Section 8
Step by Step Process to Register a Section 8 Company Online
January 16, 20260 views
Quick Summary
If you seek to promote charitable objectives like education, healthcare, social welfare, or environmental protection for your organisation, consider registering a Section 8 company to enjoy tax benefits while investing a minimum or no capital.
It provides legal recognition and credibility to entities working towards charitable, educational, social welfare, and other non-commercial objectives.
The entire process of registering as a Section 8 company can be completed online through the Ministry of Corporate Affairs (MCA) portal, typically taking 15-20 days. You'll need at least 2 directors, 2 members, and proper documentation to get started.
At NGO Experts, our expert team has successfully registered several Section 8 companies. In this blog, we will explain how to register as a Section 8 company in India and take advantage of its numerous benefits.
What is Section 8 Company
According to the Companies Act 2013 Section 8, a Company is a non-profit organisation specifically created for promoting noble causes, such as education, arts, sports, science, research, social welfare, religion, charity, or environmental protection. It is also considered the most preferred non-profit structure by Indian and Global entrepreneurs for the following reasons:
No profit distribution: All profits must be reinvested into the organisation's objectives Tax exemptions: Eligible for income tax benefits under Section 12A and 80G No minimum capital: Unlike regular companies, there's no minimum capital requirement Credibility: Registered as a company, giving it legal recognition and trust Limited liability: Directors and members have limited liability protection "Limited" not required: The company name doesn't need to end with "Limited" or "Pvt Ltd". Section 08 is required to add foundation/organisation/council/association as a suffix. Section 8 Companies are ideal for NGOs, charitable trusts, foundations, and social enterprises that want the structure of a company with the heart of a non-profit.
Benefits of Section 8 Company Registration Online
The online registration has revolutionised the entire legal system of company registration in India, ensuring your Section 8 Company registration is smooth, transparent, and hassle-free from day one.
Here's why going digital makes perfect sense for your Section 8 Company:
Complete Convenience from Anywhere
Register your organisation from your home or office without visiting government offices. The entire MCA portal is accessible 24/7, letting you work at your own pace.
Faster Processing Time
Online section 8 registration is quicker, and you get instant acknowledgements for each step. What used to take months can now be completed in 15-20 days.
Cost-Effective Solution
Online filing fees are transparent with no hidden costs. You can even handle the process yourself with proper guidance, reducing professional fees.
Secure and Paperless
Digital signatures and portals ensure document security, minimising the risk of physical documents getting damaged or lost.
Real-Time Tracking and Transparency
You can monitor your Section 8 application status anytime through the MCA portal. Get automated email and SMS updates at each stage.
How to Register a Section 8 Company in India Online
Registering a Section 8 Company online is a simple and hassle-free process when you know the requirements. To register a Section 8 Company in India, it's crucial to follow a particular legal procedure with the Ministry of Corporate Affairs, which includes: Obtaining a DSC of the proposed Directors of the Section 8 Company, allotting a DIN to the proposed directors, File Form INC-12 with the ROC to apply for a Certificate of Incorporation along with a unique Company Identification Number (CIN)
Before you begin, ensure you have:
Minimum 2 Directors: At least one must be an Indian resident. Directors need Digital Signature Certificates (DSC) and Director Identification Numbers (DIN) Minimum 2 Members: Can be the same as directors or different individuals Registered Office: A physical address in India with proof of ownership or a rental agreement Unique Name: A meaningful name that reflects your charitable objectives and is available for registration Objects Clause: Clear documentation of your non-profit objectives and how you'll achieve them
Step by Step Section 8 Company Online Registration Process
Step 1: Obtain Digital Signature Certificate (DSC)
For all directors, it is mandatory to obtain a Digital Signature Certificate, which is compulsory for filing electronic documents with the MCA. This usually takes 2-3 working days.
Step 2: Apply for Director Identification Number (DIN)
Each director needs a unique Director Identification Number. This can be applied through the MCA portal using Form DIR-3 and is usually issued within 24-48 hours.
