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Section 8 Company Registration

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Section 8 Company Registration
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Section 8 Company Registration
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Section 8 Company Registration
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What is the eligibility for Section 8 Company Registration?

The eligibility for the section 8 company registration is that the object must be charitable or to promote arts, science, commerce etc. It shall intend to apply all its profit in promoting the objectives and assures the prohibition of dividend to any of its members.

Advantage

Section 8 company is a non profit organisation that is why they are exempted from some provisions of the income tax. They avail the benefits under section 80 G of the Income Tax Act, 1961. They are also required to pay less stamp duty as compared to other organizations.

Disadvantage

Income earned from this organization can only be used for the above mentioned objects only.

Documents Required For Private Limited Company Registration

FOR DIRECTORS

  • PAN (Permanent Account Number) of all proposed directors.
  • Identity proof (Voter Id, Passport, Driving License, Aadhar Card) of all proposed Directors.
  • Latest passport size Photographs of all directors.
  • Address proof with Present address Mobile bill OR Telephone bill OR Electricity bill OR Bank Statement or Bank Passbook with latest Transaction page
  • Email id and Mobile of all the Directors.

FOR SHARE HOLDERS

  • PAN (Permanent Account Number) of all proposed Share Holders
  • Address Proof (Voter Id, Passport, Driving License, Aadhar Card) of all proposed ShareHolders
  • Latest passport size Photographs of all Share Holders.
  • Additional Address proof with Present address Mobile bill OR Telephone bill OR Electricity bill OR Bank Statement
  • Email id and Mobile of all the Shareholders

FOR REGISTERED ADDRESS

  • Electricity Bill OR Mobile Bill OR Gas Bill along with NOC and Rent agreement if premises is on rent

Process Involved

  • STEP-1

Incorporation Documents

Incorporation Documents are prepared and sent for Signatures.

  • STEP-2

Name Approval

Application for Name Approval is Filed in form INC­1

  • STEP-3

Incorporation Form SPICe

Spice form to be filed online after the MOA and AOA are drafted

  • STEP-4

Incorporation Approval

  • STEP-5

Incorporation Certificate with PAN and TAN

Form INC­7 along with INC­22 and DIR­12 to be filed online after the MOA and AOA are drafted and PAN and TAN is applied after Incorporation

  • STEP-6

Incorporation Certificate with PAN and TAN

As per the new process PAN and TAN is Allotted and mentioned on Incorporation certificate by ROC

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FAQs

The entire procedure can be completed on a fast track basis within 10-12 working days of incorporating a Section 8 Company.

A Non-profit making Company is a Company which: (a) has in its objects the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object; (b) intends to apply its profits, if any, or other income in promoting its objects; and (c) intends to prohibit the payment of any dividend to its members.

A company registered under this section shall not alter the provisions of its memorandum or articles except with the previous approval of the Central Government.

If a company makes any default in complying with any of the requirements laid down in section 8, the company shall, without prejudice to any other action under the provisions of this section, be punishable with fine which shall not be less than ten lakh (10,00,000) rupees but which may extend to one crore (1,00,00,000) rupees and the directors and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to three years or with fine which shall not be less than twenty-five (25,000) thousand rupees but which may extend to twenty-five (25,00,000) lakh rupees, or with both:

There is also a provision for conversion of existing Companies into a Non-profit making company under section 8 read with Rule 20 of Companies (Incorporation) Rules, 2014. Likewise a Non-profit making company can also be converted into any other Company by following the procedure given in Rule 21 and 22 of Companies (Incorporation) Rules, 2014. We shall discuss these procedures in some other article.

As per section 8(7), where a licence is revoked under sub-section (6), the Central Government may, by order, after giving the company a reasonable opportunity of being heard, if it is satisfied that it is essential in the public interest, direct that the company be wound up under this Act or amalgamated with another company registered under this section

As per section 8(6), the Central Government may, by order, after giving the company a reasonable opportunity of being heard, revoke the licence granted to a company registered under this section if the company contravenes any of the requirements of this section or any of the conditions subject to which a licence is issued or the affairs of the company are conducted fraudulently or in a manner violative of the objects of the company or prejudicial to public interest,and direct the company to convert its status and change its name to add the word “Limited” or the words “Private Limited”, as the case may be, to its name and thereupon the Registrar shall, without prejudice to any action that may.

Drafting of the MOA and AOA is generally a step subsequent to the availability of name made by the Registrar. It should be noted that the main objects should match with the objects shown in e-Form INC.1. These two documents are basically the charter and internal rules and regulations of the company. Therefore, it must be drafted with utmost care and with the advice of the experts and the other object clause should be drafted in a very broader sense.The memorandum of association of the proposed company shall be in Form No.INC.13.

NO, Private Limited company cannot be converted int Section 8 company.

Yes, promoters need to be present to personally meet us at our office or meet at any place for the registration of a Company. All the incorporation documents required to be present in original and scanned copy also required to submit.

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