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09
Jun
17
Rules and Regulations of Section 8 Company Registration

Section 8 Company is a company that is only registered for charity purposes or for the organization’s objectives towards the society. Main objective of the company is to promote art, commerce, sports, science, education, social welfare, religion, charity, research or protection of the environment. Companies profit gained should only be used to promote the activities of the organization or to achieve the objectives of the organization

Advantages of Section 8 Company

The benefits enjoyed by a Section 8 Company are as follows:

  • Exemption from stamp duty for registration.
  • Many privileges and exemptions under the Company Laws.
  • Tax deduction to the donors of the company.
  • These companies exempt from keeping any titles or suffix.
  • These companies can be formed without share capital, the funds are brought in the form of donations
  • The shares of the company can be transferred easily.

To register a company under Section 8 Company you need to just follow these steps:

  • Fill a simple online form which will be available on the official website of Registrationwala.com
  • Obtain Digital Signature Certificate.
  • Obtain Director Identification Number (DIN), Quickly
  • Apply for Section 8 Company name approval from Ministry of corporate affairs.
  • Apply for Section 8 License from Regional Director of Ministry of corporate affairs.
  • Obtain Certificate of Incorporation (COI) and then apply for PAN (Permanent account number) and Tax Deduction Account Number (TAN) and Registration is complete under Section 8 Company.
  • You are ready to open your Bank Account.
  • 100% Tax-free on income of NGO since need to Apply for 80G & 12A registration

 Eligibility Criteria:

  • Person or group looking towards Section should have an objective to promote science, education, sports etc
  • Revenue gains earned should be used for the company’s development only
  • Members of the company will not be getting distribution of profits amongst

What will be the last Name to be added to Section 8 NGO?

As per rule 8(7), the name shall include the words–

  • Association – For labour association, Trade Association, Social body like RSS, financial association, RWA
  • Forum – Social knowledge or Social discussion, Buyer association etc.
  • Foundation – Foundation is good for microfinance company, social welfare organization, University
  • Chambers – for promotion of trade, science, and arts
  • Federation – for club, school, research, university, consumer forum
  • Confederation – social and welfare work

Document required

  • Identity proofs of the members of the Company
  • Address proof of the members
  • Passport size photographs
  • Copy of the rent agreement, in case, when rented
  • Copy of the property papers, if any
  • Copy of electricity or water bills
  • NOC from the landlord
  • Small draft about the core objectives of Section 8 Company
  • Sample copy of signature

Eligibility Criteria for Section 8 Company license

  • The major objective should be the promotion of sports, Social welfare, promotion Science & Art, education & financial assistance to lower income group.
  • All the surplus generated must be used for the meeting the principal objective of the company
  • No profit should be distributed among the members & Director of the company directly or indirectly
  • Founders, members & Directors of the company cannot draw any remuneration in any form cash or kind.
  • The Company should have a clear vision and project plan.

Statutory Obligations:

  • The Revenue and surplus generated should be exclusively used for the achievement of the main objective of the company
  • Appointment of Company Secretary is no longer mandatory
  • Incentives or commission are not allowed.
  • No need for minimum share capital
  • AGM can be conducted as Shorter notice period
  • Directors of the Section 8 Company can take positions in more than 20 companies
  • No portion of the profit should be paid to the directors and members of the company
  • Profit is 100% tax-free if 12A registration is obtained from income tax department.
  • The Objective of Company cannot be altered without prior permission from Central Government of India
  • Sharing the profit with the promoters is strictly prohibited
  • The revenue of the company shall only be applied for the promotion of the main objective
  • The income tax rates are applicable at the same rates as they applicable to other companies
  • The company registered under Section 8 of the company shall not alter the provisions of its memorandum or articles except the previous approved by the Central Government
  • No member of the company should be appointed as a remunerated officer and there will be no incentive.
  • Section 8 Company is licensed under the Section 8 of the Companies Act, 2013. Under the Companies Act, 1956, this act was earlier known as the “Section 25 Company”.
23
Feb
17
Difference between Section 8 company and Trust Registration

Section 8 Company-These are companies or organizations are also known as the Non-Profit Organization can be registered as the society. Companies under Section 8 mainly follows Companies act, 2013.A special license is granted under section 8 to drop the words ‘Private Limited’ or ‘Limited’ from their name.

Trusts are the forms of charitable organization which can be Public or Private Limited. In these organization private company are formed for family welfare. These kinds trust are not charitable trust governed by Indian Trusts Act. This Act is not applicable to public trusts.

In the case of the public, a person wants to dedicate their own property to specific cause. In this fundraising is not suitable when you want to raise funds from the public for the trust’s activities. Trust formed anywhere in India can operate all over in India. The company should be the charitable object.   

