How to Register a Section 8 Company

A Section 8 company is registered under the Companies Act, 2013. It is specifically for non-profit organizations.

Starting a Section 8 company can be an exciting venture, especially if you are aiming to make a difference in your community. Section 8 companies are designed for non-profit organizations that work for a charitable purpose. Here’s a step-by-step guide to help you navigate the process.

Understand Section 8 Company Registration
A Section 8 company is registered under the Companies Act, 2013. It is specifically for non-profit organizations. These companies are formed with the goal of promoting commerce, art, science, religion, charity, or any other useful object. They do not distribute profits to their members.

Step-by-Step Registration Process
Obtain Digital Signature Certificate (DSC)
To start the registration, you need a Digital Signature Certificate (DSC). This is required for signing documents electronically. The DSC registration fees can vary, so be sure to check the latest rates.
Choose Your Directors
A Section 8 company must have at least two directors. These directors should be individuals, and they should be of sound mind and not have any convictions that could affect their ability to act as directors.
Apply for Director Identification Number (DIN)
Each director needs a Director Identification Number (DIN). This can be applied for through the Ministry of Corporate Affairs (MCA) portal. The DIN is mandatory for all directors of a Section 8 company.
Name Reservation
Choose a unique name for your Section 8 company. You must ensure that the name reflects the charitable nature of the organization. Apply for name reservation with the MCA through the RUN (Reserve Unique Name) service.
Draft the Memorandum and Articles of Association
Prepare the Memorandum of Association (MOA) and Articles of Association (AOA). These documents outline the objectives and governance structure of the company. Ensure that these documents are aligned with the charitable goals of your organization.
Apply for Registration
Submit your application for Section 8 company registration to the Registrar of Companies (ROC). Along with your application, you will need to provide the necessary documents, such as the DSC, DIN, and the MOA/AOA.
Compliance and Fees
Ensure that you meet all compliance requirements. This includes paying any applicable registration fees and submitting all required documents. The cost of DSC and other fees should be accounted for in your budget.
Obtain Certificate of Incorporation
After the ROC reviews your application and documents, they will issue a Certificate of Incorporation. This certificate confirms that your Section 8 company is officially registered.
Additional Registration Options
If you’re also considering other types of registrations, you might explore LLP registration. An LLP, or Limited Liability Partnership, is another business structure that combines elements of partnerships and companies.

Seek Expert Guidance
Navigating the registration process can be complex. For the best assistance, consult a professional like Deeksha Khurana from Taxlegit. With her expertise in Section 8 company registration, you can ensure that all requirements are met and the process is handled smoothly.

Conclusion
Registering a Section 8 company involves several steps, from obtaining a DSC to finalizing compliance. Following these steps carefully will set you on the right path to establishing a successful non-profit organization. For a seamless registration process, consider enlisting the help of experts like Deeksha Khurana from Taxlegit.