Section 8 Company (NGO) Registration Procedure

In India NGO can be registered as Section 8 company under Companies Act, 2013 , Trust by executing a trust deed or as Society. Section 8 company is regulated by Ministry of Corporate Affairs  under the provisions of Companies Act, 2013

Meaning of Section 8 Company :

Where the Central Government is satisfied by licence issued in this behalf that a person or association of persons proposed to register a company as limited company

(a) has in its objects the promotion of commerce, art, science, sports, education,research, social welfare, religion, charity, protection of environment or any such other object;

(b) intends to apply its profits, if any, or other income in promoting its objects; and

(c) intends to prohibit the payment of any dividend to its members.

Name of Section 8 Company :

The name of section 8 company should end with words like Foundation, Association, Institution, Federation etc Being a Private Limited Company or Public Limited Company , the Private Limited or Limited words do not form part in the name of section 8 Company.

Types of Section 8 Company :

Company Limited by Shares : Unlike normal Company section 8 company can also be registered by having share capital among its members.

Company Limited by Guarantee without share capital : In this case company can be registered by providing a guarantee amount in its memorandum. As these type of companies are without share capital , there will be equal ownership among the promoters/ members of the company with one vote on each resolution.

Procedure for Registration of Section 8 (NGO) in India

Following are the steps involved in Incorporation of  Section 8 Company in India:

Obtaining Digital Signature:

Digital Signature is required to sign Incorporation application and other forms for regular compliance needs,It is issued by certifying authority (like Sify, ncode etc.). Following are the documents required for obtaining Digital Signature for Directors:

1.) For Indian citizens & residents:

a.) Copy of Pan Card

b.) Copy of Driving license/Passport/Aadhar Card/Voters’ Identity Card

c.) Dully filled and signed Digital Signature Form.

2. For Foreign Nationals:

a.) Copy of Notarized or Appostilled Passport if the country is a party to Hague convention.

b.) Dully filled and signed Digital Signature Form.

Documents Required For Section 8 Company Registration :

a.) Copy of Pan Card

b.) Copy of Driving license/Passport/Aadhar Card/Voters’ Identity Card

c.) Latest Bank statement not older than 2 months

d.) Statement of Grounds

e.) work proposed to be done

f.) Proposed Income and Expenditure for next three years

g.) Electricity Bill and Rent Agreement , if rented for the purpose of Registered Office address of the company

Name Approval Application :

Name approval Application in RUN form is required to made to CRC for approval of name of section 8 company.

Application of Obtaining Licence of Section 8 Company from Central Government :

An Application should be made along with necessary documents like Draft MOA , AOA , Statement of Grounds , work Proposed to done , Power of Attorney of Professional , INC-15 etc should be attached along with Application for obtaining licence of Section 8 Company Registration.

Filing Of Incorporation Application With Registrar Of Companies:

Once we get licence upon Filing of Form INC-12 than incorporation form is required to e filed with ROC, after uploading and payment of required stamp duty and government fee the incorporation form is accessible to ROC and ROC checks the forms and if everything is allright including name of the Company, the Company is approved by the ROC.

Once the company incorporation form is approved by ROC we get the certificate of incorporation of the Company and company is registered

PAN and TAN:  

We will get the PAN and TAN no along with Certificate of Incorporation of Company.

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