Section 8 Company Registration promotes social welfare, sports, education, and aiding lower-income groups. Eligible for individuals, HUFs, & limited firms. Get benefits by fulfilling criteria.
At least one Indian resident director.Eligible entities: Individuals, HUFs, & limited companies.Social welfare objective: sports promotion, education support, or aiding lower income groups.
For NGOs, trusts, societies, and businesses, we provide complete support in registrations, compliance, and funding. From NGO/Trust/Society setup to 12A, 80G, FCRA, NITI Aayog, and CSR project reports, our experts handle everything seamlessly to keep you compliant and fund-ready.
Section 8 Company registration is the legal process of forming a non-profit organisation under the Companies Act, 2013, to promote education, social welfare, environment, arts, and other charitable causes. These companies operate without profit motives and offer tax benefits under Sections 12A & 80G, are exempt from stamp duty, have limited liability, and enjoy strong donor credibility. The process includes obtaining DSC and DIN, reserving a name, drafting the memorandum, and filing the SPICe+ form with the Ministry of Corporate Affairs. Approval typically takes 12–18 working days, and the registration remains permanently valid unless it is changed or revoked. NGOExperts handles the entire filing process—from documentation to incorporation—ensuring smooth and compliant registration.
Section 8 Company allows NGOs and social enterprises to operate with limited liability, tax exemptions, and donor credibility. It is the most reliable structure for organizations engaged in education, healthcare, skill development, environmental protection, charity, and community welfare.
This structure is preferred because it provides CSR funding eligibility, tax benefits, and government approvals, helping NGOs build trust and scale their social impact effectively. Compared to trusts or societies, a Section 8 Company ensures stronger compliance and stability.
At NGOExperts, our experienced team has registered NGOs across India. We manage the entire process—from DSC & DIN to MOA/AOA drafting and ROC filing—to deliver a smooth and hassle-free registration, so you can focus on your mission while we handle the legal work.
Choosing Section 8 Company Registration in India gives NGOs and social enterprises several benefits that enhance credibility, reduce costs, and unlock tax as well as funding opportunities:
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The Indian Companies Act, 2013, provides for online registration of Section 8 companies, which has made it easier & quicker for entrepreneurs to establish non-profit organizations for good causes. The step-by-step instructions for Section 8 Company Registration Online Process:
To initiate the registration process, the first thing required is to obtain a Digital Signature Certificate (DSC) & Director Identification Number (DIN) for all proposed directors of the Section 8 company.
The proposed name for the online registration of Section 8 company should be unique & not similar to any existing company. The applicant must apply to reserve the proposed name via the RUN (Reserve Unique Name) form. On approval of the name, the applicant gets a name reservation certificate, which is valid for 20 days from the date of approval.
The following documents need to be prepared & filed with the Registrar of Companies (ROC) for Section 8 company registration online:
After obtaining the name reservation certificate & preparing the necessary documents, the application for company registration under Section 8 must be submitted online on the MCA (Ministry of Corporate Affairs) portal. Select the Spice+ form option under the Service section & complete the requirements. The requisite Section 8 company registration fees must be paid online.
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As the documents are processed & approved, the ROC will issue a certificate of registration. Congratulations! You are now a registered Section 8 company in India.
The registration process for a Section 8 company can be quite challenging, especially if you are new to the legalities involved. This is why seeking professional assistance from NGOExperts is wise.
They are qualified in the field & can guide you through the registration process with ease, ensuring that all the documentation & legal requirements are taken care of. So, don't hesitate to seek guidance from them for a smooth & seamless registration process.
A Section 8 Company can be incorporated as either a Private Limited Company or a Public Company. The basic eligibility in terms of directors and shareholders is shown below:
|
Type of Company |
Minimum Requirement |
Maximum Limit |
|
Private Limited Company |
2 Directors, 2 Shareholders |
200 Shareholders |
|
Public Company |
3 Directors, 7 Shareholders |
No upper cap |
One person can hold both roles (director + shareholder), or different individuals can take up these positions.
After incorporation, a Section 8 Company has to follow certain legal compliances every year to maintain its status:
These are the key compliance steps, but depending on the nature of your NGO or business activities, there may be extra requirements to meet.
Before you begin the section 8 company registration process, it is important to ensure that all the documents are ready & available. List of some essential documents include:
Registering a Section 8 Company involves a few mandatory steps that need to be completed before and after incorporation. To make the process easier, here’s a clear pre-registration and post-registration checklist you can follow:
As a leading service provider in NGO registrations, NGOExperts brings a wealth of expertise & experience to the table. We offer Section 8 company registration services & a variety of other registration options to help organizations establish themselves & make a meaningful impact.
With our all-inclusive section 8 company registration services, you can focus on your mission while we handle the paperwork. Trust us to help your organization thrive.
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The answer depends on whether you're incorporated as a private or public limited company. In the former case, you need at least two directors, while in the latter, you'll need a minimum of three. Directors are crucial to any company's success, as they are responsible for making important decisions, leading the company towards its goals, & ensuring that it complies with relevant laws & regulations.
Section 8 companies are limited in their ability to raise funds by way of deposits. However, they are allowed to accept donations from the general public. These donations are typically used for the purpose of furthering the company's objectives, such as promoting social welfare or advancing education. It is important to note that Section 8 companies are subject to strict regulations & are required to maintain transparency & accountability in their financial practices. While they cannot accept deposits, these companies play an vital role in promoting social causes & making a positive impact on the world around us.
A foreign company cannot be registered under Section 8 of the Companies Act, 2013, as it does not fit within the definition of a foreign company as outlined in Section 2(42). It is essential that those looking to form a Section 8 company understand these limitations & eligibility requirements to avoid any potential legal issues down the line.
As far as taxation for Section 8 companies is concerned, they are treated like any other company. The profits generated by the company are taxed at a rate of 30%. However, if the section 8 company is registered under section 12AA of the Income Tax Act, then the profits are completely exempt from taxation. This means that if the company is following all the regulations & is registered under section 12AA along with being a Section 8 company, it can enjoy the perks of tax exemption.
For companies operating as Section 8 entities, the remuneration of directors can be a complex issue. When a company has only one managing director, whole-time director, or manager, their salary cannot exceed 5% of the net profits. However, if a company has multiple directors in these roles, the total remuneration cannot exceed 11% of the net profits. It's essential for companies to adhere to these guidelines, but it's equally important for directors to recognize their value & ensure they're being fairly compensated for their contributions.
There is no requirement for minimum paid-up capital in these cases. This is in contrast to other types of companies, where a minimum level of capital is necessary to get started. With a Section 8 company, the focus is on the social good the company can do, rather than just making a profit. Therefore, minimum capital requirements are not considered to be important for this type of entity.
Yes, as a separate legal entity, a Section 8 company has the right to acquire, own, & dispose of their properties in their own name. This means that the company can sell a property just like any other entity. It's always best to ensure that you're following all relevant laws & regulations when making these transactions.
While the Companies Act 2013 does prescribe a minimum of three members for public limited companies & two for private limited companies, there is no rule when it comes to Section 8 companies. In fact, there is no minimum or maximum number of members specified for these types of organizations. This can actually be a great advantage for those looking to establish a Section 8 company, as it provides ample flexibility in terms of membership & governance
Section 8 companies, in spite of their non-profit status, have the ability to make a profit. Rather than being focused solely on generating revenue, these organizations are formed to serve a public good, such as promoting the arts, science or charity. While some might believe that non-profit status restricts the potential for profit, Section 8 companies can & often do turn a profit while still fulfilling their intended purpose.
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