Section 8 Company or NGO Registration
If you’re looking to operate a Company which does welfare for masses, promotes commerce, arts, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object. And you do not to wish to earn profit and will use any profits earned during for attaining the objects for which NGO was formed.
Registration Process:
A Section 8 Company, also known as a Non-Profit Organisation under the Companies Act, 2013, is a type of organization formed for promoting charitable, educational, scientific, research, social welfare, religious, or other similar objectives. These companies do not have the primary motive of making profits. Instead, they use their income and profits for promoting the stated objectives.
To incorporate a Section 8 Company or NGO (Non-Governmental Organization), the following steps are typically involved:
- 1. Digital Signature Certificate (DSC): Obtain DSC for all proposed directors of the company.
- 2. Director Identification Number (DIN): Apply for DIN for all proposed directors.
- 3. Name Reservation: Choose a unique name for the company and apply for name reservation with the Registrar of Companies (RoC).
- 4. Memorandum and Articles of Association (MOA & AOA): Draft the MOA and AOA, specifying the objectives and rules of the company.
- 5. License under Section 8: Apply for a license under Section 8 of the Companies Act, 2013, from the RoC. This license is necessary for a company to be registered under Section 8.
- 6. Incorporation: Once the license is obtained, file the incorporation documents (including MOA, AOA, and license under Section 8) with the RoC through SPICe (Simplified Proforma for Incorporating Company Electronically) form.
- 7. Certificate of Incorporation: If all documents are in order and the RoC approves the application, they will issue a Certificate of Incorporation, confirming the formation of the Section 8 Company. PAN and TAN Application: After incorporation, apply for the company's Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) with the Income Tax Department.
- 8. Compliance Requirements: Ensure compliance with post-incorporation requirements such as holding regular board meetings, maintaining proper accounts, filing annual returns, etc.
It’s essential to note that Section 8 Companies have specific regulatory requirements and are subject to oversight by the relevant authorities to ensure that they operate in accordance with their stated objectives and do not engage in activities that generate profits for their members. Consulting with legal and financial experts experienced in NGO registration is advisable to navigate the process smoothly and ensure compliance with all relevant laws and regulations.
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*Exclusive of Goods & Service Tax
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