Subrudhi Logo

Section 8 Company Registration

Delays in registering your Indian Section 8 Company? Our experts ensure a fast, hassle-free setup.Over 200 Section 8 Companies registered since 2019.

What's Included?

Name Approval from MCA
MoA & AoA Drafting (Section 8 Company)
DSC & DIN for Directors
MCA Filing & Incorporation Certificate
Register Your Section 8 Company in 4 Days + Free 1:1 Expert Consultation
Schedule a call
Google Reviews
4.8 ★★★★★
★★★★★
Trustpilot
5000+

Happy Clients

30+

Expert Advisors

4+

Branch Offices

Consultation Icon

Free Consultation by Expert

Get Update on Whatsapp

SECTION 8 COMPANY – Overview

India has a rich legacy of community service and charitable activities. From ancient times, the spirit of selfless service has been embedded in Indian society through religious institutions, village councils, and community-driven initiatives. After independence, Mahatma Gandhi emphasized the importance of voluntary service in nation-building and even suggested transforming the Indian National Congress into a public service organization. Though that proposal was not implemented, it inspired many of his followers to establish voluntary organizations dedicated to education, health, social equality, and rural development.

Over the decades, these organizations evolved into what we commonly refer to today as Non-Governmental Organizations (NGOs). With increasing government recognition and support, NGOs began addressing critical social issues such as poverty eradication, women’s empowerment, rural upliftment, literacy, health care, environmental conservation, and human rights.

In this ecosystem, Section 8 Companies emerged as one of the most credible and structured forms of non-profit entities. Governed by the Companies Act, 2013, they combine the credibility of corporate governance with the altruism of charitable work. Section 8 Companies are widely recognized not only in India but also by international donors, governments, and institutions, making them a preferred vehicle for large-scale social impact.

Role of NGOs in Development

  • Filling Gaps in Government Services: Reaching marginalized groups and remote areas.
  • Advocacy and Awareness: Educating communities on rights, health, environment, and policies.
  • Innovation: Piloting models in education, health, and microfinance that governments later adopt.
Section 8 Company in India
Section 8 Company
Why Register a Section 8 Company?

A Section 8 Company is a not-for-profit organization formed under the Companies Act, 2013, with the objective of promoting charitable causes such as education, health, environment, arts, social welfare, and other areas of public benefit.

This structure offers a credible and professional legal identity, along with limited liability and tax benefits. It is ideal for NGOs, foundations, and nonprofit initiatives seeking transparency and accountability.

Registering a Section 8 Company enhances trust among donors, government bodies, and international organizations. It allows access to funding, grants, tax exemptions (like 12A/80G), and CSR support, enabling sustainable impact at scale.

Advantages of a Section 8 Company

A Section 8 Company is one of the most trusted forms of nonprofit organizations in India. It offers a legal structure for those aiming to work toward charitable objectives like education, healthcare, social welfare, environment, and more — all while enjoying the credibility and governance standards of a registered company under the Companies Act, 2013.

Advantages of Producer Company
High Credibility

High Credibility

Governed by the MCA, Section 8 Companies enjoy strong legal standing and recognition across India.

Limited Liability

Limited Liability

Directors and members are protected from personal liability for the company's obligations.

Tax Benefits

Tax Benefits

Eligible for tax exemptions under Sections 12AA and 80G of the Income Tax Act.

Perpetual Succession

Perpetual Succession

The company continues to exist irrespective of changes in membership or directors.

No Minimum Capital

No Minimum Capital

No prescribed minimum capital requirement to incorporate a Section 8 Company.

Nationwide Operations

Nationwide Operations

Unlike Trusts and Societies, Section 8 Companies can operate across all Indian states without restrictions.

Donor Confidence

Donor Confidence

Corporate governance, mandatory compliance, and transparency build trust among donors and funding agencies.

Eligibility Criteria for Forming a Section 8 Company

As per the Companies Act, 2013, the following criteria define eligibility for forming a Section 8 Company in India:

Section 8 Companies are structured, transparent, and mission-driven organizations established to promote charitable objectives such as commerce, art, science, education, social welfare, and environmental protection.

  • Must be formed with the objective of promoting commerce, art, science, sports, education, research, social welfare, environment, or similar charitable activities
  • No profit motive — surplus income must be reinvested in furthering the company’s objectives
  • Minimum of 2 members for private and 7 members for public Section 8 Companies
  • Must comply with the Companies Act, 2013 during registration and operation
  • Required to maintain transparent governance through MOA & AOA and annual ROC filings
  • Eligible to operate anywhere in India with a central registration under the Ministry of Corporate Affairs (MCA)

Types of Activities a Section 8 Company Can Undertake

Section 8 Companies may engage in a wide range of charitable and social welfare activities that contribute to community development, empowerment, and public utility.

