Business Formation
Section 8 Company Registration in India
The corporate structure for not-for-profit work — licence application, charitable objects drafted properly, and MCA filings handled by a CA-led team.
- Licence application under Section 8
- Objects and MoA drafted for charitable purpose
- SPICe+ filing with MCA
- Guidance on 12A, 80G and CSR eligibility
- Companies Act, 2013
- Section 8 licence
- SPICe+
- Not-for-profit
Registration package
Section 8 Company
On quoteafter scope review
- Directors
- Minimum 2 (private form)
- Members
- Minimum 2 (private form)
- Profit distribution
- Not permitted
- Registered office
- India
- Name reservation
- DSC support
- DIN through incorporation
- Licence application under Section 8
- MoA and AoA drafting
- SPICe+ filing
- PAN and TAN
- Certificate of Incorporation with licence
*Fees depend on the number of partners or directors, state-specific stamp duty and statutory charges, and the scope confirmed after review. Government charges are payable at actuals.
Licence
Section 8
MCA
SPICe+ filing
Objects
Drafted carefully
Documents
Checklist ready
Professionally reviewed by CA Suraj SoniLast reviewed
Is this right for you?
Should you register a Section 8 company?
Usually a strong fit if you
- intend to promote charitable, educational, social, environmental or similar objects
- will apply income and profits only towards those objects
- want a corporate structure with MCA-level governance and transparency
- expect institutional donors, grants or CSR funding that prefer strong governance
- want a structure that continues beyond its founders
Consider another structure if you
- intend to distribute profits or dividends to members
- want the lightest possible compliance — a trust or society may suit better
- are running a commercial business with a social angle
- need to set up very quickly with minimal documentation
This is a general orientation, not individual legal advice. Trust, society and Section 8 company routes each carry different governance and tax consequences.
What exactly is a Section 8 company?
A Section 8 company is a company licensed under Section 8 of the Companies Act, 2013 to promote objects such as commerce, art, science, sport, education, research, social welfare, religion, charity or environmental protection. It must apply its profits and income towards promoting those objects and is prohibited from paying dividends to its members. In exchange, it carries the credibility, governance and continuity of a company.
Purpose-bound objects
The MoA must state charitable or similar objects, and activity must remain within them.
No dividend
Income and profits are applied to the objects; distribution to members is prohibited.
Corporate governance
Board processes, statutory records and MCA filings apply as for other companies.
Licence-based
The company exists only under a licence granted by the Central Government through the prescribed process.
Why founders choose this structure
Donor and grant credibility
Corporate governance and MCA-visible records support diligence by institutional donors and grant-making bodies.
Limited liability
Members' liability is limited, unlike in many informal not-for-profit arrangements.
Separate legal identity
The company holds property, contracts and bank accounts in its own name.
Perpetual succession
The organisation continues despite changes in members or directors.
Structured governance
Board processes, records and audits create accountability that funders look for.
Recognised nationwide
A single national registration, unlike state-level society or trust registration.
Eligibility and basic requirements
Charitable or similar objects
Objects must fall within those specified in Section 8 — such as commerce, art, science, education, research, sport, social welfare, religion, charity or environmental protection.
Application of income
Profits and income must be applied towards promoting the objects; no dividend may be paid to members.
Minimum members and directors
For the private company form, at least two members and two directors are required; the public form requires more.
Licence from the Central Government
The company can be registered only where a licence is granted through the prescribed process.
No minimum capital
No minimum paid-up capital is prescribed, but proposed funding should be credible and documented.
Registered office in India
A valid Indian address with supporting proof is required.
Readiness check
Is your not-for-profit ready to register?
0/6
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Getting started
Let's get the basics in place.
- 01
Are your objects clearly charitable, educational, social or similar?
- 02
Do you accept that no dividend or profit can be distributed to members?
- 03
Do you have at least two proposed directors and members?
- 04
Can you describe your planned activities and funding sources in detail?
- 05
Do you have registered-office proof with an owner NOC where needed?
- 06
Are you prepared for company-level annual compliance and audit?
