Section 8 Company Registration in Jaipur
A Section 8 company is a not-for-profit company formed under the Companies Act, 2013 to promote charity, education, art, science, sports, social welfare or similar objects. Profits are applied only to these objects and no dividend is paid to members.
Who should choose a Section 8 company
Founders setting up an NGO, foundation, skill-development initiative or CSR implementation partner often prefer a Section 8 company over a trust or society. It offers a corporate structure, limited liability and closer regulatory oversight, which donors and CSR funders tend to look for. There is no minimum paid-up capital, and the name does not need to end with “Limited”.
Registration process
- Objects and name – defining the charitable objects and choosing a name, often ending in Foundation, Association, Council or Federation.
- DSC for directors – digital signature certificates for the proposed directors and subscribers.
- MoA, AoA and projections – constitution documents and estimated income and expenditure for the next three years.
- Declarations – INC-14 by a practising professional and INC-15 by each subscriber.
- SPICe+ filing – a single application to the MCA for the Section 8 licence and incorporation.
- Certificate, PAN and TAN – issued together once the Registrar approves the application.
Documents required
- PAN, Aadhaar, photograph, address proof, email and mobile number of each director and subscriber
- Proof of the registered office (rent agreement or ownership proof, utility bill, and no-objection letter from the owner)
- Details of the proposed activities and how they will be funded
Section 8 company, trust or society
| Point | Section 8 company | Trust | Society |
|---|---|---|---|
| Law | Companies Act, 2013 | Rajasthan Public Trusts Act, 1959 | Rajasthan Societies Registration Act, 1958 |
| Registered with | Registrar of Companies (MCA) | Devasthan Department | Registrar of Societies |
| Liability | Limited | Trustees can be personally liable | Less clearly defined |
| Change in management | Board resolution and MCA filing | As per trust deed | As per bye-laws |
After incorporation
Open a bank account, apply for income-tax exemption and donor-deduction registration (12A and 80G), register on NGO Darpan for government grants, and file CSR-1 if you plan to receive CSR funds. Each year the company holds board meetings, has its accounts audited and files AOC-4, MGT-7 and its income tax return. See NGO and trust audit.
Frequently asked questions
Can a Section 8 company pay its directors?
Directors can be paid reasonable remuneration for services actually rendered, within the Act and the articles. Profits cannot be distributed to members.
Is a minimum capital required?
No minimum paid-up capital is prescribed. Capital is fixed according to the expected activities.
How long does registration take?
Usually 15 to 20 working days once documents are ready, subject to processing at the Ministry of Corporate Affairs.
This page gives general information about Agar & Co. and its services. It is not an advertisement or solicitation, and it should not be treated as professional advice. Rates, thresholds and due dates change from time to time.