Section 8 Company Registration

Registering a Section 8 Company in India, which is a type of non-profit organization, involves several steps and adherence to specific legal requirements. Below is a general outline of the process. Please note that it’s advisable to work with a CA firm like B. Pramanik & Associates to ensure all legal and procedural aspects are correctly handled.

Steps to Register a Section 8 Company

1. Obtain Digital Signature Certificate (DSC)

  • All proposed directors must obtain a DSC, which is used to sign documents electronically.

2. Director Identification Number (DIN)

  • Apply for DIN for all proposed directors if they do not already have one.

3. Name Approval

  • Apply for the reservation of the company name using the SPICe+ form. The name must indicate that it is a Section 8 Company.

4. Prepare Memorandum and Articles of Association (MoA and AoA)

  • Draft the MoA and AoA, which detail the objectives and rules of the company. These must align with the requirements of a Section 8 Company.

5. Application for License

  • File Form INC-12 to obtain a license under Section 8 of the Companies Act, 2013. The application should include:
    • Draft MoA and AoA.
    • Declaration by each director in Form INC-15.
    • Financial statements and reports (if applicable).
    • Statement of the estimated future annual income and expenditure.
    • Detailed description of the work to be carried out.

6. Incorporation Application

  • After receiving the license, file the incorporation application using Form SPICe+ along with necessary attachments:
    • MoA (INC-13).
    • AoA.
    • Declaration in Form INC-9 by subscribers and directors.
    • Consent to act as director in Form DIR-2.
    • Address proof of the registered office.

7. PAN and TAN Application

  • Apply for PAN and TAN through the SPICe+ form.

8. Issue of Certificate of Incorporation

  • Upon verification, the Registrar of Companies (RoC) will issue a Certificate of Incorporation along with a unique Company Identification Number (CIN).

Documents Required

  1. Director’s Documents
    • PAN Card
    • Identity Proof (Aadhar Card, Voter ID, Passport)
    • Address Proof (Bank Statement, Utility Bill)
    • Passport-sized photographs
  2. Registered Office Proof
    • Rent Agreement (if rented)
    • No Objection Certificate (NOC) from the owner
    • Utility Bill (not older than 2 months)
  3. Company Documents
    • MoA and AoA
    • Estimated income and expenditure statement
    • Brief description of the proposed activities

Professional Help

Engaging a CA firm like B. Pramanik & Associates can simplify this process as they can assist with:

  • Document Preparation: Ensuring all documents are correctly drafted and submitted.
  • Compliance: Making sure the company complies with all regulatory requirements.
  • Filing: Handling all electronic filings with the Ministry of Corporate Affairs (MCA).
  • Follow-up: Dealing with any queries or issues raised by the ROC during the registration process.

Contact Information

To get started, you should contact B. Pramanik & Associates directly. They can provide personalized guidance and handle the intricacies of the registration process for you. Ensure you have all your documents in order and clearly understand your organization’s objectives to facilitate a smoother process.

Would you like more detailed guidance or contact information for B. Pramanik & Associates?