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Section 8 Company Registration

A Perfect Business Structure for Non Profit Organisation & NGOs

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Overview of Section 8 Company Registration

According to the Companies Act, 2013, all Section 8 Companies must comply with Section 8 Compliance with the MCA (Ministry of Corporate Affairs). Section 8 companies are primarily founded to promote art, commerce, charity, education, sports, science, environmental protection, religion and research, social welfare, or any other cause. Revenues, earnings, and other gains generated by this company must promote these goals. It does not pay any dividends or revenue to its members. Section 8 Companies can be “private limited or public limited companies.”

You can use our comprehensive and pan-India company registration services for online Section 8 company registration, which we provide through our highly professional, qualified, and experienced team of legal experts. Our services are affordable and available entirely online for your comfort and convenience.

Tax Exemption Applicability

There is a widespread belief that a Section 8 firm is exempt from paying taxes since it works to benefit the broader public. But this is not the case. It is a legal requirement of every Section 8 company to pay taxes, just as it is for any other legal entity. To be tax-free, a Section 8 company has to get certification from the Income Tax Authorities for exemptions such as Section 12 A, 80G, and so on.

Benefits of Section 8 Company

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Documents required for Section 8 Company

For Directors/Shareholders                                         

Copy of PAN Card                                                   

Aadhaar Card

Address Proof (Bank Statement, Electricity Bill, Telephone Bill)

2 Passport Size Photographs

 

For Registered Office

Ownership Proof (House Tax etc.)

Utility Bill (Electricity Bill, Gas Bill)

NOC(from the owners – if the premises is rented)

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Frequently Asked Questions (FAQ)

There are 9 mandatory Section 8 company compliances that includes:

 

  1. Appointment Of Auditor
  2. Maintaining Registers
  3. Maintenance Of Financial Statements
  4. Preparing Director’s Report
  5. Income Tax Return Filing
  6. Conduct Board Meeting
  7. Conduct Annual General Meeting
  8. Filing Of Financial Return With RoC
  9. Filing Of Annual Return With RoC
  • Transfer of shares
  • Allotment of shares
  • Appointment/Resignation of Directors
  • Appointment/Resignation of Auditors
  • Modification in company’s name
  • Modification in company’s MOA
  • Appointment of Key Managerial Personnel
  • Receipt of share application money
  • Any alteration in the company’s structure

The Ministry of Corporate Affairs has the authority to impose penalties in case it encounters any non-compliance with the procedures.

 

Penalties to be imposed are as follows:

  • The Central Government may revoke the organisation’s permit if it discovers that the group is acting fraudulently or in a way that is contrary to the organisation’s mission.
  • The organisations will be fined, which will not be less than ten lakh rupees and can go up to one crore rupees.
  • The heads and each officer of the organisation who is in default will face detention for a time of up to twenty-five lakh rupees, or both.
  • If they reveal that the organisation’s issues were misdirected, every official in default will be subject to activity under Area 447.

Section 8 Companies can avoid penalties provided they comply with the laws, and the best way to do that is quite simple. Taking care of compliances within the specified time frame is all the company has to do.

 

COMPLIANCE

DUE DATE

AGM (Annual General Meeting)

30thSeptember

AOC-4

Within 30 days of AGM

MGT-7

Within 60 days of AGM

Income Tax Return

30th September

Annual Returns are penalised by a fine of Rs. 50,000, which can be increased to Rs. 5 lakh if not filed on time.