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Typically 15 to 25 working days

Section 8 Company Registration

The most credible structure for a non profit. Better governance and donor confidence than a trust or society, which matters when you are applying for grants or CSR funding.

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TIMELINE

15 to 25 working days

MINIMUM MEMBERS

2 directors, 2 shareholders

GOVERNED BY

Companies Act, 2013

BEST FOR

NGOs seeking grants and CSR funds

What is included

  • Digital Signature Certificates for directors
  • Name reservation with the MCA
  • Section 8 licence application
  • Drafting of objects clause, MOA and AOA
  • SPICe+ incorporation filing
  • Certificate of Incorporation
  • Company PAN and TAN
  • Guidance on 12A, 80G and CSR registration

Documents you will need

From every director and shareholder

  • PAN card
  • Aadhaar card
  • Passport size photograph
  • Address proof not older than two months

For the registered office

  • Latest utility bill for the premises
  • Rent agreement, if rented
  • No Objection Certificate from the owner
  • Statement of proposed activities and projected income

How the filing runs

Objects and name

The charitable objects are drafted first, because the licence turns on them. The name is then reserved.

Licence application

The application for a Section 8 licence is filed with the projected income and expenditure statement and a declaration of intended activities.

Incorporation

Once the licence is granted, incorporation is filed and the Registrar issues the Certificate of Incorporation.

Tax registrations

12A and 80G registrations are applied for separately, and CSR-1 is required before receiving corporate CSR funds.

Incorporation alone does not make donations tax deductible

A Section 8 licence establishes the non profit character of the company. It does not by itself exempt your income or make donations deductible for the donor. That requires separate 12A and 80G registrations with the Income Tax Department, and CSR-1 registration before any company can route CSR funds to you. Organisations frequently incorporate, start fundraising, and only then discover the donor cannot claim a deduction.

Common questions

A Section 8 Company has the strongest governance and is usually preferred by institutional donors and CSR funders. Trusts and societies are quicker and cheaper to set up but carry less credibility with large funders.

No. Income must be applied towards the objects of the company. No dividend can be paid to members, and this is a condition of the licence.

Reasonable remuneration for actual services rendered is permitted, but it must be genuine and proportionate. Using salaries to distribute surplus risks the licence.

Only with separate FCRA registration or prior permission from the Ministry of Home Affairs. A Section 8 licence does not permit foreign contributions on its own.

The same annual filings as any company, including ROC returns, audited accounts and income tax returns, plus the conditions attached to 12A and 80G.

Ready to register your NGO?

Tell us about your objects and we will confirm the structure and registrations you need.

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