Your score is only a starting point. A short consultation can confirm your proposed structure, name strategy and documentation before filing begins.
0/6
0%
Getting started
Let's get the basics in place.
- Objects
- Directors
- Activities
- Funding
- Office address
Documents you'll need
- PAN of every proposed director and subscriber
- Identity proof (Aadhaar, passport, voter ID or driving licence)
- Address proof — recent bank statement or utility bill
- Passport-size photographs
- Email address and mobile number for each subscriber
From charitable intent to a licensed company.
The objects clause and declarations decide this application. They are drafted, not templated.
- 01Day 1–3
Purpose & structure review
Your objects, activities, funding sources and governance plan are reviewed to confirm Section 8 is the right route.
- 02Day 2–5
Documents & KYC
Promoter KYC, registered-office proof and details of proposed activities are collected and verified.
- 03Day 4–8
Digital signatures & name
DSCs are arranged and a name is applied for, following the naming conventions applicable to Section 8 companies.
- 04Day 6–12
Drafting & declarations
MoA, AoA, estimated income and expenditure, and the prescribed declarations are prepared for signature.
- 05Day 10–15
Licence & incorporation filing
The licence application and incorporation forms are filed with the Registrar with all attachments.
- 06Varies
Government processing
The application is examined and clarifications are handled by our team. Section 8 applications are scrutinised more closely than ordinary incorporations.
- 07On approval
Certificate & next steps
You receive the Certificate of Incorporation with the licence, PAN and TAN, and a briefing on 12A, 80G and ongoing compliance.
Trust, society or Section 8 company?
Talk to a professional before you commit to a structure.
Your registration kit
Everything required to obtain your Section 8 licence and incorporate.
- 01
Object and structure consultation
IncludedWhether Section 8, trust or society fits your purpose, funding plans and governance appetite.
- 02
Name reservation
IncludedAvailability review against MCA naming rules applicable to Section 8 companies, and name application.
- 03
Digital Signature Certificates
IncludedDSC procurement support for the proposed directors and subscribers.
- 04
Licence application under Section 8
IncludedApplication for the licence prepared with the prescribed declarations and supporting statements.
- 05
MoA and AoA drafting
IncludedObjects, application of income and governance provisions drafted in the formats prescribed for Section 8 companies.
- 06
Projected statements and declarations
IncludedEstimated income and expenditure and the prescribed declarations prepared for the application.
- 07
SPICe+ incorporation filing
IncludedIncorporation application filed with the Registrar along with PAN and TAN requests.
- 08
Certificate of Incorporation & licence
IncludedHanded over on approval with your statutory identifiers and a compliance briefing.
- 09
12A and 80G registration support
On requestApplications under income-tax law, taken up separately after incorporation, subject to eligibility.
- 10
CSR-related registration
On requestRegistration required for receiving CSR funding, handled separately where you intend to seek it.
12A, 80G, CSR and foreign-contribution registrations are separate approvals under separate laws. Incorporation as a Section 8 company does not by itself grant any tax exemption.
What Section 8 registration costs
Section 8 applications require more drafting and scrutiny than an ordinary incorporation, and cost depends on the number of directors, state charges and whether you also want 12A and 80G support. We confirm your figure in writing before starting.
All-inclusive from
On quoteonwards*
Professional fee
MYFINTAX feeStructure advice, objects and MoA drafting, declarations, licence application and departmental follow-up.
MCA filing fees
StatutoryStatutory fees for name reservation, licence application and incorporation forms, payable at actuals.
Stamp duty
StatutoryState-specific stamp duty on incorporation documents, payable at actuals.
12A / 80G applications
VariesQuoted separately, as they are distinct approvals under income-tax law.
Government charges are payable at actuals and can change. Nothing is filed before you approve the scope and cost.
After registration
What a Section 8 company must do next.
