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Hello Auditor

Can a Section 8 company have branches across India?

1. Permitted to Operate Nationally

  • Yes, a Section 8 company is legally allowed to open branches or offices anywhere in India.
  • There is no restriction under the Companies Act, 2013, on geographical expansion within the country.
  • Branches can support outreach, program implementation, or administrative operations.
  • Expansion must align with the company’s charitable and non-profit objectives.
  • Each branch functions as part of the same legal entity.

2. No Separate Incorporation Required for Branches

  • Branches do not need separate registration or incorporation.
  • They operate under the same CIN (Corporate Identification Number) and license granted to the main company.
  • Activities and financials of each branch must be consolidated in the company’s central books of accounts.
  • However, notification to authorities may be needed if the branch serves as a new registered office.
  • GST and local registrations may be separately required for operational compliance.

3. Board Approval and Documentation

  • The decision to establish a branch must be approved by the Board of Directors.
  • Resolutions should mention the location, purpose, and functions of the new branch.
  • Rent agreements, utility bills, and NOC from property owners are required if the branch is in rented premises.
  • These documents must be maintained for audit and statutory purposes.
  • Intimation of significant changes can be filed with the Registrar of Companies.

4. Compliance and Statutory Obligations

  • All branches must comply with applicable state laws, labor regulations, and local municipal rules.
  • Each branch’s transactions should be recorded accurately to maintain financial transparency.
  • Central statutory filings (AOC-4, MGT-7, ITR-7) must include data from all branches.
  • Donations, grants, and activities at each location must be tracked properly.
  • Separate GST registration may be required in each state if applicable.

5. Enhancing Reach and Impact

  • Establishing branches helps Section 8 companies expand their impact and reach underserved areas.
  • It allows better coordination of regional programs and localized service delivery.
  • Branches support decentralized management while maintaining unified governance.
  • This structure is particularly useful for education, healthcare, and livelihood projects.
  • Operational efficiency and public trust are improved with local presence.

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