What is a Section 8 Company?

A Section 8 Company, also known as a not-for-profit company, is a type of organization that is formed for the promotion of art, science, commerce, charity, social welfare, religion, research, or any other useful object. The main objective of a Section 8 Company is not to earn profits but to apply its income or property towards the promotion of the defined objects.

Establishing a Section 8 Company can be a fulfilling venture, as it allows individuals or groups to contribute to society in a meaningful way. If you are interested in incorporating a Section 8 Company, here is a detailed procedure to help you navigate the process.

Step 1: Obtaining Digital Signature Certificate (DSC)

The first step in incorporating a Section 8 Company is to obtain a Digital Signature Certificate (DSC) for all the proposed directors. A DSC is used to electronically sign documents and applications submitted to various government departments.

To obtain a DSC, you need to fill out an application form, provide the necessary documents, and undergo the verification process. Once approved, you will receive a DSC, which will be valid for a specific period of time.

Step 2: Applying for Director Identification Number (DIN)

Every proposed director of the Section 8 Company must have a Director Identification Number (DIN) issued by the Ministry of Corporate Affairs. To obtain a DIN, you need to submit an application online and provide relevant documents such as identity proof and address proof.

Once the application is processed, you will receive a DIN, which is unique to each director and is valid for a lifetime.

Step 3: Name Approval

After obtaining the DSC and DIN, the next step is to apply for name approval of the Section 8 Company. The name should reflect the objective and purpose of the company. The proposed name should comply with the naming guidelines set by the Ministry of Corporate Affairs.

You can submit up to two names for approval, and the names should be unique and not similar to any existing company or trademark. Once the name is approved, it will be reserved for a period of 20 days.

Step 4: Drafting Memorandum of Association (MOA) and Articles of Association (AOA)

The Memorandum of Association (MOA) and Articles of Association (AOA) are important documents that outline the objectives, rules, and regulations of the Section 8 Company. These documents need to be drafted in accordance with the Companies Act, 2013, and should be signed by all the proposed directors.

The MOA and AOA should include information such as the name, registered office address, objectives, and rules of the company. These documents should be drafted carefully to ensure compliance with legal requirements.

Step 5: Filing the Incorporation Application

Once the DSC, DIN, name approval, and MOA/AOA are in place, you can proceed with filing the incorporation application for the Section 8 Company. The application should be submitted to the Registrar of Companies (ROC) along with the necessary documents, including the signed MOA/AOA, address proof, identity proof, and other relevant forms.

After the application is submitted, the ROC will review the documents and if everything is in order, issue a Certificate of Incorporation. This certificate confirms the legal existence of the Section 8 Company.

Conclusion

Starting a Section 8 Company requires careful planning and adherence to legal procedures. By following the detailed procedure outlined above, you can successfully incorporate a Section 8 Company and contribute to the betterment of society. Remember to consult with professionals or seek legal advice to ensure compliance with all regulations.