BI-SECTION8Company Types

Section 8 Company (NGO) Registration

By G R Hari3 min read

Quick Answer

Section 8 Company Registration India is the legal process of incorporating a non-profit organization under the Companies Act, 2013. This structure is ideal for entities promoting commerce, art, science, charity, sports, education, research, social welfare, religion, or environmental protection.

Section 8 Company (NGO) Registration — detailed explanation below

Governing Act — Section 8 Company Registration India

Section 8 Company Registration India is governed by Section 8 of the Companies Act, 2013, read with the Companies (Incorporation) Rules, 2014. The Ministry of Corporate Affairs (MCA) administers this registration. The Act requires that the company's objects promote charitable activities and that any profits or income are applied solely to promote these objects, with no dividend paid to members.


Government Department & Website for Section 8 Company Registration India

The Ministry of Corporate Affairs (MCA) is the governing body. All applications are filed through the MCA21 portal at www.mca.gov.in. The Registrar of Companies (ROC) of the respective state processes the application. For Section 8 Company Registration India, you must also obtain approval from the Directorate of Income Tax for 80G and 12A registration if seeking tax exemptions.


Section 8 Company Registration India Application Process

The process for Section 8 Company Registration India involves the following stages:

  1. Obtain Digital Signature Certificate (DSC) for proposed directors.
  2. Apply for Director Identification Number (DIN) via Form DIR-3.
  3. Reserve company name through Form RUN (Reserve Unique Name).
  4. File Form INC-12 with the ROC for license under Section 8.
  5. Submit incorporation documents (MOA, AOA, declarations) via Form INC-32 (SPICe+).
  6. Obtain Certificate of Incorporation with a license under Section 8.

After incorporation, apply for PAN, TAN, and bank account opening.


Key Forms Required for Section 8 Company Registration India

The following forms are essential for Section 8 Company Registration India:

  • Form INC-12: Application for license under Section 8.
  • Form INC-32 (SPICe+): Integrated incorporation form.
  • Form INC-33 (e-MOA): Memorandum of Association.
  • Form INC-34 (e-AOA): Articles of Association.
  • Form DIR-3: Director Identification Number application.
  • Form RUN: Name reservation.

All forms are filed electronically on the MCA portal.


Eligibility Criteria for Section 8 Company Registration India

To register a Section 8 company in India, the following criteria must be met:

  • Minimum 2 directors (individuals) and 2 members (for private company) or 3 directors and 7 members (for public company).
  • At least one director must be a resident of India.
  • The company's main objects must promote commerce, art, science, charity, sports, education, research, social welfare, religion, or environmental protection.
  • Profits must be applied solely to promote these objects; no dividend can be paid to members.
  • The company must apply its income towards its objects and not distribute it as profit.

Timeline for Section 8 Company Registration India

The timeline for Section 8 Company Registration India depends on the ROC's processing speed. The process involves name approval (usually 2-3 working days), license application (7-15 working days), and incorporation (5-7 working days). However, no specific timeline can be guaranteed as it varies by case.


Fees for Section 8 Company Registration India

The government fees for Section 8 Company Registration India are prescribed by the MCA. Below is the fee structure based on authorized share capital:

Authorized Share CapitalGovernment Fee (INR)
Up to ₹1,00,000₹500
₹1,00,001 to ₹5,00,000₹2,000
₹5,00,001 to ₹10,00,000₹4,000
Above ₹10,00,000₹5,000 + ₹1,000 per ₹1,00,000 increase

Note: Additional fees apply for Form INC-12 (₹500) and other filings. Professional fees for drafting and compliance are separate.

Frequently Asked Questions

What is Section 8 Company Registration India?

Section 8 Company Registration India is the process of incorporating a non-profit organization under Section 8 of the Companies Act, 2013. It provides limited liability and tax benefits, making it ideal for NGOs.

Who can apply for Section 8 Company Registration India?

Any group of individuals (minimum 2 directors and 2 members for private company) with a charitable objective can apply. The company must not intend to distribute profits to members.

What documents are needed for Section 8 Company Registration India?

Documents include PAN card, Aadhaar, address proof of directors, registered office proof, MOA, AOA, and declarations. Digital signatures are also required.

How long does Section 8 Company Registration India take?

The process typically takes 15-30 working days, but the exact timeline depends on ROC processing and document accuracy.

What is the fee for Section 8 Company Registration India?

Government fees start from ₹500 for authorized capital up to ₹1 lakh. Additional fees apply for higher capital and forms. Professional charges are extra.

Can a Section 8 company convert to a for-profit company?

No, a Section 8 company cannot convert to a for-profit company. It must maintain its charitable status. If it ceases to meet conditions, the ROC may revoke its license.