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A company which is registered under companies act 2013 has the objects to,
– Promote commerce, art, science, education, research, social welfare, religion, charity, protection of environment, sports or any such other object;
And which intends to apply its profits, to earn other income in promoting its objective and also intends to prohibit the payment of any dividend to its members is called section 8 companies under companies act 2013.
The license may be issued by central government such manner as may be prescribed, and on such conditions as it deems fit, approve that association of persons or person to be registered as a company under this section without the addition to its name of the word “Private Limited”, or as the case may be, the words “Limited”, and on application, in the prescribed form, Registrar may register such person or association of persons as a company under this section.
The company which is registered for charitable or non-profit purposes are also called Section 8 companies. This Company is also similar to a Trust or Society only the difference is that a Section 8 Company is registered under the “Ministry of Corporate Affairs (MCA)” of the Central Government whereas Societies and Trusts are registered under the regulations of the State Government. However, this has numerous advantages as compared to Trust or Society and also has better credibility among donors, departments of government, and other stakeholders. Further, the key feature of this Company is that it is possible to incorporate the company name without using the word “Limited” or “Private Limited” as the case may be.
A company is a legal entity established under the Law, meaning assets and liabilities of the business as well as assets and liabilities of the members would be count differently. It means in case of any Loss property of business and the members will be used differently. A Company separates Management and Ownership and thus, managers are responsible for the company’s success as well as answerable for the company’s loss.
Liability is Limited
If the company undergoes financial distress due to any reasons, the personal assets of members will not be used to pay the debts of the Company as the liability of the person is limited i.e. up to the amount of investment they have made in the company.
No Minimum Capital Required
In order to form this Company no minimum capital is required i.e. with zero paid up capital this company can be started.
Less Stamp Duty
While incorporating section 8 companies there is minimum stamp duty liveable. The government give privileges to section 8 on the incorporation of the company; hence it charges less stamp duty on incorporation.
It is optional for Section 8 companies to use suffixes like the private limited company or limited company.
Section 8 company can get the benefit, if it gets registration under section 80G and 12AA of IT act.
Step 1 Apply for Desired Name
The first step in incorporating a company is for reserving the name of the proposed company in part-A of SPICe Plus (SPICe+) form. In this form choose your business activity and file for two proposed names, if CRC will reject the proposed name, then you have to file the application again with two new names within a certain time limit from the date of rejection (15 days).
Step 2 Apply for a Digital Signature Certificate (DSC)
It is mandatory for all the directors and members of section 8 company who is authorised to sign the important documents to get his Digital Signature Certificate online. Digital signatures are mandatory to file the forms on the MCA portal. Important documents required for DSC issuance are - Photo, ID and Address proof.
Step 3: Fill the Application of Incorporation
Once, your name gets reserved under it will be valid for 20 days from the date of approval, within 20 days you have to fill-up the respective application form for incorporation along with all the requisite attachments and documents and upload it online.
Step 4: Certificate of Commencement of Business
Once the application of incorporation of the company is approved and the Certificate of Incorporation is issued by the ROC, the Company shall file for seeking approval for commencing the business within 180 from the date of incorporation of the Company.
Documents for minimum two person proposed to be the Director
1.Copy of PAN Card
2.Copy of Aadhaar Card
3.Residential proof (not more than two months old)
4.Two Passport Sized Photographs
Documents for Registered Office
2.Utility Bill (Electricity/Gas Bill)
3.NOC (from the owners-if the premise is rented)
Section 8 FAQ’s
Any person or Number of associated persons intending to register a limited liability company for objects specified below can opt to apply for Company Formation under Section 8.
The following have to be proved to the satisfaction of the Central Government that:
(a) Promotion of commerce, art, science, sports, education, research, and social issues like social welfare, religion, charity, protection of the environment, or any other object is also included.
(b) The company after incorporation can apply its profits to earn income in promoting such objects defined above.
(c) Payment of Dividend to the members are not allowed by the company.
- Preparing Draft of Memorandum of Association (MOA) and Articles of association (AOA) of the Company for the purpose of filing Form no. INC – 13 along with the photographs of subscribers fixed therein.
- A Declaration to be given in Form no. INC-14 on the stamp paper, duly attested by an Advocate, a Chartered Accountant, Cost Accountant or Company Secretary in practice, that the draft memorandum and articles of association have been drawn up in conformity with the compliance of Section 8 and all the requirements are fulfilled.
- An estimation of the annual income and expenditure of the company for the next three years, the sources of the income and the objects of the expenditure has to be specified.
- A declaration (in Form no. INC-15) on stamp paper duly attested by each of the persons making the application.
- Form no. INC-9 form each subscriber and first directors, on appropriate stamp paper of the State and duly notarized.
No, a company with unlimited liability cannot be registered as a section 8 company. Section 8 company can only be incorporated as a company limited by shares or by guarantee.
Yes. It is mandator as per rule 8(7) of the Companies (Incorporation) Rules, 2014, for the Companies under Section 8 that the name shall include the foundation of the word, Forum, Association, Federation, and the like, etc.
Under Section 2(42) of the Companies Act, 2013 the term “Foreign Company” is defined as any company or body corporate incorporated outside India which–
- Has a place in India where the business is conducted, whether bought by itself or through an agent, through physically or through online mode.
- Is conducting any business activity in India.
Now since a Company or a body corporate incorporated outside India for doing not-for-profit activities, which has opened a branch/liaison office in India, cannot fall in the definition of a foreign company as a business activity is missing. Therefore, such a company cannot be termed as a foreign company. However, subject to compliance with FEMA regulations, it can open branch/liaison offices. This type of not-for-profit companies or bodies corporate that has been incorporated outside India can promote and register a Section 8 Company in India as a separate entity.
In terms of section 8, any person or an association of persons intending to register company under section 8 have to comply with all provision and restriction under section 8.
Under Companies Act, 2013 person is not defined. Section 2(41) defines meaning of person which states that “person” shall include any company or association or body of individuals, whether incorporated or not. As per Section 11 of the Indian Contract Act, 1872 which states that every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is sound mind and is not disqualified from contracting by any law to which he is subject. Therefore, a Co-operative society can be regarded as a Person and thus capable of becoming a subscriber of a company including Section 8 Company.
Yes, a Section 8 Company can be converted into any other company including OPC as prescribed under Section 8(4)(ii). This is further subject to restrictions and compliances as per other applicable laws including the Income-tax Act, 1961.
Yes. Under Companie Act 2013 there is a provision which allows persons or associations of persons to be registered as a Section 8 Company after fulfilling certain conditions and procedures as mentioned. Section 2(41) defines meaning of person which states that “person” shall include any company or association or body of individuals, whether incorporated or not. Accordingly, a Limited Liability Partnership is a person. Therefore, it can be registered/ converted as a Section 8 Company.
Yes. Under Companie Act 2013 there is a provision which allows persons or associations of persons to be registered as a Section 8 Company after fulfilling certain conditions and procedures as mentioned. Section 2(41) defines meaning of person which states that “person” shall include any company or association or body of individuals, whether incorporated or not. Accordingly, a partnership firm is a person. Therefore, it can be registered/ converted as a Section 8 Company.