StartupGrants India

Section 8 Company Registration

The corporate NGO structure — preferred by CSR donors and FCRA applicants

Validity: Perpetual (as long as compliant with MCA and the Income Tax Act for 12A/80G)Handled by verified compliance experts. 100% online process.

What is Section 8 Company Registration?

Register a Section 8 Company (non-profit) under the Companies Act 2013 — the most credible corporate structure for social enterprises, foundations, and educational institutions seeking CSR and institutional funding.

Section 8 companies require a licence from the Central Government (Regional Director's office) before incorporation. The licence prohibits payment of dividends to members — all surplus must be applied to promote the company's objects.

Who Needs Section 8 Company Registration?

Social enterprises, foundations set up by corporate groups, hospitals, educational institutions, sports bodies, and NGOs that want a more structured and regulated corporate form for non-profit activities.

What's Included

  • Central Government Section 8 licence (Form INC-12)
  • SPICe+ incorporation filing
  • MoA and AoA tailored for non-profit objects
  • 12A income tax exemption application
  • 80G donor deduction certificate application
  • Stronger CSR and institutional donor credibility than Trust/Society

⚠️ Penalty for Non-Compliance

Dividend distribution to members in a Section 8 company is prohibited and attracts revocation of the Section 8 licence, converting it to an ordinary company with all attendant commercial taxes.

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How It Works

  1. 1

    Name Reservation

    The proposed name must indicate the non-profit nature (e.g., Foundation, Centre, Association, Institute).

  2. 2

    Regional Director Licence Application

    Form INC-12 is filed with the Regional Director (Ministry of Corporate Affairs) for the Section 8 licence, along with detailed objects and activities.

  3. 3

    Licence Grant

    The Regional Director reviews and grants the licence — typically within 15–20 working days.

  4. 4

    SPICe+ Incorporation

    Using the licence, SPICe+ is filed with MCA to complete incorporation. The company does not need 'Private Limited' in its name.

  5. 5

    12A and 80G Registration

    We assist with applying for 12A (income tax exemption) and 80G (donor deduction) certificates from the Income Tax Department.

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Documents Required

Items marked Required are mandatory; others are situational.

Promoter Documents

  • PAN Card of each promoterRequired

    Self-attested copy

  • Aadhaar Card of each promoterRequired

    Address verification

  • Passport-size photographsRequired

    2 copies per promoter

Organisation Details

  • Mission and objects of the organisationRequired

    Must be charitable such as education, art, science, sports, or social welfare

  • 3 proposed company name optionsRequired

    Name must reflect non-profit nature

  • Draft MOA & AOARequired

    We prepare these as per Companies Act 2013 Schedule I

Registered Office Proof

  • Latest utility billRequired

    Not older than 2 months

  • NOC from property ownerRequired

    On plain paper, signed by owner

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Fees & Pricing

Government Fees

Name reservation (RUN)

One-time fee

1,000

INC-12 licence application

Central government licence for Section 8

2,000

SPICe+ e-form filing

NIL for standard authorized capital

Free

Stamp duty on MOA/AOA

Varies by state

Varies

Professional Fees

Section 8 incorporation package

Includes INC-12, SPICe+, MOA/AOA drafting, 12A/80G filing assistance

Varies
Total (approx.)3,000

* Government fees may vary. GST applicable on professional fees. Final pricing confirmed after review.

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Frequently Asked Questions

What is the difference between a Section 8 Company and a Trust?

Section 8 is governed by the Companies Act 2013 (stricter, more transparent). A Trust is governed by the Indian Trusts Act 1882 (less regulated, easier to form). Section 8 is preferred by institutional donors and for FCRA because of stronger governance.

Can a Section 8 Company do commercial activities?

Yes, but only if the profits from those activities are reinvested into the organisation's non-profit objectives. It cannot distribute profits to members.

How long does Section 8 registration take?

15–20 working days for the Regional Director licence, plus 5–7 days for MCA incorporation — total around 20–30 working days.

Can a Section 8 Company receive foreign donations?

Not directly without FCRA registration. After 3 years of existence, a Section 8 Company can apply for FCRA registration to receive foreign contributions.

What does Section 8 company registration cost?

Government charges include name reservation (Rs 1,000) and the INC-12 licence application (Rs 2,000); SPICe+ filing is nil for standard authorized capital, plus state-varying stamp duty on the MOA/AOA.

What documents are required for Section 8 registration?

PAN and Aadhaar of all directors/promoters, their address proof, registered office address proof, and a detailed statement of the entity's proposed objects and activities.

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