Section 8 Company

 

A company with objectives of promoting science, commerce, education, art, sports, research, social welfare, religion, charity, etc.. Can get registration under section 8 of the companies to act as a non-profit organization.
It has various advantages when compared to Trust or Society like improved recognition and better legal standing. Section 8 company also has higher credibility amongst donors, Government departments and other stakeholders.

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Basic Plan Includes

• Digital Signature Token for 2
• DIN for 2 Directors
• AOA, MOA
• MCA fees for Incorporation
• Company Name Approval
• Incorporation Certificate
• Company PAN Card
• Company TAN/TDS Number
• Company Round Stamp
• Hard Copy of Share Certificate
• Directors Round Stamp for 2
• Bank Account Documents
• form inc 12

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Basic Package Includes = • Digital Signature Token for 2 • DIN for 2 Directors • AOA, MOA • MCA fees for Incorporation • Company Name Approval • Incorporation Certificate • Company PAN Card • Company TAN/TDS Number • Company Round Stamp • Hard Copy of Share Certificate • Directors Round Stamp for 2 • Bank Account Documents

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advantages

Tax
Exemption

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Numerous Tax exemptions are provided to Section 8 Companies, specifically to the donors who are contributing to Section 8 Companies, they can claim the Tax exemption against the donation they made to a Section 8 company.

No Minimum
Capital

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There is no prescribed limit over section 8 companies for the minimum capital requirement unlike other entities such as public limited, but the capital structure can be altered at any stage as the required for the growth of the company.

No Stamp
Duty

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A section 8 Company is exempted for the payment of stamp duty applicable for registration as applicable in case of other structures such as private limited or a public limited company.

Legal
Entity

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A Section 8 Company also holds its own identity like other companies’ structures and has its own separate legal standing from its members. A Section 8 Company also has perpetual existence.

No Title
Required

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Unlike the name’s requirements of the private limited or a public limited company, a section 8 company does not require to use a suffix next to its name.

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Credible

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A Section 8 Company has more credibility as compared to any other Non-profit organization structure be it a Trust or Society. As it is a licensed by the central government. It has more stringent regulations such as no change in MOA and AOA can be done at any stage or situation in a Section 8 Company. A section 8 company due its strict compliances as regard to functioning has a more reliable image in comparison to other legal structures.

FAQ's

For simple questions, simple way of answer.

Do we need to take any permission from the Central government?
Yes, we have to take the permission or approval for section 8 company registration in India from the central government. CG approval is applied before section 8 company registration.
What is the purpose of the Section 8 Company Registration in India?
1. Education
2. Poverty
3. Disease
4. Blood bank
5. Environment protection
6. Other objects for general public utility.
What are the annual compliance's to be followed by Section 8 Company?
The annual compliances of section 8 company are just like the other companies.
• At least two Board meeting during the year should be conducted
• Mandatory Audit
• An annual return is to be filed every year with other e- filing forms like MGT 7, AOC 4.
• An income tax return is to be filed every year.
• Additional compliances to fulfill the registration like 12AA, 80G, etc.
How to appoint an auditor in Section 8 Company?
In Section 8 Company, the auditor is appointed within 3o days of Section 8 company registration by the board of Director and no Central Government approval is required.
Are there any disadvantages under Section 8 Company registration?
1. Section 8 company is complex to start as it requires Central Government Approval.
2. Section 8 compliance cost is high as compared to any other trust or society
3. Penalty provisions are harsh under section 8 company.
Are there any minimum numbers of member requirements?
No, there is no concept of the minimum number of member requirement for section 8 company registration.

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