Section 8 NGO Registration

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Section 8 NGO Registration in India

NGOs are non-profit organisations that operate for social, charity or community development, whereas NGOs mean non-governmental organisations. If an NGO is a Section 8 Company, then these are governed by the Ministry of Corporate Affairs (MCA) under the Companies Act, 2013. However, if an NGO is registered as a Trust or Society, then it falls under the State Government and its Registrar of Societies.

Is NGO Registration Mandatory?

Registering as a Section 8 Company provides higher credibility and benefits as compared to a trust or society. It generates greater confidence among donors, government bodies and the public.

In this article, we will discuss how to register an NGO as a Section 8 Company under the Companies Act 2013—but first, why should you register an online Section 8 NGO?

Advantages of Section 8 NGO Registration

“No Profit” does not mean a Section 8 Company cannot make profits. All this says is that revenue earned must be used to further the goals of the organization, rather as a return to promotor’s profit.

Some of the advantages of Section 8 Company registration are:

  1. Exemptions from certain compliances of CARO INCIDENTAL HIGHLIGHT: Incidentally, The Following are some relaxations provided under CARO:
  2. No minimum paid-up capital requirement
  3. A partnership firm can be a member.
  4. Stamp duty: Exemption at the time of registration
  5. Exemption of donations under Section 80G of the Income Tax Act

Prerequisite conditions for Section 8 NGO Registration

  1. Private Limited NGO – 2 Shareholders and 2 Directors.
  2. NGO Public Limited-Minimum Shareholders 7 and Directors 3
  3. For all the directors, A DIN for every director.
  4. DSC (Digital Signature Certificate) of all the directors
  5. It is possible to have the same person as both a shareholder and a director.
  6. Valid proof of address of the registered office

What are the Documents Needed For Incorporating a Section 8 Company?

To apply for Section 8 Online, it is crucial to upload the following documents on the MCA website:

  1. For Directors/Shareholders
  2. Proof of identity and address
  3. Passport-size photographs
  4. Aadhaar Card copy
  5. Voter ID/Driver’s License copy
  6. PAN Card or Passport (in case of NRI or foreign national)
  7. Most recent utility bill or bank statement
  8. For Registered Office
  9. Proof of Address of the Office (Electricity/Gas bill etc.
  10. Rent agreement (in case the office is rented)
  11. NO Objection Certificate (NOC) from the Owner of the totally rented out property.

Documents You’ll Receive After Registration

Once your Section 8 Company is formed, you will gain the following:

  1. Certificate of Incorporation (COI)
  2. Section 8 Company License
  3. Company PAN & TAN
  4. Memorandum of Association (MoA)
  5. Articles of Association (AoA)
  6. DIN for directors
  7. DSC (Digital Signature Certificate)
  8. EPF & ESIC registration documents

Section 8 Company Registration Process

Step 1: Apply for DSC

Directors and subscribers are required to apply for DSC from authorized agencies. The whole procedure is fast and can be achieved on line in 24 hrs following document, video and telephone verification.

Step 2 : File for Name Approval

File the SPICe+ RUN form for reserving a company name. Your objectives and your industry activity code must be very clearly defined in your application.

(Tip: You should make sure the name is not similar or identical with any trademark or in contravention of the Names & Emblems Act, 1950)

Step 3: Section 8 License Application

Submit Form INC-12 to the Registrar of Companies for obtaining the Section 8 license. The MCA approves the application, and the ROC is assigned a 6-digit license number.

Step 4: Filing of SPICe form (INC-32)

Names My request for name has been Approved.. Fill the SPICe+ form with all the registration related details as follows:

  1. Company details
  2. Subscriber and member details
  3. DIN application
  4. PAN & TAN application
  5. Declarations from directors and professionals

Step 5: Filing of e-MoA (INC-33) & e-AoA (INC-34)

Detailed Information: Memorandum of Association (MoA) This detail is the document that substantiates the existence of the company.

Articles of Association (AoA): Describe the rules and regulations used to run the company.

Step 6: Obtain the Certificate of Incorporation

Once the MCA verifies these documents the ROC will also issue the Certificate of Incorporation (COI), along with PAN and TAN. With these papers, you can open a current account for the NGO.

Why to Choose GarudaMudra for Section 8 Company NGO Registration

  1. 100% online registration process
  2. Expert professional support
  3. Affordable pricing
  4. Easy, fast, and transparent process
  5. Money-back guarantee if registration fails

GarudaMudra makes it easy to get your Section 8 NGO registration, earn the trust of donors, and concentrate on your mission: changing the world.

Frequently Asked Questions

Q1: Who can incorporate a Section 8 Company?

Section 8 Company can be formed by any person or association of people that proposes to promote commerce, art, science, sports, education, research, social welfare, religion, charity, protection of the environment or any such other object, provided that it is not for the purpose of carrying any profits.

  1. Requires at least 2 members
  2. Must have clear non-profit objectives
  3. They have to abide by guidelines that have been laid down by MCATopyaps

By GarudaMudra: Normally the timeline for registering of Section 8 Company online is 10-15 days based on how fast the client provides us the required documents and Government processing time.

The basic requirements include:

  1. Directors: Minimum 2 (1 director must be a resident in India)
  2. Shareholders: Minimum 2 members
  3. Purpose – Must be involved in altruistic, educational, medical, or social issues
  4. Office Address: Registered office in India is required.

The name should obviously reflect the non-profit status of the organisation.

  1. Don’t pick a name like another company or registered trademark
  2. Include words such as “Foundation,” “Association,” “Society,” or “Trust” to draw attention to its charitable nature

At least 2 directors are required in case of a Section 8 Company, and one of the directors should be a resident of India.