Step 3: Name Reservation
Apply for company name approval through the RUN (Reserve Unique Name) service on the MCA portal. The name must reflect the non-profit nature and should not be identical to or similar to existing companies. Approval typically takes 1-2 days.
Step 4: Draft Memorandum and Articles of Association
Prepare the MOA and AOA clearly stating the non-profit objectives, charitable purposes, and operational guidelines.
Step 5: Apply for Section 8 License
Submit Form INC-12 along with the MOA, AOA, and other required documents to the Regional Director for obtaining the Section 8 license. This is the crucial step that distinguishes it from regular company registration.
Step 6: Certificate of Incorporation
Once the Section 8 license is granted, file the incorporation application through SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) form. Upon approval, the Registrar of Companies issues the Certificate of Incorporation
Cost to register a Section 8 Company Online in India
The total cost of registering a Section 8 Company is quite affordable compared to the cost of registering a regular company. Here's a detailed breakdown:
Government Fees:
DSC for directors: ₹500 - ₹1,500 per person DIN application: Free Name reservation (RUN): ₹1,000 Section 8 License: No fee SPICe+ filing fee: ₹1,000 - ₹1,500 (depending on authorized capital) Stamp duty: Varies by state (typically ₹500 - ₹2,000) Total Estimated Cost: ₹10,000 - ₹15,000 for registration, including government and professional fees.
Important Documents Required for Online Section 8 Company Registration
Here's a comprehensive checklist of all documents you'll need:
Document Type
Details
For Whom
Identity Proof
PAN Card (mandatory), Aadhaar Card, Passport, or Voter ID
All Directors & Members
Photographs
Passport-size colour photographs
All Directors & Members
Registered Office Proof
Rental Agreement (with NOC from owner) or Sale Deed
Company
Utility Bill
Electricity bill, water bill, or telephone bill (not older than 2 months)
Registered Office
NOC from Owner
No Objection Certificate if the office is rented
Registered Office
MOA & AOA
Memorandum and Articles of Association with non-profit clauses
Company
DSC
Digital Signature Certificate
All Directors
Important Notes:
All documents must be self-attested Foreign nationals need notarised and apostilled documents Keep both original and scanned colored copies ready Ensure all signatures match across documents
Quick Tips
Here are five essential tips to make your Section 8 Company registration smooth and successful:
Choose the right name from the start, like "Education Welfare Society" or "Rural Healthcare Foundation". This reduces the chances of rejection and reflects your mission clearly. Your MOA must explicitly state non-profit objectives, and your AOA should clearly prohibit profit distribution. Consider professional help for drafting these crucial documents. Prepare a detailed project report including clear objectives, planned activities, target beneficiaries, expected budget, funding sources, and timelines. Maintain proper documentation from day one. Keep records of all communications, decisions, and planning documents. Apply for 12A and 80G registration immediately. Don't delay applying for income tax exemptions These certifications make your organisation more attractive to donors and provide significant tax benefits.
Ready to Make a Difference?
Don't let paperwork delay your purpose. NGO Experts is ready to handle your Section 8 registration while you focus on changing lives. Get started today!
Conclusion
With minimum capital requirements, tax benefits, and complete online processing, the online Section 8 company registration is the smartest and easiest way to start your non-profit journey in India.
Whether you choose to do it yourself or work with professionals like NGO Experts, the result is a legally recognised entity that can make a real social impact.
FAQs
Q1: How long does it take to register a Section 8 Company online?
The complete process typically takes 15-20 working days from application to receiving the Certificate of Incorporation.
Q2: Can a Section 8 Company generate revenue?
Yes, a Section 8 Company can generate revenue through donations, grants, fundraising events, and even commercial activities.
Q3. Is the minimum capital required for Section 8 Company registration?
No, there is no minimum capital requirement for Section 8 Companies, unlike regular private or public limited companies. You can start with any amount, even ₹1,000.
Q4. Can I convert an existing Trust or Society into a Section 8 Company?
While you cannot directly "convert" a Trust or Society into a Section 8 Company, you can register a new Section 8 Company and transfer the assets and activities of your existing Trust or Society to the new company. This requires proper legal documentation and compliance with both the Companies Act and the original registration act.