1. Objective and Purpose
- A Section 8 company is formed for promoting charitable, social, or non-profit objectives.
- Regular companies are primarily established for profit-making and commercial purposes.
- The profits of Section 8 companies must be reinvested into their objectives, while regular companies distribute profits among shareholders.
- Section 8 companies cannot declare dividends to members.
- The focus of Section 8 companies is public welfare, unlike the business orientation of regular companies.
2. Profit Distribution
- Section 8 companies are prohibited from distributing profits to members or directors.
- Regular companies can distribute profits as dividends to shareholders.
- In Section 8 companies, all earnings must be used to further the company’s stated objectives.
- Financial benefits are secondary to mission fulfillment in Section 8 companies.
- Profit-making in Section 8 companies is regulated and closely monitored by authorities.
3. Registration and Licensing
- Section 8 companies require a special license from the Central Government (through MCA).
- Regular companies only require registration with the Registrar of Companies.
- Additional declarations and documentation are mandatory for Section 8 registration.
- The approval process for Section 8 companies is more rigorous.
- The license granted to a Section 8 company can be revoked if objectives are not maintained.
4. Legal Benefits and Exemptions
- Section 8 companies enjoy tax exemptions under sections like 12AA and 80G of the Income Tax Act.
- Regular companies do not get such tax exemptions unless registered separately under applicable laws.
- Government grants and foreign contributions are more accessible to Section 8 entities.
- Stamp duty for incorporation is often waived or reduced for Section 8 companies.
- Compliance requirements may differ based on the purpose and type of the company.
5. Governance and Management
- Section 8 companies must follow strict rules on governance to ensure non-profit operations.
- The role of directors in Section 8 companies is more service-oriented than profit-driven.
- Governance must reflect transparency, accountability, and adherence to charitable purposes.
- Regular companies have more flexible structures to adapt business strategies.
- Changes in objectives or structure in Section 8 companies require prior approval from regulatory authorities.
0 Comments