Start Your NGO or Non-Profit Company
Register your Section 8 Company in India quickly, correctly, and affordably. Get expert help from filing to compliance — all under one roof.
Overview
If you're planning to work for a social cause — whether it's education, healthcare, art, environment, or community welfare — a Section 8 Company is one of the most credible and structured ways to do it in India. It is a legal form of organization recognized under the Companies Act, 2013, and is specifically designed for non-profit purposes.
Unlike a trust or a society , a Section 8 Company comes with the reliability of being registered under the Ministry of Corporate Affairs (MCA). It has a well-defined legal structure, limited liability for its members, and enjoys several tax benefits — making it the preferred choice for NGOs, foundations, charitable institutions, and social enterprises across India.
At LegalXCode, we simplify the entire Section 8 Company Registration process for you. From preparing your documents to obtaining the license from the Central Government — we handle it all, so you can focus on your mission.
Minimum Directors Required
Days Average Processing Time
Minimum Paid-Up Capital
Tax Exemption Eligibility
Understand the Basics
A Section 8 Company is a type of company incorporated under Section 8 of the Companies Act, 2013, with the primary objective of promoting charitable purposes such as:
The most important aspect of a Section 8 Company is that its profits cannot be distributed among its members or directors. All income and profits must be applied towards promoting the stated objectives of the company. This is what separates it from regular private or public limited companies.
Earlier known as Section 25 Company under the old Companies Act of 1956, the Section 8 Company format is now widely used by NGOs, foundations, and welfare organizations across India as it provides greater credibility, transparency, and accountability compared to a Trust or Society.
Why Choose Section 8
Registering as a Section 8 Company gives your non-profit a legal edge and opens doors to multiple benefits that Trusts and Societies don't always enjoy. Here's why thousands of NGOs in India choose this structure:
A Section 8 Company is a separate legal entity, meaning it can own property, enter contracts, and sue or be sued in its own name.
Members and directors have limited liability. Their personal assets are protected even if the company faces financial difficulties.
Section 8 Companies can register under 80G and 12A of the Income Tax Act, making donations tax-deductible for donors and income tax-exempt for the company.
Unlike private limited companies, there is no requirement for a minimum paid-up capital to register a Section 8 Company.
Being registered under MCA gives your NGO significantly more credibility than a Trust or Society — which matters when approaching donors, CSR partners, and government bodies.
A registered Section 8 Company becomes eligible to apply for grants from government departments, foreign funding (FCRA), and CSR contributions from corporates.
The company continues to exist even if members change or pass away. Its continuity is not dependent on any single individual.
Section 8 Companies enjoy reduced or waived stamp duties on various instruments compared to other types of companies — saving you money from the start.
Before applying, confirm your organization meets all conditions set by the Ministry of Corporate Affairs.
Minimum Directors
A minimum of 2 Directors for a private structure, or 3 Directors + 7 Members for a public company structure.
MandatoryIndian Resident Director
At least one Director must be an Indian resident — staying in India for at least 182 days in the previous calendar year.
MandatoryCharitable Objective
The company's stated purpose must be charitable, social, or non-profit in nature — education, healthcare, art, science, or environmental protection.
MandatoryNo Profit Distribution
Profits cannot be distributed to members or directors. All surplus income must be reinvested exclusively toward the company's stated objectives.
MandatoryValid DIN for All Directors
Each director must hold a valid Director Identification Number (DIN) issued by the Ministry of Corporate Affairs before or during incorporation.
RequiredRegistered Office Address
The company must have a valid registered office address in India, supported by proof of address and an NOC from the property owner if the premises are rented.
RequiredNo Minimum Capital
There is no mandatory paid-up capital requirement — but your funding plan and projected income & expenditure for 3 years must be credible and clearly documented.
FlexibleDigital Signature Certificate
At least one director must hold a valid Class 3 DSC (Digital Signature Certificate) for signing online MCA forms during the registration process.
