less, respectively. However, the quorum should have a minimum of at least two members.


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B. Pramanik & Associates is a NGO Consultancy in India a complete solution for creates a NGO. They are provides for NGO related services like NGO Registration, Trust Registration, Association Registration, Club Registration, SHG Registration, NCT of Delhi Registration, Educational Institute Registration, College Registration, School Registration, 12AA Registration, 80G Registration, FCRA Registration, 35AC Registration, NITI AYOG NGO Darpan Listing, NGO Audit, NGO ITR, NGO Projects Report, Fundraising and Legal Consulting Services. B. Pramanik & Associates No. 1 NGO Registration Consultancy in India. Indian NGO Registration Consultancy – B. Pramanik & Associates – Indian NGO Consultancy Banshi is a leading NGO Consultancy (a Unit of Banshi Foundation , Govt. Regd. National Trust) in West Bengal-Howrah, Darjeeling, Medinipur, Murshidabad, Coochbehar, Malda, Birbhum, North 24 Parganas, South 24 Parganas, Bankura, Bardhaman, Jalpaiguri, Hooghly, Nadia, Dakshin Dinajpur, Purulia, Uttar Dinajpur, Siliguri, India providing the world class services in NGO consultancy. Banshi is managed by a team of professionals from NGO background having expertise and the right exposure in NGO fields and management experts striving to achieve excellence in NGO service delivery. Contact with B. Pramanik & Associates for NGO Registration and NGO related legal consultation - +91 9339055647 | 6291316573 | 6289064067 Visit NGO Registration Website: https://bpramanikassociates.com


B. Pramanik & Associates was established on 25th March, 2014 at Kolkata by Mr. Banshidhar Pramanik (Indian Legal Consultant). He was established this firm for provide door step legal services in India. afterB. Pramanik & Associates was established on 25th March, 2014 at Kolkata by Mr. Banshidhar Pramanik (Indian Legal Consultant). He was established this firm for provide door step legal services in India. afterB. Pramanik & Associates was established on 25th March, 2014 at Kolkata by Mr. Banshidhar Pramanik (Indian Legal Consultant). He was established this firm for provide door step legal services in India. afterB. Pramanik & Associates was established on 25th March, 2014 at Kolkata by Mr. Banshidhar Pramanik (Indian Legal Consultant). He was established this firm for provide door step legal services in India. after


Trust Registration as a NGO Registration Under Indian Trusts Act, 1882, Govt. of India

This Trusts Can work in All Over India

Under Indian Trusts Act, 1882 (it’s Central Govt. Act)

Documents Required for Trust Registration as a Charitable / Religious / Educational Trust under Indian Trusts Act, 1882

  1. Trust Name
  2. Registered Office
  3. Minimum 3 Members Required (Minimum 1 Settlor and 2 Trustees) (Adhar Card/ Voter Id Card / Passport/ Driving Licence/ Bank Passbook, Pan Card, Recent Passport Size Photograph of all Members
  4. Mobile Number of All Members

If any Queries so, you can Whatsapp me or call me @ 9339055647



Trust Registration as a NGO Registration Under Indian Trusts Act, 1882, Govt. of India

This Trusts Can work in All Over India

Trusts are Different Types

Educational Trust

Charitable Trust

Religious Trust

Private Trust

Public Trust

Under Indian Trusts Act, 1882 (it’s Central Govt. Act)

Documents Required for Trust Registration as a Charitable / Religious / Educational Trust under Indian Trusts Act, 1882

  1. Trust Name
  2. Registered Office
  3. Minimum 3 Members Required (Minimum 1 Settlor and 2 Trustees) (Adhar Card/ Voter Id Card / Passport/ Driving Licence/ Bank Passbook, Pan Card, Recent Passport Size Photograph of all Members
  4. Mobile Number of All Members

If any Queries so, you can Whatsapp me or call me @ 9339055647