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BENEFITS OF SECTION 8 NGO COMPANY REGISTRATION

Section 8 Company or a Non-Profit organisation (NPO) is a Company established for promoting commerce, art, science, religion, sports, education, research activities, charity or any other useful social object, provided the profits and donations is applied for promoting only the objects of the company and no dividend is paid to its members or owners.

The term No Profit does not mean that the Company cannot generate profit or income, but what it means is applying the income for promotion of the object and not for distributing it to the promoters. It means that the Company can earn profits but the promoters cannot be benefitted out of those profits.

  • Many privileges and exemptions are available to section 8 company under Company Law
  • Non-application of Companies Auditor's Report Order (CARO)
  • Exemption from requirement of Minimum Paid-up capital
  • Registered partnership firm can be a member in its own capacity
  • Exemption of Stamp duty for registration
  • Tax deductions to the donors of the Company u/s. 80G of the Income Tax

MINIMUM REQUIREMENTS FOR SECTION 8 NGO COMPANY REGISTRATION

  • Minimum 2 Shareholders (for Private Limited NGO) and 7 Shareholders (for Public Limited NGO)
  • DIN (Director Identification Number) for all the Directors
  • Minimum 2 Directors (for Private Limited Co.) and 3 Directors (for Public Limited Co.)
  • DSC (Digital Signature Certificate) for all of the Directors
  • The directors and shareholders can be same person
  • Address proof for proposed office address

WHAT ALL YOU GET

  • DIN for 2 Directors
  • MOA + AOA
  • Customized Incorporation Master File
  • Digital Signature for 1 Director
  • Incorporation Certificate
  • Company PAN Card
  • Company Name Approval
  • New Incorporation Kit
  • Company TAN/TDS Number

LET'S CLEAR ALL THE DOUBTS!

What documents required to set up NGO Company in India?

You need to arrange very simple documents of director like photograph, Pan card and one address proof. For more details, please fill the above details and

Do I have to have office (commercial) space to start a Company?

No, commercial office space is not required. You can show your own residential or rented home address as the registered office address of the Company. This office address can be changed at any time after incorporation of the company. Once your startup is set up, stable and ready to move on to a nice corporate space you can change the registered office address by informing to the ROC office.

Who is Registrar of Company (ROC)?

ROC is a Government office with whom companies get registered. Every State has one ROC office except Maharashtra and Tamilnadu where there are two ROC offices. In Maharashtra companies are registered with Mumbai & Pune ROC. In Tamilnadu companies are incorporated at Chennai and Coimbatore ROCs. In all other States like Delhi there is only one ROC office, like at Bangalore, Hyderabad and so on.

Do I have to physically visit ROC Office while Setting up company?

No. Startupwala provides complete online Company Incorporation process. All legal documentation and visits are done by Startupwala.

Is Private Limited Incorporation to be renewed every year?

No. Once the company is formed, it will be valid till it is officially closed down by the owners. No renewal or fees is required. However, every year companies have to file very basic returns with ROC office.

What is a DIN?

Director Identification Number (DIN) is a unique identification number required for a person to become a director of a company. DIN is issued by ROC office (Ministry of Corporate Affairs) It is similar to a PAN Card number.DIN is to be mentioned in documents while appointing a person as a director of a company.

What is a DSC?

A digital signature is electronic signature, which is in the form of codes. It is used for signing the electronic forms, filed with ROC for incorporation of Company. Digital Signature cannot be used in physical documents.

What is Company name search? Why it is important for new company registration?

Company name is very important part in registration of company. The company name is divided into 3 Parts:
1) Keyword (brand name like TATA or Flipkart)
2) Activity word (i.e. showing nature of business like Software)
3) Business Type word (i.e. Pvt. Ltd. or LLP). For Incorporation of company, the suggested name should not match with existing companies or trademark.

What is MOA & AOA of company?

MOA means Memorandum of Association and AOA means Articles of Association. These are the byelaws or rules based on which important matters like main business of the company or meetings is decided. These are standard legal documents prepared by Company Secretaries during registration of the Company.

Can Section 8 Company distribute its profit to anyone?

Profit or Income of Non Profit Company can only be used for promotion of the charity work in which it is involved. Even declaration of dividend or distribution of profit to its promoters is not allowed

Can promoters of Non profit company can be employed as paid employee of the company?

No. Promoters of Non profit company cannot be employed as paid employee of the company

Can a Section 8 company be converted into private limited company?

Yes, Section 8 company be converted into private limited company after taking the approval from ROC.