File Your Income Tax Return Before 31st July 2024.
What is Section 8 Company?
A Company is referred to as Section 8 Company when it is registered as a Non-Profit Organization (NPO) i.e. when it has motive of promoting arts, commerce, education, charity, protection of environment, sports, science, research, social welfare, religion and intends to use its profits (if any) or other income for promoting its objectives.
The income of NPO cannot be used for paying out dividends to the company’s members and has to be for the promotion of charitable objectives.
According to the prescribed rules and regulations, failure to comply with the responsibilities stated by the Central Government may lead to the winding up of the Company on the orders of the Government. Apart from that, strict legal action will be taken against all the members of the company if the objectives mentioned in the AOA of the Company proves to be misleading.
Eligibility criteria to apply for Section 8 Company
An individual or association of individuals are eligible to be registered as Section 8 Company if it satisfies all the following objectives. The objectives have to be confirmed to the satisfaction of the Central Government.
- When the Company aspire to promote science, commerce, education, art, sports, research, religion, charity, social welfare, protection of the environment or alike other objectives;
- When the Company carry an intention to invest all the profits (if any) or any other income generated after incorporation in the promotion of such objects only;
- When the Company intends to prohibit the payment of any dividend to its members
Forms required to be filed for Incorporation of Section 8 Company
Section 8 Company is to be incorporated under Companies Act, 2013 and shall fulfill all the Compliances mentioned in the Companies Act, 2013. Following forms are mentioned below:-
- Spice Part A
- Spice Part B
- Agile pro
- Form no. INC-9
Attachments to be made at the time of Filing Forms with MCA for Incorporation of Section 8 Company
- Form INC-13 (MOA as per Companies Act, 2013)
- Form INC-14 (Declaration by Chartered Accountant)
- Form INC-15 (Declaration by all the Directors)
- Director’s Consent
- Declaration related to assets and liabilities
- Subscriber Sheet
- Description of Promoters and Directors
- Interest in other entities
- Utility Bill of the premises not older than 2 months
- NOC from the owner to use the premises
- Estimated Income & Expenditure for the next 3 years in the prescribed format
- Grounds of Application
- AOA as per Companies Act, 2013
- A statement giving the brief description of the work already done
- Notarized rent agreement of the registered office
Documents required for the registration of Section 8 Company
- Director Identification Number
- Details of Director (when the Members are other Companies/LLP)
- Digital Signature Certificate
- Passport Size Photographs
- Member’s Id Proof such as Aadhar Card, Passport, Voter Id
- Address Evidence
Benefits of Section 8 Company
There are various advantages to be registered under Section 8 Company of Companies Act, 2013:-
- Tax Exemption : Numerous tax exemptions are provided to section 8 companies, specifically to the donors who are contributing to Section 8 Companies, they can claim the Tax exemption against the donation they made to a Section 8 Company.
- No minimum capital requirement : There is no prescribed limit for the minimum capital requirement unlike other entities such as public limited, but the capital structure can be altered at any stage as required for the growth of the Company.
- No Stamp duty payable : A section 8 company is exempted for the payment of stamp duty applicable for registration.
- Separate Legal entity : A section 8 company has its own identity and has its own separate legal existence from its members. It has a perpetual existence.
- No title required : A section 8 company does not require to use a suffix next to its same.
Quorum for Board Meetings of Section 8 Companies:
As per sec 174(1) of Companies Act, 2013 quorum for board meetings of section 8 companies is eight directors or 25% of its total strength, whichever is lower. However, the quorum shall not be less than two members.
Annual Compliances of Section 8 Companies
For your reference Annual filing of section – 8 company