Applicable Act

Section 8 Company works under Indian Company Act,2015 whereas The Trust is governed by The Indian Trust Act, 1882. 

Instrumental documents

Section 8 company’s main instrument are Memorandum of Association and Article of Association which has certain rules and guidelines which should be strictly followed. In Trust deed is the main instrument because the trust is established for humankind.

Members Required

Section 8 Company should have minimum of 2 members and for a private company and 7 members for the public company and managed by the director whereas in Trust there is a requirement of only 2 trustees and there is No upper Limit. Trust is controlled by the trustees.

Jurisdiction and Stamp duty

Section 8 follows the jurisdiction of the power to register lies in the hand of Regional Director & Registrar of Companies of the concerned state. Whereas trust follows jurisdiction of Deputy Registrar/Charity commissioner of the relevant area.

There is no requirement of stamp duty in Section 8 Company for the MOA and AOA whereas in a non-judicial stamp is required which vary state to state.

Time for registration

Section 8 Company takes 60-75 days to get registered and can be dissolved but the Trust takes 15-20 days and it is irrevocable.

Annual Compliance

In Section 8 Company there is no requirement of annual compliance by the filing of annual accounts and the return of company with the ROC. Whereas trust does not require any annual return filing.

Case of inactiveness

In section 8 upon dissolution, all debts, liabilities, funds and property of the company may not be distributed among the members of the company. Funds need to be transferred to other section 8 company preferably similar objects as the dissolved entity. Whereas the Trust becomes inactive in case negligence of trustees. Some steps can be taken trustees by the Charity Commissioner Object of trust is a difficult job.

Get Trust Section 8 Company Registration through Registrationwala

 

 

 

 

 

20
Feb
17
Types of Companies under Ministry of Corporate Affairs

Ministry of Corporate affairs is an Indian ministry that is primarily concerned with Companies Act, 2013, Companies Act, 1956, Limited Liability partnership act 2008 and other  rules and regulations. The responsibility of this Ministry is regulation of Indian enterprises in Industrial and Services sector.

Companies can be registered in India

Private Limited Company-It is the type of company recommended for Business. The cost of registration of the private limited company is cheaper than other forms of a company. Private limited should have a minimum of 2 members and can have maximum 200 members. In this company liabilities are limited and it has some features of a partnership.

People mostly prefer this of the company for fundraising. The degree of operation and ownership can easily separate in this type of company. Business can be exited without any hassle. In this members are limited to only contribute towards a number of shares.      

One Person Company-It is the type of company which can be started by a Single member.OPC is the latest form of company in Companies Act, 2013. One person can become the director as well as the shareholder. Similar to the private limited company as the degree of operation and ownership are on the separate basis. 

OPC gives wings in the hand of Sole proprietor to form the company under with full control. It is done without any interference of the third person. This type is easy for an entrepreneur to directly target the market. Fundraising from banks and the financial institution is easy. People who are Indians and resident in India can form OPC.     

Public Limited Company-This is a publicly held company. A large amount of capital investment can easily be obtained. These types companies are considered to be a more transparent business model as compared to other business structures. Investors get the choice of transferring their ownership in the company without any hassle by just selling the shares.

Section 8 Company-These companies are basically formed to encourage arts science, sports, education, research, social welfare, religion, charity, etc. These kinds businesses do not play any vital role in profit. Company Intends to prohibit the payment of any dividend to its members. These companies are the non-profit making company.

Section 8 company was incorporated mainly for welfare purposes. Previously, it was defined as Section-25 Company. Due to commencement of Companies act, 2013 it was called as Section-8 Company

Nidhi Company- Nidhi Company comes from the Hindi word ‘Nidhi’ means fund. These are the  NonBanking financial corporation. These are also known as mutual benefit funds. Nidhi company is known in the corporate scenario is member benefits company. Companies are formed for the welfare of the members and to increase saving habits.  

Other types of Companies

There are some more types companies which can be registered in India.

  • Companies that have unlimited liability
  • Producer Company
  • Joint Venture Company
08
Oct
16
How to Protect Your Business
However the type and size of business, it is valued by its owner(s) and as the business grows, the bigger the value gets and hence higher the protection needed. The…
06
Oct
16
SPICe

Every entrepreneur will agree that the procedure of incorporating a Company can be tedious and cumbersome despite the necessity of the steps involved. Even though, a Company can now be incorporated online as well as offline, the steps remain the same. 

The government of India has taken a significant step in easing the procedure of incorporation of a Company. On the occasion of Gandhi Jayanti, the government launched SPICe that is simplified proforma for incorporating Company electronically. 

Ministry of Corporate Affairs has simplified the procedure by introducing filing of pre-dated Memorandum or Articles of Association electronically. It will further simplify the earlier procedure of incorporating a Company using form Inc-29. As per the latest update, earlier forms may be replaced with newer SPICe form Inc-32. 

