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Section 8 Company Registration

Register your non-profit as a Section 8 Company — the most credible not-for-profit structure in India, with limited liability, tax-exemption eligibility and the governance that grant-makers and CSR funders trust. We obtain the Central Government licence and incorporate you end to end.

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Section 8 Company registration in India by FilingSetu
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Overview

What is Section 8 Company Registration?

A Section 8 Company is a company registered under Section 8 of the Companies Act, 2013, for promoting objects such as commerce, art, science, sports, education, research, social welfare, religion, charity or protection of the environment. It intends to apply all of its profits and income only towards those objects and prohibits the payment of any dividend to its members.

Unlike a trust or society, a Section 8 Company is regulated by the Ministry of Corporate Affairs and enjoys the credibility of a corporate entity — a separate legal existence, limited liability for members, and structured governance. It can be registered as a private or public limited company but drops the "Private Limited" or "Limited" suffix, using names like Foundation, Association, Council or Federation instead.

Registration requires a licence from the Central Government (powers delegated to the Registrar of Companies), granted only after it is satisfied the company's profits will be applied solely to its charitable objects.

Who it's for

Who should register a Section 8 Company?

If your work is charitable or social in nature and you want a credible, well-governed entity, a Section 8 Company is the strongest choice.

NGOs & foundations

Groups running charitable, relief or welfare work who want corporate credibility and cleaner governance than a trust or society.

Educational & research bodies

Institutions promoting education, science or research that need a recognised, transparent not-for-profit structure.

Social enterprises

Mission-driven ventures pursuing social, cultural or environmental objects that plan to reinvest surpluses into the cause.

Grant & CSR seekers

Organisations that want to attract CSR funding, domestic grants and (with FCRA) foreign contributions — funders prefer Section 8 companies.

Trade & professional associations

Chambers, federations and councils formed to promote a profession, industry or the arts on a not-for-profit basis.

Existing trusts & societies

Bodies that have outgrown their current structure and want the stronger recognition and pan-India standing of a company.

Why register

Key benefits of a Section 8 Company

The advantages that make it the preferred structure for serious non-profits in India.

Separate legal entity

Distinct from its members, with perpetual succession — it can own property, sign contracts and sue in its own name.

Limited liability

Members' liability is limited; personal assets are protected from the organisation's obligations.

Tax-exemption eligibility

Eligible to apply for 12A and 80G registration, exempting its income and letting donors claim deductions.

Higher credibility

MCA regulation and audited accounts give it more standing with funders, banks and regulators than a trust or society.

No minimum capital

There is no prescribed minimum capital — you can start with an amount that suits your plans.

CSR & grant ready

The preferred vehicle for CSR spend and grants; with FCRA it can also receive foreign contributions.

Eligibility

Eligibility criteria

What you need to qualify to register a Section 8 Company.

  • Minimum members & directors
    At least two directors and two members for a private company (three directors for a public company).
  • A resident director
    At least one director must have stayed in India for 182 days or more in the previous financial year.
  • Charitable objects
    The objects must be non-profit — promotion of commerce, art, science, sports, education, research, welfare, religion, charity or environment.
  • Profits applied to objects
    Income and profits must be applied solely to promote the objects; no dividend may be paid to members.
  • DSC & DIN
    Each proposed director needs a Digital Signature Certificate and a Director Identification Number.
Objects

Permitted activities

A Section 8 Company may be formed to promote any of the following not-for-profit objects.

Commerce & trade promotion
Art & culture
Science & technology
Sports promotion
Education & literacy
Research
Social welfare
Religion & charity
Protection of the environment
Documents required

Documents required for registration

Have these ready and we can begin the same day. Your manager will guide you on anything you're unsure about.

  • PAN & Aadhaar of directors
    Identity proof for every proposed director and member.
  • Address proof of directors
    Recent bank statement or utility bill (under 2 months) in each director's name.
  • Passport-size photographs
    One recent photograph of each proposed director.
  • Registered office proof
    Utility bill plus rent agreement and NOC from the owner, or ownership proof.
  • MOA & AOA (INC-13)
    Memorandum and articles drafted around your charitable objects, in the prescribed format.
  • Declarations (INC-14 & INC-15)
    Declaration by a practising CA/CS/CWA and by each applicant, as required for the licence.
  • Projected income & expenditure
    An estimate of income and expenditure for the first three years.
  • Statement of objects & work
    A brief note on the proposed work and grounds for the licence application.
How it works

The registration process

Every step handled by your Expert and tracked live, from first details to final licence.

01

Consult & define objects

Day 1–2 · You + Expert

We confirm eligibility, frame your charitable objects and reserve a name with an approved non-profit suffix.

02

DSC & DIN

Day 2–4 · Your Expert

We obtain Digital Signature Certificates and Director Identification Numbers for the directors.

