Section 8 Company (Non-Profit Organization)

OVERVIEW

In the realm of corporate entities driven by a social mission, Section 8 Companies stand out as beacons of altruism and social responsibility. These organizations, governed by Section 8 of the Companies Act, 2013 are dedicated to promoting charitable, educational, scientific, or other socially beneficial objectives. Let's explore the registration process, documentation requirements, and the myriad benefits of establishing a Section 8 Company.

DEFINITION

A Section 8 company is a company registered under Section 8 of the Companies Act, 2013. It is a non-profit organization that has the following objectives:

  • To promote arts, commerce, science, research, education, sports, charity, social welfare, religion, environmental protection, or other similar objects.  
  • To apply its profits, if any, or other income in promoting its objects.

Benefits of Section 8 Company

  • Tax benefits: Section 8 companies are eligible for tax exemptions under Section 80G of the Income Tax Act.
  • No minimum share capital: There is no minimum share capital requirement for a Section 8 company.
  • Separate legal entity: A Section 8 company is a separate legal entity from its members.
  • Perpetual existence: A Section 8 company has perpetual existence, meaning that it will continue to exist even if its members die or leave.
  • Increased credibility: Section 8 companies are subject to stricter regulations than other types of non-profit organizations, which can increase their credibility.

Features of Section 8 Company

  • Non-profit motive: The primary motive of a Section 8 company is not to earn profit, but to promote its objects.
  • No dividend distribution: A Section 8 company cannot distribute any dividends to its members.
  • Limited liability: The liability of the members of a Section 8 company is limited to the amount they have contributed to the company.
  • Government license: A Section 8 company requires a license from the Central Government to operate.
  • Restrictions on alteration of memorandum and articles of association: A Section 8 company cannot alter its memorandum or articles of association without the prior approval of the Central Government.
  • Restrictions on winding up: A Section 8 company cannot be wound up without the prior approval of the Central Government.
 
     
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