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Section 8 Company Registration for non-profits

Section 8 company registration in India creates a licensed non-profit company for charity, education, research, social welfare, sports, the environment and similar objects. Profits go back into the objects and no dividend is paid. We review your objects, prepare the documents and file the application, and explain what the 12A, 80G and FCRA registrations add afterwards.

What a Section 8 company is

A Section 8 company is a company formed to promote objects such as commerce, art, science, sports, education, research, social welfare, religion, charity or the protection of the environment. It is a company in every other respect: a separate legal person with perpetual succession and a Certificate of Incorporation from the Registrar.

What you need to form a Section 8 company

Non-profit objects: The objects must be charitable or similar, such as education, research, social welfare, sports or the environment. A company set up to distribute profit cannot be a Section 8 company.

  • Non-profit objects
  • Private Section 8: 2 directors and 2 members
  • Public Section 8: 3 directors and 7 members
  • A licence
  • No dividends
  • Foreign directors allowed

Section 8 company, trust or society

The three forms most non-profits choose between. The right one depends on who regulates you, how much compliance you want and what your donors expect.

  • Section 8 company
  • Trust
  • Society

What comes after incorporation: 12A, 80G and FCRA

None of these is part of the Section 8 registration. Each is a separate application.

  • 12A registration
  • 80G registration
  • FCRA registration

What the government charges, and what drives it

We do not print a single figure here because the amounts depend on your authorised capital and your state, and the filing route has changed over time. We confirm each charge before we file.

  • Name reservation (SPICe+ Part A): MCA
  • Licence application and incorporation filing fee: MCA
  • Stamp duty on the MOA and AOA: State government
  • PAN and TAN: Income Tax Department through MCA
  • Digital Signature Certificate: Certifying authority

Documents required

A Section 8 application carries more than an ordinary company filing. Choose the group that matches.

  • PAN card
  • Identity proof
  • Address proof
  • Passport-size photograph, email and mobile number
  • Digital Signature Certificate and consent to act as director

How it works step by step

The sequence we follow, with where StampMitra helps.

Timeline, validity and ongoing filings

The Registrar does not commit to an approval time, and a Section 8 application is examined more closely than an ordinary one, so we do not quote a number of days.

  • Reserved name: 20 days
  • First auditor: Within 30 days of incorporation
  • Annual company filings: Every year
  • Director KYC (DIR-3 KYC): Every third financial year, by 30 June
  • Income-tax return and 12A and 80G renewals: Every year, and on the cycle the Income Tax Department sets
  • Validity: Perpetual while the licence conditions are met

What we check before we file

These are the usual causes of a returned or delayed application, based on common filing practice rather than an official MCA list.

  • The objects are non-profit and specific, with no profit-making or vague objects
  • The declarations by the professional and by the subscribers and first directors are complete
  • The three-year income and expenditure estimate is included and shows the sources of income
  • The proposed name is not too similar to an existing entity and suits a non-profit
  • The documents are signed in the form the current route requires
  • The address proof is dated within 2 months and rented premises have an owner's no-objection letter

What StampMitra does for you

StampMitra is a filing assistance platform. We are not the government and not a law firm.

  • Review of objects and income plan
  • Name check and application
  • Digital Signature Certificates
  • MOA and AOA with the licence application
  • Incorporation filing
  • Certificate and licence delivery

How it works

  1. Review the objects and income plan Check that the objects are non-profit and prepare the three-year estimate of income and expenditure.
  2. Get Digital Signature Certificates Directors obtain DSCs to sign on the MCA portal.
  3. Reserve the company name Propose names in SPICe+ Part A for the Registrar's approval.
  4. Draft the MOA and AOA for a non-profit Prepare charter documents with non-profit objects and the no-dividend rule.
  5. File the application File the licence and incorporation application on the MCA portal with the declarations and income estimate.
  6. Receive the licence and certificate The Registrar issues the licence and the Certificate of Incorporation with the CIN.
  7. Apply for 12A and 80G Apply separately on the Income Tax portal after incorporation.

Frequently asked questions

Can a Section 8 company earn a profit?

Yes, it can earn a surplus, but it must apply all income and profit to its objects. It cannot pay a dividend to its members.

How many directors and members do we need?

A private Section 8 company needs at least 2 directors and 2 members. A public Section 8 company needs at least 3 directors and 7 members.

Is a licence required?

Yes. A Section 8 company needs a licence under section 8. A new company applies for it inside the SPICe+ incorporation form, and a company already registered converts with Form INC-12. We confirm the current route when we begin.

Does a Section 8 company get 12A and 80G automatically?

No. 12A and 80G are separate applications to the Income Tax Department, made after the company is incorporated.

Does it get FCRA registration automatically?

No. To receive foreign contributions you need a separate FCRA registration with the Ministry of Home Affairs.

Can foreigners be directors?

Yes, subject to the Companies Act requirement of a resident director and to FCRA restrictions on foreign contributions.

Is an audit required?

Yes. A Section 8 company is audited every year and files its financial statements and annual return with the Registrar.

How long does registration take?

There is no official figure, and a Section 8 application takes longer than an ordinary company because it carries a licence. We do not quote a number of days.

Should we choose a Section 8 company or a trust?

It depends on who you want to be regulated by, how much compliance you can handle and what your donors expect. A trust or society is usually cheaper and simpler to set up and is registered at state level. A Section 8 company is a company with annual company filings.

Can a one person company become a Section 8 company?

No. A one person company cannot be converted into a Section 8 company.