Limited Liability Protection
Members and directors of a Section 8 Company are not personally responsible for the company’s debts and liabilities beyond their investment.
Shree Meeracorp Pvt Ltd
Professional guidance from Shree Meeracorp
A Section 8 Company is a special type of non-profit organization registered under the Companies Act, 2013 in India. It is formed with the purpose of promoting charitable, social, educational, or environmental objectives rather than earning profits. Any…
Legal Advisor
8800896808
Members and directors of a Section 8 Company are not personally responsible for the company’s debts and liabilities beyond their investment.
The company is treated as a separate legal entity that can own property, enter contracts, and take legal actions in its own name.
Section 8 Companies can avail tax exemptions under relevant provisions such as Section 12A and Section 80G of the Income Tax Act.
Due to its non-profit nature and regulatory oversight, a Section 8 Company gains greater trust from donors, investors, and the public.
There is no minimum paid-up capital requirement, allowing founders to start the organization with minimal financial resources.
The company continues to exist even if its members or directors change, ensuring long-term stability and continuity.
The proposed directors must first obtain a Digital Signature Certificate to sign documents electronically.
Directors must obtain a Director Identification Number from the Ministry of Corporate Affairs.
A unique company name must be reserved through the SPICe+ Part A form on the MCA portal.
The Memorandum of Association (MOA) and Articles of Association (AOA) are drafted to define the company’s objectives and operational rules.
The company must apply for a special license under Section 8 by filing the required forms with the Registrar of Companies.
The incorporation application is submitted along with required documents through SPICe+ Part B.
After verification and approval, the Registrar of Companies issues the Certificate of Incorporation and the Section 8 license.
A private Section 8 Company requires at least 2 members and 2 directors, while a public Section 8 Company requires 7 members and 3 directors.
No, a Section 8 Company cannot distribute profits to its members. Any surplus income must be reinvested in the organization to achieve its objectives.
No, there is no mandatory minimum paid-up capital requirement to start a Section 8 Company.
Yes, Section 8 Companies can receive donations and funding for charitable activities, and donors may also receive tax benefits if the company is registered under relevant tax provisions.
Speak to our Lucknow team about your business requirement.