Section 8 Company Registration

• Minimum two Directors and two Members are required for incorporating a Section 8 Company.
  The same individuals can act as both Directors and Members.

• Class III Digital Signature Certificates (DSC) are required for all proposed Directors.

• DIN (Director Identification Number) must be obtained for all Directors.
  If a Director already has DIN, ensure it is active, not disqualified, and eKYC (DIR-3 KYC) is completed.

• The name of the Section 8 Company must be unique and should not resemble an existing Company Name or a registered Trademark.
  Additionally, the name should reflect the company’s objective (e.g., Foundation, Association, Forum, Council, Federation, etc.).

• A Declaration of Non-Profit Objectives must be filed, confirming that the company will operate for charitable or social purposes and not distribute profits to its members.

• After incorporation, the Section 8 Company must file Commencement of Business (Form INC-20A) before starting operations.

   A. Documents for Directors / Members

• PAN Card (Mandatory)

• Aadhaar Card (Mandatory)

• Passport size photograph

• Any one address proof:

  • Mobile bill

  • Landline bill

  • Bank statement

  • Electricity bill

• Any one identity proof:

  • Passport

  • Driving License

  • Voter ID
    (PAN is not accepted as identity proof)

    
    B. Documents for Registered Office Address

• NOC from the property owner

• Electricity / Gas / Water / Telephone Bill (not older than 2 months)

• Rent agreement (if office is on rent)

  
  Additional Documents Required for Section 8 License

• Memorandum of Association (MOA)

• Articles of Association (AOA)

• Declaration by the first directors & subscribers

• Proof of office address

• Certificate of Incorporation of any foreign company (if applicable)

• Resolution by promoter company (if applicable)

• Consent of Nominee (INC-3)

• Identity & residential proof of nominees and subscribers

• Digital Signature Certificate (DSC)

• Declaration for unregistered companies

You can easily register your Section 8 Company with the help of Ofin Legal.
The process is simple and consists of the following steps:

You can easily register your Section 8 Company with the help of Ofin Legal.
The process is simple and consists of the following steps:

Step 1 – Application Initiation

Once we receive your request for Section 8 Company registration, we connect with you and collect all required documents and details.

Step 2 – Name Reservation & DSC

We apply for Name Approval with the Ministry of Corporate Affairs (MCA) and simultaneously generate the Class III Digital Signature Certificates.

Step 3 – License Application (INC-12)

After name approval, we file the application for Section 8 License along with MOA, AOA & necessary declarations.
MCA usually takes 3–7 working days to process the license.

Step 4 – Final Registration

After the license is issued, we submit the Incorporation Application to MCA.
Once approved, you receive:

 Certificate of Incorporation (COI)

Your NGO / Non-Profit becomes officially registered.

Seprate Legal Entity

A Section 8 Company is treated as a separate legal entity. It can own property, enter into contracts, and operate independently of its members. The members are not personally liable for the company’s debts.

 Limited Liability

The liability of members is restricted to the amount they contribute. Their personal assets remain fully protected, even if the company faces financial issues.

Exemption & Benefits

Section 8 Companies receive multiple exemptions under the Companies Act, 2013. They also get tax benefits under various sections when eligible, making them financially efficient for NGOs and non-profits.

High Credibility & Trust

Since Section 8 Companies are governed strictly by the MCA and must use their profits only for charitable objectives, they have high public trust. This credibility helps in getting donations and grants.

 No Minimum Capital Requirement

There is no minimum capital requirement to register a Section 8 Company. The company can start with any amount of capital depending on the needs of the project.

 Perpetual Succession

The company continues to exist even if the members or directors change, resign, or pass away. Its operations are not affected by individual departures.

 Easy Transfer of Ownership

The ownership or management of a Section 8 Company can be easily transferred by changing directors or members without affecting the organization’s activities.

 Eligible for Government Grants & Donations

Section 8 Companies are preferred by donors, CSR funding agencies, and government bodies. They are eligible to receive grants, subsidies, and contributions from various institutions.

 Tax Exemptions (Upon Registration)

After obtaining 12A and 80G registrations, donors can claim tax exemptions on the funds they contribute, encouraging more donations.

 Better Compliance Structure

Section 8 Companies follow a structured compliance system, which helps maintain transparency, accountability, and long-term sustainability.