There are certain features of SPICe that are as follows. 

  • Simplified and completely digital form of Company incorporation
  • Standard format of Memorandum and Articles of Association
  • Memorandum and Articles will now be filed as linked e-forms
    • For Memorandum of Association, an applicant must only copy paste the necessities
    • For Articles of Association, an applicant may choose the clauses that are applied and choose that are not applied or need alteration
  • Provision to apply for Company incorporation with a preapproved Company name
  • Digital Signature Certificates of subscribers and witnesses will now be affixed
  • Detailed and informative Inc-32 as compared to older form Inc-29
    • Older form, Inc-29 fulfills all purposes of Company registration that is application for DIN allotment, reservation of Company name, incorporation and even PAN and TAN
    • New form, Inc-32 provides the same facility, further including the filing of Memorandum and Articles of Association electronically 

This initiative is a bold step and will increase gains with faster review of Memorandum and Articles of Association making SPICe the sole procedure to incorporate a Company in India.

Looking for company registration? Connect with us at This email address is being protected from spambots. You need JavaScript enabled to view it. or Call us at +91-8882580580

 

02
Aug
16
Section 8 Company Activities

Section 8 companies are special entities under the Companies Act, 2013. These entities are specifically formed to promote some special objectives. Unlike the other corporate entities, purpose to register section 8 companies is altogether different.

Section 8 companies are similar to the concept of non-profit organisation with only difference is that section 8 is treated as company form which is registered under the companies act. Therefore, it is called special entity.

Main activities or we can say purpose to register section 8 companies are to promote science, culture, sports, art, education, research, social welfare, religion, and many more and objectives of all these activities are not profits.

Salient features of Section 8 Companies

  • Profits of section 8 companies are utilised only for its objectives
  • Members don’t receive any dividend
  • You can not incorporate section 8 companies through filing form INC-29.
  • Unlike formation of other companies, there is an additional requirement to obtain a license from the Central Government.
  • “Pvt Ltd” word can not be used in the name of section 8 company.

Relevance of Section 8 companies in current era

Since the inception of Corporate Social Responsibility (CSR) provisions, specified companies which are come under the ambit of CSR provisions are required to spend at least 2 of their average net profit made during the last three years on certain activities which are further prescribed under the Schedule VII, so now the companies have started incorporating the section 8 companies to do CSR activities through Section 8 companies because if you compare the activities of section 8 companies and CSR spending areas are almost same.

Having said that section 8 company’ incorporation is not an easy process. Besides the normal process of registration, there is one extra requirement to obtain the license from the central government, which is no longer an easy task to obtain. Therefore, registration of section 8 companies takes longer times than other companies’ formation such as public limited companies, private limited companies, one person companies etc

Apart from these essential points, there are certain privileges which are only available to section 8 companies, which are as follows:

  1. Minimum paid capital requirement is not applicable to section companies in India.
  2. Section 8 companies may call annual general meeting by serving shorter notice of 14 days.
  3. The provisions related to minimum & maximum number of directors on the Board along with requirement of passing a special resolution to hike the limit of maximum number of directors shall not apply.
  4. Section 8 companies are not required to appoint Independent director.
  5. Holding directorship in the Section 8 companies shall not be counted while calculating maximum number of directorship in the companies.
  6. Section 8 Companies are required to hold only 2 board meetings in a calendar year instead of 4 board meeting.

So, if your purpose resembles section 8 company activities then you must go for incorporating section 8 companies for the society upliftment.

07
Jul
16
Features and Objects of Section 8 Company

Section-8 Company- It is basically a non-profit making company, incorporated mainly for welfare purposes such as promoting education, eradication of poverty and so on. Previously it is defined as section-25 Company but with the commencement of Companies Act, 2013 the same falls under section-8 and known as section-8 Company. To form a Non-profit organization one can choose any one of the following routes i.e. Trust, Societies, Section-8 Company. Such company can not declare dividend to its members and it is the responsibility of the company to ensure that profits of the company utilize only for promotion its objectives.  

 We all are familiar with the incorporation process of  private company, public company, once person company & Nidhi company but have less knowledge about section-8. To grab, the full information regarding such company we have to go through  the following question;

Feature of section-8 Company

There is confusion amongst the investor regarding section-8 company to clear all the doubts it is necessary to know whole about this company. It is a non-profit making company, mainly to promote welfare in the country.  

Incorporation process of section-8 company

The incorporation process is divided into 3 steps;

  1. Name Approval- Application is filled to ROC via form INC-1.
  1. Application to ROC for grant of license under section-8- Within 60 days from the date of filling application regarding name approval, application is to be file to ROC to grant of license via form INC-12.
  1. Filling Incorporation documents- After obtaining license, the incorporation process starts by filling various forms.

