What is Section 8 Company Registration?
What is a Section 8 Company?
A Section 8 Company is a non-profit entity incorporated under the Companies Act, 2013 to promote charitable objects such as education, art, science, sports, social welfare, or environmental protection. Its income and profits must be applied only towards these objects — dividends cannot be distributed to members.
Who should register a Section 8 Company?
Founders running NGOs, foundations or social enterprises who want a corporate structure with credibility, limited liability and the ability to receive grants or CSR funding should register a Section 8 Company rather than a trust or society, especially if they plan to operate at scale or across states.
Why is Section 8 Company Registration Important for Your Business?
Credibility with donors and grant bodies
A Section 8 Company structure signals governance and is often required for CSR and government grants.
Limited liability for members
Members are not personally liable for the company's debts beyond their agreed contribution.
Tax exemptions available
Eligible Section 8 Companies can apply for 12A and 80G registration to receive tax-exempt donations.
No minimum capital requirement
Unlike other company forms, there is no prescribed minimum paid-up capital.
What Documents Are Required for Section 8 Company Registration?
What’s Included
- Name reservation with 'Section 8' license application (INC-12)
- DIN and DSC for all directors
- Drafting of MOA and AOA for charitable objects
- SPICe+ incorporation filing
- Certificate of Incorporation and Section 8 licence
Documents Needed
- PAN card and Aadhaar card of all directors/members
- Passport-size photograph of all directors
- Registered office address proof
- Statement of proposed charitable objects and estimated income/expenditure
How Section 8 Company Registration works
Step 1: Name & objects approval
We draft your charitable objects and file for name approval along with the Section 8 licence application. (3-5 working days)
Step 2: Document collection & DSC
Directors' KYC is collected and Digital Signature Certificates issued. (2-3 working days)
Step 3: SPICe+ filing
MOA, AOA and incorporation forms are filed with the Registrar of Companies. (4-5 working days)
Step 4: Licence & Certificate of Incorporation
The Regional Director grants the Section 8 licence and the Registrar issues the Certificate of Incorporation. (5-7 working days)
Apex Legal vs. typical providers
| What you get | Apex Legal | Typical providers |
|---|---|---|
| Named relationship manager | Yes — one point of contact | Often a rotating call queue |
| Fixed, upfront pricing | Quoted before work starts | Hidden charges common after filing |
| Documents vetted before filing | Yes, to avoid rejections | Often filed as submitted |
| Department queries handled | Included in your plan | Frequently billed as an extra |
| Compliance calendar after delivery | Provided automatically | Rarely offered |
Section 8 Company Registration questions
Can a Section 8 Company distribute profits?
No, all income must be applied towards the company's charitable objects — no dividends can be paid to members.
How is this different from a Trust or Society?
A Section 8 Company offers stronger governance, limited liability and is generally preferred for CSR funding and cross-state operations.
Can a Section 8 Company apply for 80G and 12A?
Yes, and doing so allows donors to claim tax deductions on their contributions.
Is there a minimum number of directors?
A minimum of two directors is required, same as a private company.
How long does registration take?
Typically 15-20 working days, as it includes an additional licence approval step from the Regional Director.