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Incorporate Your Section 8 Company with Lawfinity
Establish a legally recognized non-profit and unlock tax benefits, funding opportunities, and social impact potential.
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Know More About Section 8 Company Registration
Introduction and Its Compliance
A Section 8 Company is a non-profit organization registered under the Companies Act, 2013. It is formed with the objective to promote commerce, art, science, education, sports, charity, social welfare, religion, environmental protection or any other objective of public welfare.
Unlike regular companies, Section 8 Companies cannot distribute profits to its members and must reinvest earnings into the company's objectives.
Compliance for Section 8 Companies includes annual return filing, maintenance of books of accounts, audits, Board meetings and adherence to Ministry of Corporate Affairs (MCA) regulations. They are also eligible for tax exemptions and FCRA registration (for foreign donations), subject to specific compliance requirements.
Why It Is Needed
Registering a Section 8 Company gives your non-profit a formal legal status, making it easier to raise funds, apply for grants, receive donations and establish credibility with donors and government agencies.
It is ideal for individuals or groups aiming to create social impact with legal protection and structured governance. The structure offers strong regulatory backing, which helps in long-term sustainability and accountability.
Benefits and Advantages
- Legal Recognition A Section 8 Company has a recognized legal identity under Indian law, allowing it to own assets, enter into contracts and operate with legitimacy.
- Tax Exemptions The company can apply for Section 12A and 80G registration under the Income Tax Act, providing tax exemptions for the entity and its donors.
- Credibility & Trustworthiness Due to strict regulatory oversight, Section 8 Companies gain higher trust from donors, investors, government agencies and CSR partners.
- Separate Legal Entity The company’s legal identity is distinct from its members, meaning liabilities and legal matters are confined to the company itself.
- Perpetual Succession The entity continues to exist despite changes in directors or members, ensuring long-term continuity and mission fulfillment.
- Access to Foreign Donations It can apply for FCRA registration to legally receive foreign contributions, opening up global funding avenues.
- Limited Liability Members’ personal assets are protected; their liability is limited to their shareholding or guarantee amount.
Eligibility Criteria
- At least 2 directors (for a private company) or 3 directors (for a public company)
- Minimum 2 shareholders (can be the same as the directors)
- At least one director must be an Indian resident
- The entity must be formed for a charitable or not-for-profit objective
- Profits must be reinvested in the mission and not distributed to members
Documents Required
Directors & Shareholders
- PAN Card (mandatory)
- Aadhaar Card / Passport / Voter ID / Driving License
- Passport-size photograph
- Address proof (utility bill, bank statement – not older than 2 months)
Registered Office
- Electricity bill / Property tax receipt / Water bill
- Rent agreement (if rented)
- NOC from the property owner
Additional Documents
- Digital Signature Certificate (DSC)
- Memorandum of Association (MOA)
- Articles of Association (AOA)
- Declaration of Objectives (explaining the charitable purpose)
Steps for Getting Registration
- Step 1: Obtain Digital Signature (DSC) for all proposed directors
- Step 2: Apply for Name Approval through MCA (using RUN form)
- Step 3: Prepare MOA & AOA aligned with charitable objectives
- Step 4: File SPICe+ Form (INC-32) with MCA, along with necessary attachments
- Step 5: Apply for Section 8 License (Form INC-12) with supporting declarations
- Step 6: Receive Incorporation Certificate with a unique CIN and license number
- Step 7: Apply for PAN, TAN and optionally 12A & 80G registration
Timelines
Registration Timeline
10 to 15 working days
Timelines may vary depending on document verification and government approvals.
Fee
Frequently Asked Questions
Because every great business starts with the right answers.
Yes, but profits must be reinvested in the organization’s mission. Distribution to members is strictly prohibited.
Yes, in terms of structure, credibility, governance and eligibility for international and corporate donations.
Yes, but at least one director must be an Indian resident.
Yes, after obtaining FCRA registration from the Ministry of Home Affairs.
There is no minimum capital requirement to register a Section 8 Company.
Yes, but only with approval from the Central Government and subject to regulatory compliance.
Yes, statutory audits are mandatory regardless of income level.
No, Section 8 Companies operate on a guarantee basis and cannot issue shares.
It is valid for the lifetime of the company unless revoked due to non-compliance.
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