Week 1
Set up governance
- Hold the first board meeting
- Open the company bank account
- Adopt accounting and donation policies
- Maintain statutory registers from day one
Month 1–3
Tax registrations
- 12A registration application, subject to eligibility
- 80G registration for donor deduction, subject to eligibility
- TAN-based TDS process where applicable
- CSR-related registration where CSR funding is intended
Ongoing
Programme and books
- Separate tracking of restricted and unrestricted funds
- Donation receipts and donor records
- Bookkeeping and periodic reconciliation
- Board meetings at the prescribed intervals
Annual
Statutory filings
- ROC annual filings
- Statutory audit
- Income-tax return of the company
- Reporting required under the registrations you hold
Foreign contributions are governed by separate legislation with its own eligibility and registration requirements; this needs specific review before any foreign donation is accepted.
Governance is what keeps funding coming.
Accounting, audit coordination, tax filings and ongoing compliance sit with the same team, so your reporting stands up to donor and departmental scrutiny.
- Accounting & Bookkeeping
- ROC Annual Compliance
- Income Tax Return Filing
- TDS Return Filing
- Business Advisory
Where Section 8 applications go wrong
Vague objects
Broad or commercial-sounding objects invite queries. The MoA must describe genuine, specific charitable activity.
Assuming tax exemption is automatic
A Section 8 licence is company law. Exemption and donor deduction require separate 12A and 80G registrations, subject to eligibility.
Unrealistic projections
Estimated income and expenditure should be credible and consistent with the activities described.
Planning to pay profits to members
Any arrangement that distributes surplus to members is incompatible with Section 8 and risks the licence.
Underestimating compliance
Section 8 companies carry full company-level filings and audit alongside donor reporting obligations.
Why MYFINTAX
CA-led judgement
Your structure and documents are reviewed by a Chartered Accountant, not simply pushed through a form.
End-to-end responsibility
One team from documentation to registration and the compliance that follows.
Transparent scope
You know what is professional fee, what is statutory and what varies before you commit.
Business-first advice
Structure is recommended against your plans, not sold as a default.
Continuity
Accounting, GST, TDS, payroll, ROC and CFO support sit in the same ecosystem when you need them.
“MYFINTAX has been a true partner in our compliance journey. From GST filings and ROC annual returns to trademark registration, everything is handled professionally and on time. Their proactive approach has helped our creative brand stay protected and compliant.”
Snehal Tripathi
Director, Roboto Studio Pvt Ltd
“Our export compliance, IEC, and legal structuring were managed end-to-end by MYFINTAX. Their expert guidance on Startup India registration and tax exemption eligibility was particularly valuable for our global trade operations.”
Shweta SK Tirkey
Director, ArchAngel Exim Private Limited
“As a financial services business, MYFINTAX's assistance with DPIIT recognition, income tax filings, and trademark protection gave us the right support for our growth journey. Their team understands the nuances of regulatory compliance and startup taxation and provides practical guidance whenever required.”
Nitin Nashine
Director, GISA Insurance Brokers Limited
Registration is not the same as tax exemption.
12A and 80G registrations under income-tax law are separate applications with their own eligibility conditions. We assess and apply once you are incorporated.
Talk to a professionalFAQs
Section 8 Company Registration in India — questions founders ask
Still unsure? A short call with a Chartered Accountant is usually faster than reading one more page.
Let's build together
Ready to register your Section 8 company?
Get your objects, licence application and governance right the first time — and support for the tax registrations that follow.
CA Suraj Soni · Chartered Accountant · Founder, MYFINTAX
Content reviewed for current regulatory and procedural relevance on .
Section 8 of the Companies Act, 2013, the rules governing licence to not-for-profit companies, and the MCA incorporation process.
Content is for general informational purposes and does not constitute case-specific professional advice. Requirements, fees and processing depend on your facts and current Government procedure.
Related services
- Private Limited Company RegistrationFor commercial, for-profit ventures.
- ROC Annual ComplianceAnnual filings and statutory records.
- Accounting & BookkeepingFund-wise books and donor reporting.
- Income Tax Return FilingReturns for the organisation.
- TDS Return FilingQuarterly statements where you deduct.
- Business AdvisoryStructure and governance guidance.