Non Profit Organizations are incorporated under Section 8 of the Companies Act, 2013. A Non Profit Organization is incorporated with an objective of promoting arts, education, charity, protection of environment, research, social welfare, religion, etc and intends to utilize its surplus/ profits (if any) for promoting these objectives.
In case, a Section 8 Company fails to comply with the provisions and rules prescribed under the Companies Act, 2013 Also, strict legal action will be taken against all the members of the company. However, it is to be noted that a Section 8 company is prohibited to pay dividend to its members. To incorporate a Section 8 Company, the legal requirement is to have minimum of two directors also, there is no requirement of minimum paid-up capital.
A Non Profit Organization should be registered under the provisions of Section 8 of the Companies Act, 2013 and the rules made thereunder.
Cost of Digital Signature, Government Fees and Stamp Duty, if any, is payable by the client in addition to the Professional Fee being charged by indian MSME Helpline.
Step by step procedure to incorporate a Section 8 Company
- Step1: Apply for Digital Signtures (DSC)
- For name approval, fill in details in part A, to be followed by Spice+ part B form upon receipt of name approval letter.
- The name of a Section 8 Company must end with the words like Foundation, forum, association, federation, chambers, council, electoral trust. Etc.
- Step 2: Along with Form Spice+, also fill the Form INC-9 and Form Agile.
- License No. shall be given to section 8 company during the incorporation.
- Step 3: Once all forms are complete with all the attachments, prescrutinise the form and Submit.
- Step 4 : Digitally sign all the forms and make payment of challans thereafter.
Yes, a Section 8 Company can be converted into any other company including OPC, subject to restrictions and compliances as per other applicable laws including Income tax Act, 1961.
A Company, whether Private Limited, LLP or Public Limited, who work towards the objective of social welfare, without any intention to get any kind of profit or dividend can function as a Section 8 company.
An individual or group of individuals can apply for Section 8 Company Registration if it holds the intentions of non profit organisations. The objectives have to be confirmed to the satisfaction of the Central Government.
- Declaration under form INC 15, from all the directors
- Estimated Income and Expenditure for the next 3 years in the Prescribed Format.
- Articles of Association
- Director Identification Number
- Members’ Id Proof such as Aadhar Card, Passport, Voter Id
- Passport Size Photographs
- Address Evidence
- Details of Director (When the Members Are Other Companies/LLPs)
- Memorandum of Association
- Digital Signature Certificate
- Declaration under Form INC 14 by the Chartered Accountant