How to form Section-8 Company

The process of registration of section-8 company is little bit complex, as the approval of central government required to registered the same.

Advantages for having a section-8 company

The main advantages of section-8 Company is that it can be registered as private company or public company without using the word limited or private limited at the end of its name. The number of members varies according to the nature of such company i.e. if such company formed as private limited company minimum 2 members required and in case of public company 7 members required.

Main objects of section-8 Company

These companies are formed only to promote art, commerce, science, sports, education, research, social welfare, religion, charity, protection of environment or any such object related to the same.

26
Apr
16
Procedure of Incorporation of Section 8 Company

Section 8 Companies are those companies that come into existence for promoting commerce, art, science, sports, education etc. these companies serve as a non profit organization but for its incorporation a procedure is required.

Procedure of incorporation of Section 8 company is:

  • Name Approval: The first step is to get the name approved by the registrar of companies. The name should not be in existence or used by any other company or firm. An application in eForm INC1 is to be made for the approval of the name.
  • The memorandum and Articles of Association: After the approval of the name, it is valid for 60 days within which the company has to compile the two most important documents for registration that is the memorandum and articles of association.
  • Filing of forms: The eForm INC 12 is to be filed with the registrar of companies along with the following documents which are:
  1. Memorandum of association and articles of association.
  2. A declaration of confirming the application signed by the company secretary in practice on the non judicial stamp paper of the prescribed value.
  3. A list of the names, addresses, description and occupations of the promoters and the board of directors of the company.
  4. A statement indicating the details of assets and liabilities of the company.
  5. An estimate of future income and expenditure of the proposed company, specifying the source of the income and object of the expenditure.
  6. A statement giving a brief description of the work.
  7. A declaration in the prescribed form on non judicial stamp paper by each person making an application.

 

  • Clarifications: After all the papers are properly submitted and reviewed by the registrar, the registrar can ask for certain clarifications which are to be answered by the holder of power of attorney. After certain justification and enquiry, if the registrar feels satisfied he may issue the license under section 8 and then the applicant can file incorporation documents by filling certain forms.
  • Certificate of Incorporation: Once the certificate is issued by the registrar, the company is deemed to be incorporated from the date of incorporation.\
  • Time Frame: In completing this whole process, it can take if done on a fast basis approximately 25 working days.
31
Mar
16
Section 8 Company has different favourable circumstances when contrasted

Section 8 Company is a Company authorized under Section 8 of the Companies Act, 2013, past known as Section 25 Company under the Companies Act, 1956, which has principle object;

For advancing business, craftsmanship, science, sports, training, research, social welfare, religion, philanthropy, security of environment or any such other article, Name endorsement must be gotten from the Registrar of Companies (ROC) by presenting an application in Form INC 1.

For this you have to choose different things, which are said in Form INC 1. The name once affirmed by the power is legitimate for 60 days. The Subscriber to the Memorandum and Articles of Association should be the candidate for the accessibility of name application.

Notice and articles of association

In the wake of getting name endorsement, the draft Constitutional Documents of proposed Company i.e. Memorandum of Association (MOA) and Articles of Association (AOA) is to be drafted and afterward recorded with the ROC alongside the structures/archives expressed in provision 3 beneath.

Membership Pages of MOA and AOA – The last page of the MOA and AOA must contain points of interest of the endorsers of the Memorandum and Articles and the quantity of shares to be subscribed by individual.

On account of remote endorser the above archives should be co solarised before the Indian Embassy in the individual Country. In the event of entirely claimed backup, a duplicate of the Board determination of Holding Company supporting the interest in the proposed Indian Company and approving a man to sign the fuse papers for the benefit of the company, properly bore witness to by the officer of the Indian Embassy in the outside nation where the enlisted office is arrange is likewise required to be joined with the papers.

After every one of the papers for getting permit are documented and checked on by the ROC, the ROC might require certain illuminations before issuance of permit under Section 8 of the Companies Act, 2013. These illuminations or enquiry should be fulfilled by the individual who has been approved to do as such by the Power of Attorney recorded with the ROC or by the candidate. Once all illuminations are given, the License under Section 8 is issued by the ROC and after that candidate can record consolidation archives in underneath specified Forms:

Illuminations or additional information required by roc

After all the fuse papers are recorded and looked into by the ROC, the ROC might require certain elucidations. These illuminations or enquiry should be fulfilled by the individual who has been approved to do as such by the Power of Attorney recorded with the ROC.

Declaration of incorporation

Once all elucidations are given, the Certificate of Incorporation is issued by the ROC and the company is regarded to be fused from the date of the Certificate of Incorporation.

Demonstrative time frame

The whole technique can be finished on a most optimized plan of attack premise inside of 25 working days.

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