Section 8 Company Registration
Turn your social vision into a legally recognised organisation. A Section 8 Company is India's most credible non-profit structure — registered under the Companies Act, 2013 to advance charitable, educational, social, and public-interest objectives, with the governance of a company and eligibility for 12A / 80G tax benefits.
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What is a Section 8 Company?
A Section 8 Company is a non-profit organisation incorporated under Section 8 of the Companies Act, 2013 to promote objectives such as education, charity, social welfare, environmental protection, research, arts, science, sports, and other public-interest activities. It carries its own separate legal identity and is regulated by the Ministry of Corporate Affairs (MCA), giving it the highest credibility among Indian non-profit structures — well above a Trust or Society in the eyes of donors, CSR teams, and government bodies.
Unlike ordinary companies, a Section 8 Company does not distribute profits or pay dividends to its members. Any income or surplus earned must be applied solely towards furthering the organisation's charitable objects. Incorporation requires a licence from the Central Government (via the Registrar of Companies / Regional Director), and a minimum of two directors and two members is needed to establish a private Section 8 Company.
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Key Benefits of a Section 8 Company
Separate Legal Entity
The company holds its own legal identity, enabling it to own property, enter into contracts, and operate independently of its members.
Limited Liability Protection
Members and directors enjoy limited liability, keeping their personal assets shielded from the organisation’s debts and obligations.
Enhanced Credibility
As an MCA-regulated structure, a Section 8 Company is highly trusted by donors, funding agencies, government departments, and the public.
Tax Benefits & Exemptions
Eligible organisations can secure 12A income-tax exemption on surplus and 80G deductions for donors, subject to approval and compliance.
Better Funding Opportunities
A recognised structure that can attract donations, grants, and CSR funding from national and international organisations.
Perpetual Succession
The organisation continues to exist irrespective of changes in its members, directors, or management, ensuring uninterrupted continuity.
No Minimum Capital Requirement
There is no mandatory minimum paid-up capital, making a Section 8 Company straightforward and affordable to establish.
Supports Social & Charitable Objectives
A professional corporate platform built to promote education, welfare, environmental protection, research, and other non-profit causes with transparency.
Eligibility & Requirements
How to Register a Section 8 Company
Incorporation is filed end-to-end through the MCA portal, but a Section 8 Company additionally requires a special licence from the Central Government before it can be registered under the Companies Act, 2013.
1Step 1: Obtain DSC and DIN
All proposed directors obtain a Class 3 Digital Signature Certificate and Director Identification Number to sign and file the incorporation forms electronically.
2Step 2: Reserve the Company Name
Apply for name approval through SPICe+ Part A. The name should reflect the non-profit purpose and typically ends with words such as Foundation, Association, Council, or Federation.
3Step 3: Apply for the Section 8 Licence
File Form INC-12 with the draft Memorandum (MOA) and Articles (AOA) and a statement of estimated income and expenditure to seek the Central Government licence.
4Step 4: Receive the Central Government Licence
On being satisfied with the objects and capability of the organisation, the authority grants the Section 8 licence in Form INC-16, permitting incorporation.
5Step 5: File SPICe+ Part B for Incorporation
Submit the integrated SPICe+ Part B form with the granted licence, director and shareholder details, and registered-office particulars to complete incorporation.
6Step 6: Certificate of Incorporation
The Registrar of Companies (RoC) issues the Certificate of Incorporation with the CIN, and PAN and TAN are allotted — the Section 8 Company is now legally incorporated.
The full process typically takes 20–30 working days, driven mainly by the time required to process the Central Government licence, and is subject to MCA processing and the completeness of your documentation.
Documents Required
Director Identity
- PAN Card of all Directors
- Aadhaar Card of all Directors
- Passport-size photographs
- Address proof (bank statement / utility bill)
Company Documents
- Draft MOA stating charitable objectives
- Draft Articles of Association (AOA)
- Estimated income & expenditure statement
- Declaration of no profit distribution
Registered Office
- Rental Agreement or ownership proof
- Latest utility bill (electricity / gas)
- No Objection Certificate (NOC) from the owner
Post-Registration Compliance
Annual ROC Filing
File AOC-4 (financial statements) and MGT-7 (annual return) with the MCA every financial year; non-compliance attracts significant penalties.
Statutory Audit
A statutory audit by a Chartered Accountant is mandatory for every Section 8 Company, regardless of turnover or income.
12A & 80G Registration
Apply for and maintain 12A to exempt surplus income from tax and 80G to allow donors to claim deductions on their contributions.
No Profit Distribution
Profits and surplus can never be distributed as dividends; all income must be applied solely towards the stated charitable objectives.
Common Questions
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