Breif
A Section 8 Company in India is Non-Profit Company registered under the Companies Act 2013. A Section 8 Company is for Charitable, Educational, Social or Environment Purposes. A Section 8 Company is not for Profit and this profit cannot be distributed among Directors. Earned money should be reinvested in the company’s objective.
A Section 8
Registration Process is the Process where an Individuals i.e., at least two
individuals come together to make a company. This Process can also include
Non-Individuals (Artificial Persons) but they can’t be director in company,
they can only be Shareholder or member in the company. Individuals or
non-individual can be Indian or Foreign. In this Registration Process, Director
can be shareholder, Shareholder can be another than Director. At least One
Director should be Indian Director among the Directors. A Section 8 Company
clearly mentions the charitable objectives in the Memorandum of Association
(MOA).
Overview
A Section
8 Company Registration Process includes at least 2 Directors, 2 Shareholders, and
can be max 200 members. In this Process DIN (DIRECTOR IDENTIFICATION NUMBER)
Plays an important role (If have DIN, then DIN should be activated, and if not
have then in the Process, MCA give you DIN), Digital Signature (Directors
should have DSC i.e., DSC requires for authentication of the Form, Director
should have their KYC documents, and After the Process of Incorporation,
Company will get the AOA(INC 34), MOA(INC 33), Certificate of Incorporation
(COI), PAN, TAN on their Registered Mail ID.
Process
Step 1 - Select a different and unique name along with charitable/religious objectives and choose the relevant NIC code for the name approval application (SPICe+ form).
Step 2 – After name approval, note that the MCA grants a 20-day validity period to complete the incorporation process; extensions require additional fees.
Step 3 – Review the checklist and requirements for further documentation once all documents are collected and arranged.
Step 4 – Proceed with obtaining the Digital Signature Certificates (DSC) for all directors and shareholders if they don’t already have one.
Step 5 – Simultaneously, prepare necessary documents such as NOC from the property owner (for commercial premises) and declaration by directors (Form INC-14).
Step 6 – Once all documents are received and DSCs are ready, proceed to fill and submit the SPICe Part B form (Company Incorporation form).
Step 7 – The MCA reviews the incorporation application and either approves the company or requests additional clarifications or documents.
Step 8 – Address Proof Filing : Submit Form INC-22 with registered office proof (rent agreement, if applicable) within 300 days from the date of registration
Checklist
Details & Documents Required for Section 8 Company Registration
1. Proposed Company Details
- Four proposed company names reflecting charitable, social, or non-profit objectives
- Objectives aligned with charitable, religious, educational, or social welfare purposes
- Authorized and paid-up share capital
- Details of initial members and directors with their shareholding or membership percentages
2. Documents for Subscribers & Directors
- PAN Card of all members/directors
- Photograph of all members/directors
- Identity proof: Aadhaar, Driving License, Voter ID, or Passport
- Mobile number and email of all members/directors
- Address proof: Bank statement, Electricity bill, or any government-issued document in the name of members/directors
3. Proof of Proposed Registered Office
- Latest utility bill (electricity, landline, water, etc.) not older than 2 months
- If premises are rented: Rent agreement in the name of the proposed Section 8 Company
- No Objection Certificate (NOC) from the owner of the premises
Time Taken
Total Time: Approximately 7 days from the date of receipt of all documents.
- DSC Preparation: 1 day (can be done simultaneously with name approval)
- Drafting DIR-2 & Other Documents: 2 day
- Online Preparation & Filing (SPICe+ Part B, eMOA, eAOA): 1 day
- Approval from Regional Director (RD) & Certificate of Incorporation: 3 day
Deliverable
The following deliverables are included in the Biz Silver Plan. Deliverables for other packages may vary accordingly:
- Certificate of Incorporation
- Company Name Approval
- Director Identification Numbers (DIN)
- Digital Signature Certificate (DSC) for Directors
- Memorandum of Association (MOA)
- Articles of Association (AOA)
- ESI/PF Registration
- Company PAN Card
- Company TAN Number
- Section 8 License Approval from Regional Director (RD)
Why Choose Us
Bizeneed ensures a smooth, hassle-free Section 8 Company registration with end-to-end support—from name approval and license application to MoA/AoA drafting, DIN/DSC, PAN/TAN, and compliance guidance. Our expert team prioritizes your needs and maintains professional, friendly communication to help your non-profit succeed.
FAQs
A Section 8 Company is a non-profit company registered under the Companies Act, 2013, formed for promoting charitable, social, educational, religious, or non-profit objectives.
Minimum two directors and two members are required to form a Section 8 Company. The directors can also be members.
There is no strict minimum capital, but promoters must decide the initial contribution.
A Section 8 Company is non-profit, cannot distribute dividends, and its primary goal is the promotion of its objectives rather than profit.
Yes, it can generate revenue, but profits must be reinvested in the company’s objectives and cannot be distributed to members.
Yes, it can receive donations, grants, and CSR funds, making it easier to fund charitable activities.
Yes, it enjoys pan-India recognition and can operate anywhere within the country.
Yes, under certain provisions of the Companies Act, it can be converted into a private or public company, following legal procedures.
Yes, foreign nationals and NRIs can be directors, subject to valid documents and compliance with FEMA regulations.
Yes, Section 8 Companies are eligible to receive CSR funding, provided they meet CSR eligibility norms.
Not mandatory, but 12A and 80G registrations are highly recommended to avail tax exemptions and attract donors.
Yes, FCRA registration is mandatory to receive foreign contributions or donations.