List of Forms Required for Section 8 Company Registration

To go through the process, certain forms are required. The list of forms required for Section 8 Company Registration is as follows –

• A Form INC-11 is used for the application of incorporation of Section 8 company.
• A Form INC-12 is used to provide information about the company’s directors. A Form INC-13 is used for the information on the Memorandum of Association’s subscribers.
• A Form INC-14 is used for providing the registered office’s information.
• A Form INC-15 is used for submitting the company’s Memorandum of Association and Articles of Association.

Section 8 Company Incorporation Compliance

Section 8 company incorporation compliances are necessary to follow to avoid any legal issues in the future leading to company dissolution. These compliances are as follows –

1.Director Availability

At all times in the organization, there must be at least two directors in which one should mandatorily be an Indian. Along with the directors, there must be a minimum of two members as well.

2. Organization’s Object

The sole purpose of establishing a Section 8 company is to do charitable work for the general people of the society who are in dire need of support. At no point, such an object should change into profit profit-making business. The profits earned through any mode in the organization must be utilized for carrying forward the objective stated in the MoA submitted to the registrar. Even the members of the organization are not allowed to share any profits or dividends.

3. Management

Section 8 companies are at all times managed by the board of directors working as per the MoA and AoA submitted to the registrar at the time of incorporation. They are responsible for carrying forward the objectives set for the organization.

4.The Companies Act, 2013 Regulations

Section 8 companies are incorporated under the Companies Act 2013, and they must follow all the regulations set for them in the act. For example, annual returns fillings, maintaining the books of accounts, holding meetings of the board of directors at regular intervals, financial statements filing in Form AOC 4, audit reports, etc.

5. Income Tax Act, 1961 Regulations

The donors in the entity get tax exemptions for registration under section 12A and donations under section 80G. To claim these deductions, the entity must acquire the 80G and 12A Registration certificate, which helps them get more donations and through which the donors get the benefit of tax deductions.

6. GST Compliance

The organization needs to attain a GST registration certificate in a case where the service-providing business does business with more than the threshold limit of Rs 20 Lakhs and the one that deals in goods has an annual turnover of more than Rs 40 lakhs.

Penalty for Non-compliance under Companies Act

If a section 8 company fails to adhere to the legal provisions of the Companies Act, the Central Government will take a step of revoking the section 8 company license. Besides this, the section 8 company registration license can be revoked if the purpose of the company is identified to be fraudulent.

If the section 8 company fail to align with the provisions of the Act, the company would have to pay a fine of not less than Rs 10 lakh. This fine may extend up to Rs 1 crore. If officers and directors of the company fail to comply under Companies Act, they would have to pay a fine of not less than Rs 25,000. It may further extend up to Rs 25 lakh or both.

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Laws in India Applicable to an NGO

There are three prominent laws in India under which your NGO can be registered-

• Society under Societies Registration Act, 1860
• Trust under Indian Trusts Act, 1882
• Section 8 of Companies Act, 2013

Fee for Section 8 Company Registration in India

The fee required for the Section 8 Company Registration depends on factors like whether or not the applicant has the DSC, DIN, Income Tax registrations, name approval, etc. If the applicant requires all the things and documents required for registration then the fee may range between Rs 20,000 – 25,000. The fee bifurcation is done below –

• Obtaining DSC and DIN – Rs 3,000
• Name Approval of the Organization – Rs 1,000
• Government Fees, Incorporation fees, AoA, and MoA – Rs 6,000 – 8,000
• Stamp Duty and Notary Charges – Rs 2,000
• A Professional Fees – Rs 8,000 – 10,000

Timeline to Register Section 8 Company Online

The timeline to register Section 8 Company online depends upon how fast the applicant can complete the documentation process along with the DSC and DIN of directors. After all the documents are collected, the application form from the website of MCA has to be filled out online.

It usually takes around 15 – 20 days to get the Section 8 Company Registration certificate if all the documents are submitted as required and no objection or correction is happening from the end of the registrar of companies.

Reasons to Trust Canjain for Section 8 Company Incorporation

Canjain has established itself as one of the most trusted brands for business consulting and compliance management, credit goes to our experienced and skilled professionals. Given below are the reasons why we are considered a reliable consulting partner for Section 8 company incorporation in India-

• Assisted in 150+ Successful Section 8 Company Registration
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• More than a Decade of Experience in Sec 8 Company Incorporation
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• Post-registration Compliance Support for Company Registration under Section 8
• 24/7 Availability to Help you Reg