Section 8 Company Registration
The most credible NGO structure in India — register a Section 8 Company for charitable, educational, or social objectives with MCA regulation and significant tax benefits.
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What is a Section 8 Company?
A Section 8 Company is incorporated under Section 8 of the Companies Act, 2013 for promoting charitable, educational, religious, social welfare, or environmental objectives. Unlike a Trust or Society, it is regulated by the Ministry of Corporate Affairs (MCA), giving it the highest credibility among NGO structures. Profits must be applied only towards the company's objectives — no dividend distribution is allowed. It is the preferred structure for organizations seeking CSR funding and foreign donations.
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Why Register as a Section 8 Company?
Highest Credibility
MCA-regulated structure preferred by donors, CSR teams, and government bodies.
No Minimum Capital
No minimum paid-up capital requirement — start with any amount.
Tax Exemption Eligible
Can apply for 12A (income tax exemption) and 80G (donor tax deduction).
FCRA Eligible
Eligible to receive foreign contributions after obtaining FCRA registration.
Eligibility & Requirements
How to Register a Section 8 Company
Section 8 registration requires a special Central Government license in addition to normal company incorporation.
1Step 1: Obtain DSC and DIN
All proposed directors must obtain DSC and DIN before proceeding.
2Step 2: Apply for Name Approval
Reserve the company name via SPICe+ Part A. Name must reflect charitable purpose.
3Step 3: File INC-12 for License
Apply for Section 8 license from the Central Government through Form INC-12 with MOA, AOA, and estimated future income/expenditure.
4Step 4: Receive INC-16 License
Central Government issues INC-16 license if satisfied with the objectives and capability.
5Step 5: File SPICe+ for Incorporation
Submit SPICe+ Part B form with the INC-16 license for final incorporation.
6Step 6: Certificate of Incorporation
RoC issues the COI. Section 8 Company is now legally incorporated.
Section 8 Company registration takes 20–30 working days, primarily due to the Central Government license processing time.
Documents Required
Director Identity
- PAN Card of all Directors
- Aadhaar Card
- Photograph
- Address proof
Company Documents
- Draft MOA with charitable objectives
- Draft AOA
- Estimated income & expenditure statement
Registered Office
- Rental Agreement or ownership proof
- Latest utility bill
- NOC from landlord
Post-Registration Compliance
MCA Annual Filings
File AOC-4 and MGT-7 annually with RoC. Non-compliance attracts heavy penalties.
Income Tax Return
File ITR annually. Apply for 12A to get income tax exemption on surplus.
Audit Requirement
Statutory audit is mandatory for Section 8 Companies regardless of turnover.
No Profit Distribution
Profits cannot be distributed as dividends. All income must be used for stated objectives.
Common Questions
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