An NGO (Non-Government Organization) is a company that works for philanthropic or non-profit causes. The Ministry of Corporate Affairs (MCA) is in charge of an NGO that has been established as a Section 8 company under the Companies Act, 2013 (the "Act"). In contrast, an NGO that has been registered as a trust or society is under the control of the State Government's Registrar of States.

Does an NGO have to be Registered?

In comparison to trust and society, Section 8 company incorporation checklist or incorporation offers more advantages. This kind of business enjoys greater trust with sponsors, government agencies, and other stakeholders. This article will describe how to register as an NGO under the Companies Act of 2013 as a Section 8 Company.

But first and foremost, let's dive into the benefits any company can get when doing section 8 NGO registrations online.

Added Benefits on Section 8 NGO Registration Online

The phrase "No Profit" does not imply that the company cannot make a profit or earn income; rather, it refers to using the money for product promotion rather than giving it to the promoters. It implies that while the company can make money, the promoters cannot profit from those dollars.

  1. Section 8 companies are eligible for a variety of benefits and exemptions under Company Law.
  2. Non-compliance with the Order for Companies Auditor's Report (CARO)
  3. Exemption from the Minimum Paid-Up Capital Requirement
  4. A registered partnership firm is eligible to join-in its own right.
  5. Stamp duty is waived for registration.
  6. Tax deductions for Company donations under Section 80G of the Income Tax

Requirements Essential To SECTION 8 Company Requirements For NGO Company Registration

  1. (For a Private Limited NGO) Minimum of 2 Shareholders and 7 Shareholders (for Public Limited NGO)
  2. For each Director, a DIN (Director Identification Number)
  3. (For a Private Limited Co.) A minimum of 2 Directors and 3 Directors (for Public Limited Co.)
  4. All Directors' DSCs (Digital Signature Certificates)
  5. The same person may serve as both directors and stockholders.
  6. Proof of address for proposed office location

Documents for Incorporation of Section 8 NGO Company

According to the Companies Act of 2013, you must present valid identification and proof of residence on the MCA portal in order to register a Section 8 NGO registration online.

  1. Directors' and shareholders' proof of identity and address
  2. Photos of the directors in passport size
  3. Aadhar Card Copy
  4. Copy of Voter ID or Driver's License
  5. PAN Card or Passport Copies (in case of foreign national or NRI)
  6. A copy of the most recent utility and bank statement
  7. Proof of Address for Registered Office
  8. Rent agreement for an office that is rented
  9. A certificate of no objection (NOC) from the occupant of the space

Documents You'll Receive When Registering Your Section 8 Business

After your Section 8 company is incorporated, you'll get the following paperwork:

  1. Certificate of Incorporation,
  2. License under Section
  3. The business's Permanent Account Number (PAN).
  4. The TAN (Tax Account Number) of the company
  5. Association Articles (AOA)
  6. Association Memorandum (MOA)
  7. Director Reference Number (DIN)
  8. Certificate for a digital signature (DSC)
  9. Registration documents for EPF and ESIC

Section 8 Company Registration Process

Step 1: Apply for a Certificate of Digital Signature (DSC)

Directors and subscribers to the company's memorandum must submit applications to the accredited agencies for a DSC. The entire DSC application procedure can be completed online in less than 24 hours. Three straightforward verifications—document, video, and phone—are required as part of this process.

Step 2: Application for Name Availability

The SPICE RUN form, which is a subset of the SPICE+ form, can be used to request a name for a Section 8 Company. When submitting the firm name application, the industrial activity code, and the object clause of the company should be stipulated.

Note: It is important to make sure that the company name does not conflict with any already existing trademarks or breach any of the requirements for names and emblems (Prevention of Improper Use Act, 1950).

Step 3: Section 8 License Application

Form INC-12 must be submitted to the Registrar of Companies in order to get the license under Section 8 Company. Before issuing a Certificate of Incorporation for a Section 8 business, the Ministry of Corporate Affairs issues an approval letter under Section 8 of Part 1, or a License under Section (1) of the Companies Act, 2013. After the Central Government has approved the form, ROC will issue a 6-digit Section 8 license number.

Step 4: Submit SPICE Form (INC-32)

After the name has been approved, the SPICE+ form must be filled out with information pertaining to the company's registration. It is a condensed form for electronically forming a company. The form's information is as follows:

  1. Information on the business
  2. Information about subscribers and members
  3. Director Identification Request Number (DIN)
  4. PAN and TAN applications
  5. Directors and subscribers' declaration
  6. Professional certification and declaration

Step 5: e-MOA (INC-33) and e-AoA Filing (INC-34)

The associated forms SPICE e-MoA and e-AoA must be created at the time of the company registration application.

Section 2(56) of the Companies Act 2013 defines the Memorandum of Association (MOA) as the foundation on which the company is built. It interpolates the constitution and objects of the company.

Section 2(5) of the Companies Act defines the Articles of Association (AOA). It includes a list of all policies and procedures pertaining to business management.

Step 6: COI issuing

PAN, TAN, and Certificates of Incorporation shall be granted by the relevant agency upon Ministry of Corporate Affairs clearance of the aforementioned documents. The business must now use these documents to open a current bank account.

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