  • Social Welfare and Empowerment:
    • Skill-building, cooperatives, women-led initiatives, and community empowerment projects.
  • Education and Health:
    • Running schools, health camps, awareness programs, and related charitable efforts.
  • Environment and Sustainability:
    • Projects focusing on environmental protection, sustainability, and rural transformation.
  • Research and Innovation:
    • Piloting innovative models in microfinance, education, health, and social development.
  • Collaboration and Advocacy:
    • Partnering with government, corporates (CSR), and international donors to maximize impact.

Requirements for Forming a Section 8 Company

The process of incorporating a Section 8 Company involves regulatory and documentation requirements under the Companies Act, 2013, aimed at ensuring transparency, accountability, and compliance with charitable objectives.

  • Governing Documents: Memorandum of Association (MOA) and Articles of Association (AOA) specifying charitable objectives
  • Minimum Members: 2 members (private) or 7 members (public)
  • Registration Authority: Ministry of Corporate Affairs (MCA) through SPICe+ form
  • License Requirement: Obtain a license from the Registrar of Companies (ROC) under Section 8 of the Companies Act
  • Non-Profit Condition: No distribution of profits to members; all surplus must be used to promote the objectives
  • Compliance: Annual filings with MCA, adherence to FCRA (if foreign funding received), FEMA, and Income Tax provisions (Sections 12AA, 80G)
  • Separate Legal Entity: Enjoys limited liability and perpetual succession
  • Tax Benefits: Eligible for tax exemptions under the Income Tax Act
Section 8 Company Documents Illustration

Documents Required for Registering a Section 8 Company

To incorporate a Section 8 Company in India, the following documents are required from each director and for the company's registered office:

  • PAN Card of all directors (Mandatory)
  • Aadhaar Card of all directors (Mandatory)
  • Identity Proof: Passport, Driving License, or Voter ID (any one)
  • Address Proof: Recent Bank Statement, Electricity Bill, Telephone Bill, or Gas Bill (not older than 2 months)
  • Passport-size Photograph of each director
  • Mobile Number & Email ID of each director
  • Proposed Company Names: At least three name options for MCA approval
  • Details of Capital: Authorized and Paid-up Capital
  • Registered Office Documents:
    • Rental or Lease Agreement (if premises are rented)
    • Latest Utility Bill (Electricity / Telephone / Gas)
    • No-Objection Certificate (NOC) from the landlord

Process for Incorporation of a Section 8 Company

Registering a Section 8 Company in India involves specific legal procedures under the Companies Act, 2013. Below is a step-by-step guide to help you understand the process:

  • Obtain DSC & DIN: Get Digital Signature Certificates (DSC) and Director Identification Numbers (DIN) for all proposed directors.
  • Name Approval: Apply for name reservation using the RUN or SPICe+ form on the MCA portal.
  • Draft MOA & AOA: Prepare the Memorandum and Articles of Association with clearly stated charitable or non-profit objectives.
  • File SPICe+ Form: File the SPICe+ (INC-32) form with the MCA along with MOA (INC-33), AOA (INC-34), AGILE-PRO, and other required documents.
  • Apply for License: Submit Form INC-12 to obtain the license under Section 8. MCA will issue the license in Form INC-16 or INC-17 after review.
  • Apply for PAN & TAN: This is done automatically during incorporation via the SPICe+ form.
  • Certificate of Incorporation: Once all documents are approved, MCA issues the Certificate of Incorporation with the Section 8 license.
  • Commence Operations: Open a bank account, obtain any necessary tax registrations, and begin operating as a nonprofit company.
Frequently Asked Questions (FAQs)

Common questions about Section 8 Companies in India.

No. A Section 8 Company must utilize all income and profits solely for promoting its objectives. Distribution of profits to members is strictly prohibited.
Yes. Section 8 Companies can receive foreign donations, but only after registration under the Foreign Contribution (Regulation) Act (FCRA), 2010.
A minimum of 2 members are required for a private limited Section 8 Company and 7 members for a public limited Section 8 Company.
Yes. Section 8 Companies can apply for exemptions under Section 12AA and Section 80G of the Income Tax Act for income and donations respectively.
Yes. A Section 8 Company can be converted into another type of company, but it requires approval from the Regional Director and compliance with specific MCA guidelines.
Yes. Reasonable remuneration can be paid to employees and directors, as long as it supports and does not contradict the company's non-profit objectives.

Ready to Register Your Section 8 Company?

Let Subrudhi help you set up a legally compliant, tax-exempt Section 8 Company with ease and clarity.