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Section 8 Company Registration | Non-Profit Company | Beyonte Compliance
Business Services ยท Non-Profit & Social Sector

Section 8 Company Registration

Register a Section 8 Company (non-profit) for charitable, educational, scientific or social welfare purposes โ€” INC-12 licence from the Regional Director, MOA and AOA drafting, 12A and 80G registration.

  • ๐Ÿ›๏ธ Section 8 Company
  • ๐Ÿ“„ INC-12 Licence
  • ๐Ÿข Non-Profit
  • โœ… 12A & 80G
  • ๐Ÿ“ฌ FCRA Eligible
๐Ÿ›๏ธ

Register your Section 8 Company

Share your objects and promoter details. We handle INC-12, incorporation, 12A and 80G โ€” end to end.

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What We Handle

A complete section 8 company registration package

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Objects and Promoter Planning

Identification of charitable/social objects, promoters, initial directors and capital structure.

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INC-12 Licence Application

Application for Section 8 licence filed with Regional Director โ€” objects, financials and declaration.

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MOA & AOA Drafting

MOA with non-profit objects, AOA with no-dividend and member withdrawal restrictions โ€” compliant with Section 8.

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First Directors & Members

Minimum 2 directors (3 for public Section 8) โ€” DIN, DSC and DIR-2 consent obtained.

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INC-7 Incorporation

After licence, company incorporated via INC-7 โ€” Certificate of Incorporation received from ROC.

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12A & 80G Registration

12A (income tax exemption) and 80G (donor tax benefit) applied for after incorporation โ€” FCRA guidance provided.

Key Requirements

What is needed for section 8 company registration

Charitable Objects Only

Section 8 licence is granted only for objects that are exclusively charitable, social, scientific, educational or artistic.

INC-12 to Regional Director

Licence must be obtained from the Regional Director before incorporation โ€” ROC cannot process without it.

No Dividend or Profit Distribution

Section 8 companies cannot distribute profits, dividends or bonus to members at any point.

Minimum 2 Directors

At least 2 directors required for a private Section 8 company โ€” 3 for a public Section 8 company.

Annual Return and Financials

Section 8 companies must file MGT-7 and AOC-4 with ROC annually โ€” same as other companies.

FCRA for Foreign Donations

Section 8 companies wishing to receive foreign donations must separately obtain FCRA registration.

ℹ️

Section 8 companies enjoy significant advantages โ€” lower stamp duty, lower ROC fees, income tax exemption under 12A and donor tax benefit under 80G. They also enjoy relaxed compliance (2 board meetings instead of 4, no mandatory secretarial audit for smaller companies). We help you structure the company to maximise these benefits.

Common Pitfalls

Common issues with section 8 company registration

Objects include commercial activityLicence rejected if any commercial or profit-generating object is included โ€” objects must be purely non-profit.
INC-12 not filed firstIncorporation attempted without Section 8 licence โ€” ROC rejects the filing.
12A and 80G not appliedCompany operates without tax exemption โ€” income taxable, donors receive no benefit.
FCRA not obtained before foreign fundsForeign donation received without FCRA โ€” criminal liability under FCRA 2010.
Members receiving salaryMembers / promoters paying themselves salaries without KMP appointment โ€” licence revocation risk.
AGM and ROC filings missedAnnual General Meeting not held or ROC filings missed โ€” same penalty provisions as other companies apply.
How It Works

Simple steps, no surprises

1

Objects and promoters finalised

Charitable objects, promoters, directors and initial capital determined.

2

INC-12 filed and licence received

Section 8 licence application filed with Regional Director โ€” licence granted.

3

Company incorporated

INC-7 filed after licence โ€” Certificate of Incorporation received โ€” bank account opened.

4

12A, 80G and FCRA

12A and 80G applied with Income Tax Department โ€” FCRA registration initiated if foreign donations expected.

FAQ

Frequently asked questions

A Section 8 Company is a non-profit company incorporated under Section 8 of the Companies Act 2013 for promoting commerce, art, science, education, religion, charity, environment protection or other social welfare objectives. It cannot distribute profits or dividends to its members.

A Section 8 company has stronger legal standing, better governance and greater credibility with institutional donors, CSR providers and foreign funders. It is easier to open bank accounts, obtain 12A/80G and FCRA registration. It also benefits from lower MCA registration fees and stamp duty.

INC-12 is the application for a licence to incorporate a Section 8 company โ€” filed with the Regional Director. It includes the proposed MOA and AOA, projected income-expenditure for 3 years and a declaration from the promoters that they will apply all profits towards the charitable objects.

12A registration with the Income Tax Department gives the Section 8 company exemption from income tax on its income and surplus โ€” as long as the surplus is applied towards the charitable objects. Without 12A, the company pays income tax like any other company.

80G registration allows donors to the Section 8 company to claim a deduction on their taxable income for the amount donated โ€” typically 50% of the donated amount. This makes the company more attractive for fundraising from individuals and corporates.

Ready to register a Section 8 Company?

We handle INC-12, incorporation, 12A, 80G and FCRA โ€” complete non-profit setup from scratch.