Section 8 Company Registration Guide in India - PDF

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SWARIT ADVISORS PVT LTD

SECTION 8 COMPANY All About Section 8 Company


What is Section 8 Company? A non-profit organization can be registered as a trust or a society and also as NPO Company under Section 8 of Companies Act, 2013. Section 8 Company has more benefits in comparison to trust and society. Section 8 Company is registered for the charitable

purpose or for not for profit business. This type of Company has more credibility among donors, government departments and other stakeholders. NGO Registration is an offline process except the Section 8 Company Registration.


Purposes of Section 8 Company

1

2

3 Swarit Advisors Pvt Ltd


Last Year's Results

This Year's Results

Its Registration is governed by the Ministry of Corporate Affairs whereas the Trust & Society Registration is

For Section 8 Company, it is not required to use words 'LTD' or 'PVT LTD' in their name. With effect from June

governed by Registrar of state under the State Government.

5, 2015, under the Act, there is no such requirement regarding the minimum capital.


SWARIT ADVISORS

DOCUMENTS REQUIRED FOR SECTION 8 COMPANY REGISTRATION • Identity proof of all the Directors - copy of PAN card (mandatory). • Address proof – copy of Aadhaar/ Driving License/ Passport/ Telephone Bill/ Electricity

• Passport size photograph of all the Directors.

• Rent Agreement in case the Registered Office of the Company is on rent. • Utility Bill of the Registered Office. • Form DIR-2 which is consent to act as a Director.Director's interest in other entities.

Section 8 Company Registration

Bill.


DIN

First, obtain the Digital Signature

Obtain the Directors Identification

Certificate (DSC) of all the

Number (DIN) for all the Directors

Directors and Promoters of the

in the Company.

Company in case they don't have the same

Name Approval

Draft MOA & AOA

For name approval, an Application

After name approval, the next step

will be filed in Form INC-1 to the

is to draft MOA & AOA and now

Registrar of the Company.

the time comes to file it to ROC in Form INC 12

PROCEDURE FOR SECTION 8 COMPANY

DSC


Application for License

WITH THE FOLLOWING ATTACHMENTS: INC 13 (Memorandum of Association).Article of Association. INC 15 (Declaration by subscribers of the MOA). Statement of Income & Expenditure. List of Directors of the Company. Subscriber page of MOA & AOA should be handwritten by subscriber and witness.After approval of the Form, the License is issued in Form INC 16.


Section 8 Company Registration

Incorporation Application • • • • • • • • • • •

Memorandum of Association. Article of Association. Declaration by professional in Form INC 8. Affidavit by each subscriber of the Memorandum in Form INC 9. Address proof of the subscribers. Identity proof of subscribers. Specimen signature in Form INC 10. PAN card. NOC, if there is any change in the name of Promoters after name approval. Board Resolution authorizing to subscribe to MOA. Any other attachments, if any.


Form INC 22 is to be filed for the situation of the Registered Office of the Company along with the following attachments: • Rent Agreement/ Lease Deed. • Electricity Bill of not older than 2 months. • NOC on the letterhead of the Promoter for using the premises.


Swarit Advisors Pvt Ltd

APPOINTMENT OF DIRECTORS For the purpose of appointment of

Directors, Form DIR 12 is required to be filed with the following attachment:


Certificate of Incorporation

125

100

75

After satisfying with the Forms filed with ROC, the Registrar shall issue the Certificate of Incorporation along with the unique Company Identification Number.

50

25

0

Item 1

Item 2

Item 3

Item 4


PENALTY PROVISIONS In case Company makes any default in complying with the provisions of this section, the Company shall be punishable with the fine which shall not be less than ten lakh rupees but which can be extended

to

rupees

one

crore.

Moreover,

the

Directors and Officer in default shall be punishable with the imprisonment for a term which may extend to three years or fine which shall not be less than

twenty-five thousand rupees and can be extended to twenty-five lakh rupees or both.


Contact US

We'd love to hear from you!

ADDRESS Block H Plot No. 55, Ground Floor, Sector 63 , Noida, UP

PHONE +91-9821399320

EMAIL ho@swaritadvisors.com


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