Formation of Companies with Charitable Objects (Section 8 Company)
Section 8 of the Companies Act 2013 provides for the formation of the companies with charitable objects etc. Section 8 Company, (earlier Section 25 Company of the Companies Act, 1956), is a legal entity for Non-Government or Non-Profit Organizations.
Examples of Section 8 Companies
Infosys Foundation, Reliance Foundation, TATA Foundation, Reliance Research Institute, OTC- Over the Counter Exchange of India, etc
Objectives of Section 8 Company
It is a type of company which is established with the objective to promote commerce, arts, science, sports, education, research, social welfare, protection of the environment or any other such object. The main purpose of Section 8 Company is essentially to work for the welfare of society in any of the above-mentioned fields and is formed in Public Interest.
Minimum requirements |
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Minimum capital |
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Advantages |
1) Tax benefits 2) No minimum share capital 3) No need to use title 4) Easy Transfer of ownership 5) A charitable organization or trust registered under section 12 A, allows you to avail tax exemption under section 80G. |
Documents Required |
The essential documents are:
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Registration Procedure |
Step 1: Application for DSC (Digital Signature Certificate) Step 2: Fill SPICe+ form (Part A – Name availability – You can submit name availability request) Step 3: Fill SPICe+ Part B form (Company information i.e. pertaining to directors, shareholders, registered office etc.) Step 4: Application for incorporation in SPICe+ Part B Form and submit it. It will autognerate the AGILE-PRO Form and SPICe+ INC-9 Form Step 5: Fill AGILE-PRO form for GSTIN (Not mandatory), EPFO, ESIC, Profession Tax Registration (Only for Maharashtra) and Opening of Bank Account Step 6: Download all the e-forms prepare online and affix DSC on all the e-forms. Step 7: Attached the require documents with form SPICe+ and upload the e-forms using linked forms facility from the MCA portal. Step 8: Issuance of certificate of Incorporation |
Attachments required |
Proof of office address Copies of Utility Bill (Not older than 2 Months) Form No. INC –13- MOA and AOA Form No. INC –14- Declaration by advocate / practicing CA / CS / CWA Form No. INC –15- Declaration by each person making an application
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Post Incorporation
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This is done so as the company can raise capital for its smooth running in the business. Bank Account Opening and Remittance of Subscription Money |