03

Licence application (INC-12)

Day 4–10 · Your Expert

We draft the INC-13 MOA/AOA and declarations and apply for the Section 8 licence from the Central Government.

04

File SPICe+

Day 10–15 · Your Expert

On licence approval, we file the SPICe+ incorporation forms with the MOA and AOA.

05

Incorporated

Day 15–20 · Done

Your licence, Certificate of Incorporation, CIN, PAN and TAN are issued and delivered.

Timeline

How long it takes

Indicative timeline — actual dates depend on name approval, licence processing and MCA turnaround.

Day 1–3
Name approval
Preferred name reserved with the MCA.
Day 2–4
DSC & DIN
Digital signatures and DINs for directors.
Day 4–10
Licence & drafting
INC-12 licence applied with drafted MOA/AOA.
Day 10–15
SPICe+ filing
Incorporation forms filed on approval.
Day 15–20
Incorporated
Licence, COI, PAN & TAN delivered.
Typical total: 15–20 working days
Pricing

Registration fees

One transparent professional fee, confirmed in writing before we begin. Government and statutory fees are charged at actuals — never marked up.

  • Professional fee covers name approval, licence drafting, MOA/AOA and full incorporation filing.
  • Government filing fees, stamp duty and DSC costs vary by state and number of directors.
  • 12A and 80G tax-exemption registrations can be added on — quoted separately.
Deliverables

What you get after registration

Everything handed over once your Section 8 Company is incorporated.

Section 8 licence

The Central Government licence (under INC-12) authorising your non-profit company.

Certificate of Incorporation

Your COI with a unique CIN, confirming the company is legally registered.

DSC & DIN

Digital Signature Certificates and Director Identification Numbers for all directors.

MOA & AOA

Your charter documents drafted around your objects, in the prescribed INC-13 format.

Company PAN & TAN

Allotted automatically as part of the incorporation process.

12A / 80G roadmap

Guidance on the tax-exemption registrations that benefit both the company and its donors.

After registration

Ongoing compliance requirements

A Section 8 Company has the same core compliance as any company. We can handle all of it on an annual plan.

Annual ROC filings

File AOC-4 (financial statements) and MGT-7 (annual return) with the MCA every year.

Income-tax return & audit

File the annual income-tax return and get accounts audited by a chartered accountant.

Board meetings & AGM

Hold the required board meetings and the annual general meeting, with minutes maintained.

Tax exemptions & FCRA

Maintain 12A/80G registrations and, if you receive foreign contributions, FCRA compliance.

Compare structures

Section 8 Company vs Trust vs Society

The three common ways to register a non-profit in India — and why Section 8 wins on credibility.

Feature
Section 8 Company
Trust
Society
Governing law
Companies Act, 2013
Indian Trusts Act, 1882
Societies Registration Act, 1860
Registering authority
Registrar of Companies (MCA)
Sub-Registrar
Registrar of Societies
Minimum members
2 directors / members
2 trustees
7 members
Legal recognition
Highest — pan-India
Moderate
State-level
Compliance level
High — audited & filed
Low
Moderate
Credibility for grants / CSR
Highest
Moderate
Moderate
Why us

Why choose FilingSetu for Section 8 registration?

Licence work is where most non-profit registrations stall. We do it properly, the first time.

Section 8 licence specialists

We draft the INC-13 objects and declarations that satisfy the Registrar — the step most DIY filings get wrong.

One fixed fee, in writing

The professional fee you see is the fee you pay. Government charges are passed through at actuals, never marked up.

A named manager

One point of contact who knows your file, reachable by chat, call or email, with live status tracking throughout.

Beyond incorporation

We take you through 12A, 80G and annual compliance too — so your non-profit stays funded and in good standing.

FAQ

Section 8 Company Registration, answered.

How many directors does a Section 8 Company need?

A minimum of two directors for a private Section 8 Company, or three for a public one. At least one director must be resident in India. There is no minimum capital requirement.

Do I need a separate licence?

Yes. A Section 8 Company requires a licence from the Central Government (via form INC-12) before incorporation, confirming that its profits will be applied only to its objects. We obtain it as part of the process.

Can a Section 8 Company distribute profits?

No. All income and profits must be applied towards the company's charitable objects — dividends cannot be paid to members or directors.

Is tax exemption automatic on registration?

No. Registration as a Section 8 Company is separate from tax exemption. To let the company and its donors claim benefits, you must obtain 12A and 80G registrations, which we can guide you through.

What name can a Section 8 Company use?

It cannot use "Private Limited" or "Limited" as a suffix. Instead it uses words such as Foundation, Association, Council, Federation, Chambers or Institute that reflect its non-profit character.

Can foreign nationals or NRIs be directors?

Yes, provided at least one director is resident in India. If the company intends to receive foreign contributions, it will also need FCRA registration.

Register your Section 8 Company.

Talk to an Expert about your non-profit — we'll confirm eligibility, scope the licence and give you a fixed quote. Free, no obligation.