Online Section 8 Company Registration : Process & Documents Required

What is Section 8 Company Registration?

Section 8 Company Registration in India

In India, the Section 8 Company Registration is regulated by the Indian Companies Act, 2013 (and the amendments thereof) and the rules & regulations that are made thereunder and it  is administered by the Ministry of Corporate Affairs, Government of India through the Offices of Registrar of Companies (‘RoC’) in each of the  state of India. The Company Incorporation rules, the requirements, process, and the procedures vary more or less depending particularly on the type of the company that is to be incorporated.

Section 8 Company is a Company that is  licensed under Section 8 of the Companies Act, 2013 (the Act), erstwhile known as the  Section 25 Company under the Companies Act, 1956, which had the main object; For promoting research, social welfare, religion, charity, commerce, art, science, sports, education, and the protection of the  environment or any such other object, provided that  the profits, if any, or the other income is applied for promoting only the objects of the company and Also, No dividend is paid to its members.

Therefore, Section 8 Company is a company which is registered for charitable or not-for-profit purposes. This  Company is, however, similar to a Trust or Society; an exception is that a Section 8 Company is registered under the Central Government’s “Ministry of Corporate Affairs (MCA)”whereas the Societies and Trusts are registered under the State Government regulations. This, however, has various advantages when it is compared to Trust or Society and it also has higher credibility amongst the donors, Government departments, and other stakeholders.

​Procedure for Incorporating Section 8 Company​

Section 8 Company Registration Process:

1. DIGITAL SIGNATURE OF DIRECTOR- As the application for Company Incorporation is filed online, the process starts with the issuance of Digital Signatures of class two.
2. NAME APPROVAL OF COMPANY- The Company name must be unique and should not be the same or similar to an existing company, LLP or a trademark.
3. LICENSE FOR SECTION 8 COMPANY- An application is filed before the central government for grant of license to incorporate a company without Limited in their name.
4. INCORPORATION, PAN AND TAN- ​An application is made to the ROC office for incorporation of section 8 company, and allotment of PAN and TAN.

​Documents Required for Registering Section-8 Company:

Documents Required for Directors (Indian Nationals)
The following documents are required for Indian nationals to incorporate a Section 8 company:

• PAN Card – PAN Card, as is commonly known, is a unique identification number issued by the Income Tax Department. Directors of Indian nationality are required to submit their PAN during the incorporation process.
• Proof of Address – The proof of address to be submitted by a Director must include his/her name as mentioned in the PAN Card. This document could be in the form of a Passport, Election Card/Voter Identity Card, Ration Card, Driving License, Electricity Bill, Telephone Bill and Aadhar Card.
• Residential Proof – While an address proof forms a part of most documentary essentials, incorporating a company requires residential proof to validate the address of the Director. Like an address proof, the residential proof must include the name of the Director as mentioned in the PAN Card. This document could be in the form of a bank statement, electricity bill, telephone bill and mobile bill.

Documents Required for Directors (Foreign Nationals)
Foreign nationals are required to produce the following documents for incorporating a company in India:

• Passport – As it obvious as it may seem, a passport is the most essential of all documents to be maintained by a foreign national. For the purpose of this provision, a passport must be Notarized or Apostilled in the country it was issued. If the document is in a foreign language, it must be translated into English by an official translator.
• Address Proof – As in the above case, a foreign national’s address proof must be notarized or apostilled. The proof so submitted must include the name of the Director as mentioned in the Passport. This document could be in the form of a driving license, residential card, bank statement, and other government-issued documents with the address.

Note – if the passport doesn’t contain the birth of the holder, an additional document indicating the date of birth of the director must be provided, duly certified, attested, notarized or apostilled.

• Registered Office Proof
• Documents for Shareholders
• Memorandum and Articles of Association
• Application - An application for a license must be made to the Registrar in Form INC 12 by remitting a fee of Rs. 2000.
• SPICE 32 Form

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