Section 8 Company for NGO
The most credible NGO legal structure — Section 8 Company under the Companies Act, 2013, regulated by MCA, preferred by corporates for CSR and international donors for grants.
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Why Section 8 Company is the Gold Standard for NGOs
A Section 8 Company is the most prestigious and credible NGO structure in India. Incorporated under Section 8 of the Companies Act, 2013 by the Ministry of Corporate Affairs (MCA), it must apply a Central Government license (INC-16) to use the word "Foundation", "Association", "Organisation", etc. Unlike Trusts and Societies, a Section 8 Company follows the full Companies Act governance framework — board meetings, resolutions, MCA annual filings — giving it the highest accountability and transparency. This is why most corporate CSR programs and international grant-making organizations prefer it.
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Section 8 Company vs Other NGO Structures
Highest Credibility
MCA regulation and full company law governance make it the most trusted NGO structure.
CSR Funding Ready
Companies Law requires 2% CSR — most companies prefer Section 8 structure for CSR recipients.
FCRA & Foreign Funding
Easily eligible for FCRA and preferred by international foundations and bilateral agencies.
No Dividend Distribution
Profits must be applied only to charitable objectives — ensures trustworthiness.
Eligibility & Requirements
How to Register a Section 8 Company for NGO
Registration requires both MCA incorporation AND a Central Government license — a two-step process.
1Step 1: Obtain DSC and DIN
All proposed directors must obtain DSC (Class 3) and Director Identification Number.
2Step 2: Name Approval via SPICe+
Reserve company name through SPICe+ Part A. Name must end with "Foundation/Association/Organisation/Society/Council/Institute" etc.
3Step 3: File INC-12 for Central License
Submit Form INC-12 to Central Government with Draft MOA, AOA, estimated income-expenditure, and declaration.
4Step 4: Receive INC-16 License
Central Government grants INC-16 license if objectives are genuinely charitable and applicants are fit.
5Step 5: File SPICe+ Part B
Submit incorporation form with INC-16 license attached. Complete AGILE-PRO and eMOA/eAOA.
6Step 6: Certificate of Incorporation
MCA/RoC issues Certificate of Incorporation. Section 8 Company is legally formed.
Takes 20–30 working days primarily due to INC-12/INC-16 Central Government approval. Expediting requires complete and error-free documentation.
Documents Required
Director Documents
- PAN Card
- Aadhaar Card
- Photograph
- Address proof
Company Formation
- Draft MOA with charitable objectives
- Draft AOA
- Projected income-expenditure (3 years)
- Declaration that profits will not be distributed
Registered Office
- Rental agreement or ownership deed
- NOC from landlord
- Latest utility bill
Post-Registration Compliance
MCA Annual Filings
File AOC-4 and MGT-7 every year with RoC. Non-compliance attracts penalties and striking-off.
Board Meetings
Minimum 2 board meetings per year (reduced for Section 8). Maintain proper minutes.
Statutory Audit
Annual audit by qualified CA is mandatory. Audited financials must be filed with MCA.
12A & 80G Renewal
Renew 12A and 80G registrations every 5 years by filing Form 10AB with Income Tax Department.
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