RequiredWhat You Need
Preparing the right documents upfront can save significant time and effort. Here is a complete checklist of all documents you need to submit for Section 8 Company Registration:
| # | Document | Who It Applies To |
|---|---|---|
| 1 | PAN Card (self-attested copy) | All Directors & Members |
| 2 | Aadhaar Card / Voter ID / Passport (any one) | All Directors & Members |
| 3 | Passport-size Photograph (recent) | All Directors |
| 4 | Electricity Bill / Water Bill / Gas Bill (not older than 2 months) | Registered Office Proof |
| 5 | No Objection Certificate (NOC) from the property owner | Registered Office (if rented) |
| 6 | Rent Agreement (if office is rented) | Registered Office |
| 7 | Memorandum of Association (MOA) | Company Formation |
| 8 | Articles of Association (AOA) | Company Formation |
| 9 | Declaration by Directors in Form INC-14 | All Directors |
| 10 | Estimated income & expenditure for next 3 years | Management |
| 11 | DIN (Director Identification Number) of all directors | All Directors |
| 12 | DSC (Digital Signature Certificate) of at least one Director | Authorized Director |
* Our team at LegalXCode will guide you on preparing each document correctly to avoid rejections.
How It Works
The Section 8 Company Registration Process in India is handled through the MCA portal and involves multiple stages of filing and approval. Here's how it works, step by step:
All proposed directors must obtain a Class 3 DSC from a government-approved certifying authority. This is required for online signing of MCA forms.
Each director must have a unique DIN issued by MCA. This can be obtained through the SPICe+ form at the time of incorporation or separately beforehand.
Submit up to 2 proposed company names through the MCA RUN service or within SPICe+ Part A. The name must reflect the company's charitable nature and end with words like "Foundation," "Association," "Society," etc.
Prepare the Memorandum of Association (MOA) and Articles of Association (AOA), clearly defining the company's objectives, governance structure, and rules. This is a critical step — our experts ensure your MOA aligns with Section 8 requirements.
Submit the SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) form along with INC-14 (declaration by professionals), INC-15 (declaration by promoters), and all supporting documents.
Unlike other company types, Section 8 Companies require a special license from the Central Government (via Regional Director or MCA). The Registrar of Companies (ROC) reviews the application and issues the license upon satisfaction.
Once the license is granted and ROC approves the application, a Certificate of Incorporation (along with CIN, PAN, and TAN) is issued. Your Section 8 Company is now legally registered!
After incorporation, open a current bank account in the company's name and apply for 12A and 80G registrations to unlock tax benefits for your donors and the company.
Stay Compliant
Registration is just the beginning. A Section 8 Company must follow regular compliance obligations under the Companies Act, 2013 and Income Tax Act. Non-compliance can lead to heavy penalties, suspension of the license, or even dissolution of the company. Here's what you need to stay on top of:
Hold an AGM every year within 6 months from the close of the financial year (i.e., before 30th September).
Conduct at least 2 Board Meetings every year, with a gap of not more than 90 days between consecutive meetings.
File the Annual Return with MCA within 60 days of the AGM every financial year.
File audited financial statements including Balance Sheet and P&L with the ROC within 30 days of the AGM.
File ITR annually. Companies registered under 12A are exempt from income tax on surplus income used for charitable purposes.
Accounts must be audited by a qualified Chartered Accountant every year before filing financial statements.
Every director must complete their annual KYC with MCA by 30th September of each year.
If your NGO receives foreign donations, you must also obtain FCRA registration from the Ministry of Home Affairs.
LegalXCode offers ongoing compliance management packages so your Section 8 Company always stays on the right side of the law — without you having to track every deadline.
Financial Benefits
One of the biggest advantages of operating as a registered Section 8 Company is access to a wide range of government grants, CSR funding, and income tax exemptions. Here's what your non-profit can benefit from:
Common Questions
Let our legal experts guide you through every step — from name reservation to certificate of incorporation. Transparent pricing, no hidden charges.
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