May 6, 2019

Section 8 Company

Section 8 Company Registration

Ideal business structure for NGO’s and Non Profit Organizations (Takes < 20 days)

What is included in Our Section 8 Company Registration Package

  • DIN for 2 Partners
  • Digital Signature For 2 Directors
  • Name search & approval
  • MOA/AOA
  • Registration Fees
  • Company Pan Card

Documents Required For Section 8 Company Registration

  • Digital Signature Certificate (if you already have it)
  • Director Identification Number (if you already have it)
  • Memorandum of Association
  • Articles of Association
  • ID proof for members: (Aadhar Card, Passport, Voter ID)
  • Passport size Photographs
  • Director’s details (if Members are other Companies/LLPs)
  • Address Proof

Eligibility for Section 8 Company Registration

  • Object must be Charitable or to promote arts, science, commerce etc
  • Intends to apply all its profit in promoting the objectives
  • Assures the prohibiting of the payment of dividends to any of its members

Concerns Related to Section 8 Company

  • Application of DSC & DPIN:

First of all, the partners have to apply for Digital signature and DPIN. Digital signature is an online signature used of filing and DPIN refer to Directors PIN number issued by MCA. If the directors already have DSC and DPIN, then this step can be skipped.

  • Name approval:

You to provides 3 different name options to MCA of which one will be selected. Names provided should ideally be unique and suggestive of company business.

  • Approval of other authorities:

The Registrar of Companies may require the applicant to furnish the approval or concurrence of any department,regulatory body, appropriate authority, or Ministry of the Central or State Government(s) in relation to the work to be done.

  • Obtaining Section 8 Company Licence:

After the company’s name is approved, one needs to apply for a Section 8 Company licence from the MCA.The Registrar will wait for 30 days for objections, if any, of any person pursuant to notice published in newspapers.The Registrar might also consult any other regulatory bodiesandnecessary authorities.

Thereafter, the Registrar of Companies may,at its discretion, grant the licence with or without certain conditions. The Registrar may direct the company to insert in its memorandum, or in its articles, or partly in one and partly in the other, such licencing conditions as may be specified by the Registrar in this behalf.

  • MOA & AOA submission:

Once the licence is obtained, one needs to draft Memorandum of association and Articles of Associate. But the object of the company must always be a charitable object. Both MOA and AOA are filed with the MCA with the subscription statement.

  • Get Section 8 Company incorporation certificate:

It typically takes 15- 25 days to form a Section 8 company and get the incorporation certificate. The Certificate of Incorporation is proof that a company exists. It also includes your CIN (Company Incorporation Number).The Registrar will wait for 30 days for objections, if any, of any person pursuant to notice published in newspapers.The Registrar might also consult any other regulatory bodies and necessary authorities. Thereafter, the Registrar of Companies at its discretion, may grant the licence. And such licence may contain conditions as deemed necessary by the Registrar.

  • Apply for PAN, TAN and Bank account:

Then you need to apply for PAN and TAN. PAN and TAN are received in 7 working days. Post this, you can submit the Incorporation certificate, MOA, AOA and PAN with bank to open your bank account.

OR

Online Filing

The Ministry of Corporate Affairs (MCA) has issued an integrated incorporation form INC-32. So now, an OPC can be incorporated online by filling the Simplified Proforma for Incorporating Company Electronically (SPICe) form in Form INC-32 (using Digital Signature Certificate of the Director)along with (eMoA) in Form INC-33 and (eAoA) in Form INC-34.