Charitable Company (Section 8 Company)

In India, a non-profit organisation can be registered as Trust by executing a Trust deed or as a Society under the Registrar of Societies, or as a private limited non-profit company under Section 8 Company under the Companies Act, 2013

1. Director:

• Minimum no. of directors required are 2 out of which 1 shall be Indian Resident.
• Any person can be a director of the company including family members
• Director Identification No. (DIN) and Digital Signature Certificate (DSC) are required to be a director of the company
• Directors are the managers and they are responsible for day to day functioning of the company.

2. Shareholder:

• Minimum no of shareholders required are 2.
• Director and Shareholders can be the same.
• Shareholders are the owners of the company

3. Capital:

• There are 2 types of capital i.e. Authorize Capital (It is the capital up to which company is authorize to raise from the member and it can be increase as and when required.), Paid Up Capital (It is the capital which is paid up by the members of the company and it can be increase as and when required.)
• There is no such requirement for minimum capital, hence the company can be formed with the capital starting from INR 1.

4. Registered Office:

• Any place can be made as the registered office of the company even the residential place can be used as the registered office of the company.

5. Registering Authority

• Ministry of Corporate Affairs

6. Required Documents

> Proof of Registered office address (Conveyance/ Lease deed/Rent Agreement/Maintenance Bill)

> Copy of the utility bills of the registered office (Electricity Bill/Telephone Bill not older than two months)

    Directors / Shareholders

> PAN Mandatory- Indian National / Passport – Foreign National

> Proof of Identity – Voter Id/Passport/Driving License

> Proof of Address (Electricity Bill/Bank Statement/Telephone Bill/Mobile Bill not older than 2 months)

*All documents for Indian National – To be self-attested

*All documents of Foreign National – To be self-attested & apostilled

1. Obtain DSC (Digital Signature Certificate)
2. Prepare SPICe+ form (Part A – Name availability and reservation request)
3. Prepare SPICe+ Part B form (Company information i.e. directors, capital etc.)
4. Drafting MOA and AOA (Form 13) and SPICe+ AGILE-PRO (INC-35)
5. Download all the e-forms prepare online and affix DSC on all the e-forms.
6. Attached the require documents with form SPICe+ and upload the e-forms to MCA portal.
7. Payment of RoC Fees & Stamp Duty
8. Issue of Certificate of Incorporation by RoC

Advantages

 1.TAX EXEMPTION
2.NO MINIMUM CAPITAL REQUIREMENT
3.NO STAMP DUTY PAYABLE
4.SEPARATE LEGAL ENTITY
5.CREDIBLE
6.NO TITLE REQUIRED

Disadvantages

 1.KEY RESTRICTIONS
2.UTILIZATION OF PROFIT
3.NO CHANGE IN AOA AND MOA
4.CONDITION BY CENTRAL GOVERNMENT
5.TAX LIABILITY