Section 8 Company Registration in India
Register Your Non-Profit or NGO Under the Companies Act 2013
The most credible way to set up a non-profit organisation in India. Charitable object & MOA drafting, Section 8 licence, SPICe+ incorporation, Certificate of Incorporation, PAN/TAN and 12A/80G support — end to end.
Overview
What Is a Section 8 Company?
A Section 8 company is a non-profit company registered under Section 8 of the Companies Act, 2013. It is formed to promote objects such as commerce, art, science, sports, education, research, social welfare, religion, charity, or protection of the environment. The defining rule is simple: a Section 8 company applies all of its income and profits towards its charitable objects, and it prohibits the payment of any dividend to its members.
This guide covers everything — features, benefits, eligibility, documents, the step-by-step registration process, how it compares with a trust and society, and the compliance that follows. As part of our wider business setup services, our Section 8 registration also connects with 12A and 80G registration and ongoing company compliance.
Key Features
Benefits of a Section 8 Company
As a company incorporated under the Companies Act 2013, it combines a charitable mission with corporate structure — the gold standard for NGOs in India.
Separate Legal Entity
Can own property, sign contracts, and sue or be sued in its own name.
Limited Liability
Members' personal assets are protected; liability is limited to their contribution.
Perpetual Succession
The organisation continues regardless of changes in members or directors.
No Minimum Capital
No minimum capital requirement — you can start at any scale.
Name Without Suffix
Can use Foundation, Association, or Forum — without Limited or Private Limited.
Tax Benefits & Funding
Eligible for 12A/80G, CSR funding, and FCRA foreign contributions.
Eligibility
Eligibility & Requirements
Section 8 company registration has a clear set of requirements. Meet these, and you are ready to apply for the licence.
Directors & Members
Min 2 directors (private) or 3 (public), min 2 members, at least 1 resident Indian director.
Charitable Object
A clear non-profit object — education, charity, social welfare, environment, etc.
Registered Office
A valid registered office address in India with supporting documents.
Documents Required
DSC/DIN, PAN, ID & address proof, MOA (INC-13), AOA, declarations, 3-year income estimate.
Step-by-Step Process
How to Register a Section 8 Company in India
The whole process is online via SPICe+. The Section 8 licence is now granted through SPICe+ itself.
Obtain Digital Signature Certificates (DSC)
Apply for Director Identification Number (DIN)
Reserve the Company Name
Draft MOA (INC-13), AOA & Declarations
Companies Act 2013 – Section 8
File SPICe+ for Incorporation & Section 8 Licence
Receive Section 8 Licence & Certificate of Incorporation
Apply for PAN, TAN & 12A/80G
Tax Exemption Setup
Comparison
Section 8 Company vs Trust vs Society
All three can pursue charitable work, but they differ in law, credibility, and compliance. For NGOs seeking grants, CSR funding, and foreign donations, the Section 8 company is usually the strongest choice. If a trust or charitable trust suits your goals better, we set those up too.
| Aspect | Section 8 Company | Trust | Society |
|---|---|---|---|
| Registered Under | Companies Act, 2013 (MCA) | Indian Trusts Act / State Trust Act | Societies Registration Act |
| Legal Identity | Separate legal entity | Not always a separate entity | Separate legal entity |
| Liability | Limited liability | No limited liability | No limited liability |
| Recognition | Nationwide (MCA) | State-level | State-level |
| Governance | Board of directors, structured compliance | Trustees, flexible | Governing body, member-driven |
| Credibility | Highest — preferred by donors, CSR, grants | Moderate | Moderate |
Ongoing Compliance
Compliance for a Section 8 Company
A Section 8 company carries structured ongoing compliance. Staying compliant protects the licence and keeps the tax exemptions intact.
Statutory Audit
Mandatory each year, irrespective of income.
ROC Annual Filings
Financial statements (AOC-4) and annual return (MGT-7).
Income Tax Return
Annual filing with exemption claimed under 12A where registered.
Board Meetings & AGM
Holding and minuting the required meetings.
12A, 80G & FCRA
Maintaining registrations and filing the related returns.
Related Services
Our Broader Non-Profit & Company Practice
Frequently Asked Questions
Common Questions on Section 8 Company Registration
What is a Section 8 company?
Can a Section 8 company make a profit or pay dividends?
How many directors are required, and is there a minimum capital?
What is the difference between a Section 8 company, a trust, and a society?
What are the tax benefits, and how long does registration take?
Ready to give your cause the strength of a company?
From charitable object and MOA drafting to the Section 8 licence, Certificate of Incorporation, PAN/TAN, and 12A/80G — we handle the entire non-profit registration end to end.
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