Section 8 Company Formation
Section 8 Company Formation is the process of registering a non-profit organization under the Companies Act, 2013. These companies are formed with the objective of promoting social welfare, charity, education, art, science, sports, environment protection, or any other cause without the intention of making profits. Instead of distributing dividends, all income and profits are used to promote the company’s objectives.
Types of Section 8 Company
Forming a Section 8 Company ensures legal recognition for non-profits while maintaining credibility with donors, authorities, and stakeholders.
Private Section 8 Company
Requires at least 2 directors and members, suitable for small to medium-scale operations.
Public Section 8 Company
Requires at least 3 directors and 7 members, ideal for large-scale operations with wider outreach.
Single-Purpose Section 8 Company
Formed to focus on one specific objective like education, healthcare, or environment.
Multi-Purpose Section 8 Company
Engages in multiple charitable or social welfare activities under one company.
FCRA-Ready Section 8 Company
Structured to comply with FCRA guidelines for receiving foreign funds.
Donor-Friendly Section 8 Company
Designed to enhance credibility with donors, including maintaining transparency and tax benefits.
Why Section 8 Formation is Important?
Tax Exemptions
Section 8 Companies enjoy various tax benefits under the Income Tax Act, reducing operational costs.
Credibility & Trust
Considered more reliable by donors, government authorities, and foreign contributors compared to societies and trusts.
Government Approval
Requires approval from the Central Government (via ROC) before registration.
Compliance Requirements
Must maintain strict compliance with annual filings, board meetings, and reporting regulations.
FAQs
What is the minimum capital requirement for a Section 8 Company?
There is no minimum capital requirement. It can be formed with any capital amount depending on the needs of the company.
Can Section 8 Company earn a profit?
Yes, but profits cannot be distributed among members. They must be used to achieve the company’s objectives.
Who can become a member of a Section 8 Company?
Any individual, company, or organization (including foreigners) can become a member, subject to legal guidelines.
Is Section 8 Company better than NGO or Trust?
Yes, it provides more credibility, better legal standing, and higher chances of receiving government and foreign funding.
How long does it take to register a Section 8 Company?
Generally 30–45 working days depending on approvals and documentation.