In India, Section 8 company, Trust and society are the legal entities to run the Non-Profit-Organisation (NGO). Section 8 is the most popular form of establishing the NGO. Section 8 company are registered with Ministry of Corporate Affairs, Government of India as Private Limited Company or Limited Company. In the erstwhile Companies Act 1956, section 8 was known as Section 25 companies. There is a restriction not to distribute the profits of the section 8 company to its shareholders in whatsoever manner and should be applied for the fulfilment of the objectives of the company. The objectives have to be confirmed to the satisfaction of the Central Government.
Section 8 Company can be registered by the Individuals or group of persons, if the following conditions are met:-
Startups Helpline assist you in registering the section 8 company for you after understanding the objects of the NGO from you. Startups Helpline registers the Section 8 Company in all major cities including Delhi, Kolkata, Mumbai, Chennai, Hyderabad, Haryana, Uttar Pradesh, Bihar & all other Indian cities.
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In India, an NGO can be registered as any of the three structures being Company under Section 8 of the Companies Act, 2013(section 25, companies act 1956), Trust or Society. A NGO or Non-Profit Organisation is an entity that operates for promotion of art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object.
The key characteristics of an NGO section 8 company are: • It operates with the aim of promoting common welfare of masses at large, for promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object. • The objective is not to earn profit. • The profits, if any, or other income is used towards promoting of specific objects of NGO.
• Minimum two shareholders • Minimum two Directors (Directors and shareholders can be same person); • At least one Director shall be resident in India • No Minimum capital required • Income-tax PAN is a mandatory requirement in case of Indian nationals • Any one of the Identity Proof (Voter ID/Aadhar Card/Driving License/Passport). Passport is mandatory requirement for proof of identity in case of foreign nationals. • Any one Proof of Residence (Electricity Bill/Telephone Bill/Mobile Bill/Bank Statement). • Registered Office address proof (rent agreement along with latest rent receipt and copy of latest utility bill in the name of landlord and a no objection certificate from the owner of the premises, in case the premises are rented) • In case the premises are owned by a Director and Promoters, any documents establishing the ownership such as Sale Deed/House Tax receipt etc along with the no objection certificate.
Multiple forms need to be filed to apply for license. The most important form is eForm INC 12 (for issuance of license under section 8 of the Companies Act, 2013).
Digital Signature is the only secure and authentic way that a document can be submitted electronically. All filings of e-forms on MCA Portal are required to be filed with the use of Digital Signatures by the person authorised to sign the documents.
Yes, you need a minimum of two directors for a section 8 company registration.
Any individual/organization can become the member of Section 8 Company including foreigners/NRI’s.
The entire procedure is 100% online and you don’t have to be present at any office for incorporation. A scanned copy of documents has to uploaded on document vault and our experts will carry out all registration formalities for you.
The incorporation process gets completed on obtaining the license and issue of incorporation certificate under section 8 of Companies Act 2013. The whole process of company incorporation can be closed less than 15 days.
An address in India where the registered office of the Company will be situated is required. The premises can be a commercial / industrial / residential where communication from the MCA will be received.