Section 8 Company Registration

Register a non‑profit organisation (NPO) as a Section 8 company under the Companies Act, 2013 — enjoy limited liability, perpetual existence, and enhanced credibility

Section 8 Company

What is a Section 8 Company?

A Section 8 company is a non‑profit organisation incorporated under the Companies Act, 2013 with the objective of promoting commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment, or any other useful purpose. It enjoys all the benefits of a regular company (like limited liability and perpetual existence) but, unlike other companies, it must apply its income entirely towards its objectives and cannot distribute profits to its members.

Key Requirements

  • Minimum 2 directors (for a private company) and 3 directors (for a public company).
  • Minimum 2 shareholders (for a private limited) and 7 shareholders (for a public limited).
  • At least one director must be an Indian resident.
  • A valid registered office address in India.
  • Prior approval of the Central Government (Regional Director) through Form INC‑12 (filing via SPICe+).

Documents Required

  • Digital Signature Certificate (DSC) of all proposed directors.
  • Director Identification Number (DIN) of all directors (can be obtained simultaneously).
  • Memorandum of Association (MOA) and Articles of Association (AOA) drafted with charitable objects.
  • Affidavit and declaration from each subscriber in Form INC‑9.
  • Proof of registered office (rent agreement, utility bill, NOC).
  • Estimate of future annual income and expenditure for three years.
  • Proposed name (must end with "Foundation", "Association", "Council", "Institute", etc.).

Important: No Profit Distribution

A Section 8 company cannot distribute its profits or dividends to its members. All income and property must be applied solely towards the promotion of its objects. Failure to comply can lead to cancellation of the licence.

Start Your Section 8 Company

Our experts will draft the MOA/AOA and handle the entire SPICe+ filing process.

Our Section 8 Company Registration Process

A streamlined, compliance‑driven approach to incorporate your non‑profit entity.

1. Name Reservation

We help you choose a compliant name and apply for reservation through the RUN (Reserve Unique Name) service on the MCA portal.

2. Drafting & Documentation

Our experts draft the MOA and AOA with precise charitable objects and prepare all necessary affidavits and declarations.

3. INC‑12 (Licence Application)

We file Form INC‑12 with the Regional Director along with the required annexures for Central Government approval.

4. SPICe+ Incorporation

Once the licence is granted, we file the integrated SPICe+ form for incorporation, PAN, TAN, and bank account opening.

5. Post‑Incorporation Compliance

We assist with 12A & 80G registration, opening of a bank account, and initial board resolutions.

Frequently Asked Questions

Common queries about Section 8 companies

A Section 8 company is registered under the Companies Act and governed by the Ministry of Corporate Affairs (MCA), while trusts and societies are registered under separate Acts and governed by state authorities. A Section 8 company offers limited liability, stricter compliance, and higher credibility for receiving corporate donations under CSR.
No. The core principle of a Section 8 company is that all income, profits, and property must be used solely for promoting its charitable objects. No dividend or distribution of any kind can be made to its members.
No, there is no minimum paid‑up capital requirement for a Section 8 company. However, the company must have sufficient funds to carry out its proposed activities as per the application.
The entire process typically takes between 15 to 30 working days, depending on the Central Government approval time and completeness of documentation.
Yes, a Section 8 company can apply for FCRA (Foreign Contribution Regulation Act) registration, provided it meets the eligibility criteria of having at least three years of existence and having spent a minimum of Rs. 15 lakhs on its charitable activities (exceptions exist).
Yes, an existing company (private or public) can be converted to a Section 8 company by altering its objects and obtaining a licence from the Central Government, subject to compliance with the Companies Act, 2013.
Annual compliance includes filing of financial statements (AOC‑4), annual return (MGT‑7), holding of board meetings and AGM, maintenance of statutory registers, and filing of income tax return (ITR‑7, if 12A registered). Non‑compliance can lead to penalties.