1. Minimum Member Requirement

• A Section 8 company must have at least two members for incorporation as a private limited company.
  
• If it is to be registered as a public limited Section 8 company, it must have at least seven members.
  
• A single person cannot register a Section 8 company on their own.
  
• This is because the Companies Act, 2013, does not allow one-person companies to be formed as Section 8 entities.
  
• The requirement ensures collective governance and accountability.
  

2. Role of Subscribers and Directors

• The minimum number of subscribers to the Memorandum of Association must be two or more.
  
• At least two directors are required for a private Section 8 company, and three for a public one.
  
• These individuals may also be the same as the members, but they cannot be a single person.
  
• All subscribers must agree to the company’s charitable objectives.
  
• Each subscriber must digitally sign the incorporation documents.
  

3. Legal Framework Restriction

• The Companies Act explicitly excludes Section 8 companies from being incorporated as One Person Companies (OPCs).
  
• Section 8 companies are formed for promoting welfare and public interest, requiring more than one stakeholder.
  
• This restriction supports better oversight, transparency, and shared responsibility.
  
• Legal documentation and licensing processes also require multiple signatories.
  
• This ensures legitimacy and adherence to non-profit principles.
  

4. Alternatives for Individuals

• An individual interested in charitable activities can collaborate with at least one other person to register a Section 8 company.
  
• Alternatively, the individual can explore forming a trust or a society, which may have simpler structures.
  
• However, Section 8 companies offer better credibility and regulatory benefits.
  
• Collaborating with like-minded professionals or stakeholders is essential for formation.
  
• Professional support can help structure the organization legally and effectively.
  

5. Compliance with Incorporation Rules

• During registration, the SPICe+ form will not proceed unless the minimum member requirement is met.
  
• Forms must be digitally signed by multiple applicants and directors.
  
• Supporting declarations, such as INC-15 and MOA/AOA, require at least two signatories.
  
• The ROC and Regional Director will not approve a single-member application.
  
• Full compliance ensures smooth licensing and future operational legitimacy.