Section 8 Company Registration in India – Start Your NGO with N D Savla & AssociatesIf you’re looking to start a non-profit organization in India, a Section 8 Company is the most credible and structured way to go. Governed by the Companies Act, 2013, this entity structure allows you to legally run charitable, social, or welfare-oriented initiatives. At N D Savla & Associates, we provide end-to-end Section 8 Company registration services in India. Our expert legal team ensures a smooth, compliant, and quick incorporation process—allowing you to focus on your mission while we handle all the legal formalities. What is a Section 8 Company?A Section 8 Company, as defined under the Companies Act, 2013, is a non-profit entity formed to promote arts, science, education, sports, environment, social welfare, and other charitable purposes. Unlike other company types, profits cannot be distributed to members; they must be reinvested for the company’s objectives. Section 8 Companies are equivalent to the old Section 25 Companies under the Companies Act, 1956, and offer a structured approach for individuals and organizations committed to creating social impact. Key Highlights of Section 8 Company Registration in IndiaNo profit distribution – Profits must be used for charitable purposes only No minimum capital required for incorporation Requires minimum 2 Directors and 2 Shareholders Separate legal identity from its members Governed by strict legal compliance under MCA Eligible for tax exemptions under 12AA and 80G
Benefits of Incorporating a Section 8 CompanyTax Exemptions (12AA & 80G)Section 8 companies can apply for 12AA registration (exempting their income from tax) and 80G registration, allowing donors to claim tax deductions—encouraging more donations. No Minimum Capital RequirementStart with any capital. There’s no minimum paid-up capital requirement, giving founders financial flexibility. Separate Legal EntityA Section 8 Company can own property, sign contracts, and sue or be sued—independent from its founders. Perpetual SuccessionThe company continues to exist regardless of changes in members or directors. Increased CredibilityCompared to Trusts or Societies, a Section 8 Company enjoys greater credibility and donor confidence, thanks to MCA oversight and compliance. No Title ConstraintYou’re not required to use the words “Section 8” in your name. You can choose a meaningful name aligned with your mission. Who Can Register a Section 8 Company in India?Indian Citizens Hindu Undivided Families (HUFs) NRIs and Foreign Nationals (with valid documentation) Existing companies aiming to support social, educational, or environmental goals
At least 2 directors (for Private Ltd) or 3 directors (for Public Ltd) are required. Legal Requirements for Section 8 Company Registration| Requirement | Description |
|---|
| Directors | Minimum 2 (Private Ltd) or 3 (Public Ltd) | | Members | Minimum 2 (no upper limit for Public Ltd) | | Capital | No minimum capital requirement | | Objective | Must be charitable or for social good | | Company Name | No requirement to use “Ltd” or “Pvt Ltd” |
Documents Required for Section 8 Company RegistrationFor Directors & Subscribers (Indian Nationals):For Foreign Nationals:Entity-Related Documents:MOA and AOA Consent of nominee (INC-3) Declaration of unregistered companies Proof of registered office address Board resolution (if corporate subscriber)
Section 8 Company Incorporation Process with N D Savla & AssociatesStep 1: Get Digital Signature Certificate (DSC)All proposed directors must obtain a DSC to sign documents digitally. - Form Used: DSC Application
Step 2: Apply for Director Identification Number (DIN)DIN is required for all directors of the company. Step 3: Reserve Company NameSubmit name preferences for approval through SPICe+ Part A. The name should reflect your nonprofit’s goals and must be unique. - Form Used: SPICe+ (Part A)
Step 4: Draft and Submit Incorporation FormsFile SPICe+ Part B, MOA, AOA, and other incorporation documents. - Forms Used: INC-32 (SPICe+), MOA, AOA
Step 5: Apply for Section 8 LicenseFile Form INC-12 along with detailed documentation of objectives to obtain the license from the Regional Director (MCA). Step 6: Receive Certificate of IncorporationOnce approved, you’ll receive the Certificate of Incorporation (COI) with CIN, PAN, and TAN. Donations & Funding – How Can a Section 8 Company Raise Funds?A Section 8 Company cannot raise funds through equity or deposits, but can accept: Note: FCRA approval is mandatory for foreign contributions. Can apply after 3 years or seek prior permission. 12A and 80G Registration for Section 8 Companies Obtaining Section 12A registration exempts your income from tax, while 80G registration lets donors claim tax deductions on their donations. Important: 80G is valid until March 2025 and must be renewed annually to maintain tax benefits for donors. Let N D Savla & Associates help you navigate the registration process to unlock these valuable tax advantages. How Long Does It Take to Register a Section 8 Company?Typically, the registration process takes 15–25 working days, depending on MCA processing times, document accuracy, and licensing approval. At N D Savla & Associates, we fast-track the entire procedure with minimal delays, ensuring you can launch your mission-driven organization quickly. Post-Incorporation Compliance for Section 8 CompaniesAfter successful registration, the company must: Appoint an Auditor Maintain statutory registers File annual returns and financials with ROC Comply with GST, Income Tax, and CSR laws Renew 80G and 12AA as per due dates
Our compliance experts at N D Savla & Associates provide ongoing legal and financial support to ensure your nonprofit always stays compliant. Why Choose N D Savla & Associates for Section 8 Company Registration?At NDS Advisore, we go beyond paperwork—we become your strategic compliance and formation partner. Whether you’re an entrepreneur, philanthropist, or NGO founder, our legal experts ensure that your nonprofit organization is set up legally, tax-efficiently, and stress-free. Our Services Include: |