Table of Contents
Section 8 Company Registration in India – Start Your NGO with N D Savla & Associates
If you’re looking to start a non-profit organization in India, a Section 8 Company is the most credible and structured way to go. Governed by the Companies Act, 2013, this entity structure allows you to legally run charitable, social, or welfare-oriented initiatives.
At N D Savla & Associates, we provide end-to-end Section 8 Company registration services in India. Our expert legal team ensures a smooth, compliant, and quick incorporation process—allowing you to focus on your mission while we handle all the legal formalities.
What is a Section 8 Company?
A Section 8 Company, as defined under the Companies Act, 2013, is a non-profit entity formed to promote arts, science, education, sports, environment, social welfare, and other charitable purposes. Unlike other company types, profits cannot be distributed to members; they must be reinvested for the company’s objectives.
Section 8 Companies are equivalent to the old Section 25 Companies under the Companies Act, 1956, and offer a structured approach for individuals and organizations committed to creating social impact.
Key Highlights of Section 8 Company Registration in India
No profit distribution – Profits must be used for charitable purposes only
No minimum capital required for incorporation
Requires minimum 2 Directors and 2 Shareholders
Separate legal identity from its members
Governed by strict legal compliance under MCA
Eligible for tax exemptions under 12AA and 80G
Benefits of Incorporating a Section 8 Company
Tax Exemptions (12AA & 80G)
Section 8 companies can apply for 12AA registration (exempting their income from tax) and 80G registration, allowing donors to claim tax deductions—encouraging more donations.
No Minimum Capital Requirement
Start with any capital. There’s no minimum paid-up capital requirement, giving founders financial flexibility.
Separate Legal Entity
A Section 8 Company can own property, sign contracts, and sue or be sued—independent from its founders.
Perpetual Succession
The company continues to exist regardless of changes in members or directors.
Increased Credibility
Compared to Trusts or Societies, a Section 8 Company enjoys greater credibility and donor confidence, thanks to MCA oversight and compliance.
No Title Constraint
You’re not required to use the words “Section 8” in your name. You can choose a meaningful name aligned with your mission.
Who Can Register a Section 8 Company in India?
Indian Citizens
Hindu Undivided Families (HUFs)
NRIs and Foreign Nationals (with valid documentation)
Existing companies aiming to support social, educational, or environmental goals
At least 2 directors (for Private Ltd) or 3 directors (for Public Ltd) are required.
Legal Requirements for Section 8 Company Registration
| Requirement | Description |
|---|---|
| Directors | Minimum 2 (Private Ltd) or 3 (Public Ltd) |
| Members | Minimum 2 (no upper limit for Public Ltd) |
| Capital | No minimum capital requirement |
| Objective | Must be charitable or for social good |
| Company Name | No requirement to use “Ltd” or “Pvt Ltd” |
Documents Required for Section 8 Company Registration
For Directors & Subscribers (Indian Nationals):
PAN Card
Aadhaar Card / Voter ID / Passport
Passport-size photograph
Utility bill (latest)
Rent agreement & NOC (if rented premises)
For Foreign Nationals:
Passport (notarized and apostilled)
Address proof (bank statement / government ID)
Entity-Related Documents:
MOA and AOA
Consent of nominee (INC-3)
Declaration of unregistered companies
Proof of registered office address
Board resolution (if corporate subscriber)
Section 8 Company Incorporation Process with N D Savla & Associates
Step 1: Get Digital Signature Certificate (DSC)
All proposed directors must obtain a DSC to sign documents digitally.
- Form Used: DSC Application
Step 2: Apply for Director Identification Number (DIN)
DIN is required for all directors of the company.
- Form Used: DIR-3
Step 3: Reserve Company Name
Submit name preferences for approval through SPICe+ Part A. The name should reflect your nonprofit’s goals and must be unique.
- Form Used: SPICe+ (Part A)
Step 4: Draft and Submit Incorporation Forms
File SPICe+ Part B, MOA, AOA, and other incorporation documents.
- Forms Used: INC-32 (SPICe+), MOA, AOA
Step 5: Apply for Section 8 License
File Form INC-12 along with detailed documentation of objectives to obtain the license from the Regional Director (MCA).
- Form Used: INC-12
Step 6: Receive Certificate of Incorporation
Once approved, you’ll receive the Certificate of Incorporation (COI) with CIN, PAN, and TAN.
- Form Used: INC-16
Donations & Funding – How Can a Section 8 Company Raise Funds?
A Section 8 Company cannot raise funds through equity or deposits, but can accept:
Public Donations
CSR Contributions
Foreign Donations (with FCRA approval)
Equity at premium (with proper authorization)
Note: FCRA approval is mandatory for foreign contributions. Can apply after 3 years or seek prior permission.
12A and 80G Registration for Section 8 Companies
Obtaining Section 12A registration exempts your income from tax, while 80G registration lets donors claim tax deductions on their donations.
Important: 80G is valid until March 2025 and must be renewed annually to maintain tax benefits for donors.
Let N D Savla & Associates help you navigate the registration process to unlock these valuable tax advantages.
How Long Does It Take to Register a Section 8 Company?
Typically, the registration process takes 15–25 working days, depending on MCA processing times, document accuracy, and licensing approval.
At N D Savla & Associates, we fast-track the entire procedure with minimal delays, ensuring you can launch your mission-driven organization quickly.
Post-Incorporation Compliance for Section 8 Companies
After successful registration, the company must:
Appoint an Auditor
Maintain statutory registers
File annual returns and financials with ROC
Comply with GST, Income Tax, and CSR laws
Renew 80G and 12AA as per due dates
Our compliance experts at N D Savla & Associates provide ongoing legal and financial support to ensure your nonprofit always stays compliant.
Why Choose N D Savla & Associates for Section 8 Company Registration?
At NDS Advisore, we go beyond paperwork—we become your strategic compliance and formation partner. Whether you’re an entrepreneur, philanthropist, or NGO founder, our legal experts ensure that your nonprofit organization is set up legally, tax-efficiently, and stress-free.
Our Services Include:
Company name approval
MOA & AOA drafting
Filing SPICe+ forms
License application under INC-12
Certificate of Incorporation (INC-16)
12AA & 80G registration
Ongoing ROC compliance
