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A Section 8 company is a company which is registered as an non-profit profit organisation/company refers to a Company which has its object of the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity,protection of environment, intends to apply its profits, if any, or other income in promoting its objects. A Non-profit making company prohibits from paying any Dividend to its members.

Section 8 company shall register itself under charitable objects, the Central Government shall issue a License in prescribed manner allow that person or association of person to register as Private Limited or Public Limited.

Procedure for Section 8 Company Registration

  1. As per the new Companies Act, 2013 a Section 8 company has to be registered as a normal Private Limited Company.

  2. First the members of the company, which should be minimum two has to obtain DSC and then DIN which is mandatory.

  3. Name approval comes next, which should not violate the Naming Guidelines of Ministry of Corporate Affairs.

  4. The draft Constitutional Documents of proposed Company i.e. Memorandum of Association (MOA) and Articles of Association (AOA) is to be drafted and then filed with the ROC along with the forms.

  5. The last page of the MOA and AOA must contain details of the subscribers to the Memorandum and Articles and the number of shares to be subscribed by each. This last page is required to be executed by subscribers.

  6. In the case of foreign subscriber the above documents need to be consularised before the Indian Embassy in the respective Country. In case of wholly owned subsidiary, a copy of the Board resolution of Holding Company approving the investment in the proposed Indian Company and authorizing a person to sign the incorporation papers on behalf of the company, duly attested by the officer of the Indian Embassy in the foreign country where the registered office is situate is also required to be attached with the papers.

  7. A form INC-12 has to be filed with the ROC for the application of license.
  8. After receiving license approval from the Central Government, Form INC-7 and DIR-12 has to be filed in order to obtain Certificate of Incorporation.