1. Government & Regulatory Assistance MCA Helpdesk for filing-related queries NGO Darpan Portal (for grants/compliance tracking) Income Tax Department for 12A/80G certification 2. Professional Advisory Services Chartered Accountants for financial audits & IT...
Section 8 Company Registration Articles
What are the guidelines for fundraising by Section 8 companies?
1. Permissible Fundraising Methods Donations & Grants (from individuals, corporations, or foreign entities) CSR Funds under the Companies Act, 2013 Membership Fees (non-refundable) Government Schemes & Subsidies 2. Legal Compliance Requirements FCRA...
How to handle disputes among members or directors in a Section 8 company?
1. Governing Document Framework Refer to the MoA/AoA clauses on dispute resolution Follow predefined quorum and voting procedures for decisions Enforce conflict-of-interest policies for directors 2. Internal Resolution Mechanisms Mediation by the Governing Board...
What is the role of independent directors in Section 8 companies?
1. Governance & Compliance Oversight Ensure adherence to non-profit objectives under the Companies Act Monitor compliance with statutory filings (MCA, Income Tax, FCRA) Prevent misuse of funds or assets for personal gain 2. Financial Stewardship Review annual...
Are there any limitations on business activities for Section 8 companies?
1. Non-Profit Mandate Cannot engage in commercial trade for profit distribution All surplus income must be reinvested in charitable objectives 2. Restricted Revenue-Generating Activities Permitted to earn income only through: Donations & grants Membership fees...
Can Section 8 companies provide educational services?
1. Legal Permissibility Yes, Section 8 companies can legally establish and operate schools, colleges, training institutes, and other educational institutions. The Companies Act, 2013, explicitly allows educational services as a valid charitable objective. 2....
Can a Section 8 company be run from a residential address?
1. Legal Provisions for Registered Office The Companies Act, 2013 permits Section 8 companies to use a residential address as their registered office. No restriction exists on whether the office must be commercial or residential. 2. Documentation Requirements Proof of...
How to obtain a certificate of incorporation for a Section 8 company?
1. Eligibility & Prerequisites Must have charitable objectives (education, science, sports, etc.) Minimum 2 directors (no maximum limit) No minimum capital requirement 2. Name Approval Process Apply for name reservation via RUN (Reserve Unique Name) on the MCA...
Can a Section 8 company be listed on stock exchanges?
1. Legal Framework and Restrictions Section 8 companies are non-profit entities under the Companies Act, 2013. Stock exchange listing requires profit-making objectives, which conflict with Section 8 company norms. SEBI regulations prohibit non-profit organizations...
Are minutes of board meetings required for Section 8 companies?
1. Mandatory Requirement Under the Companies Act Yes, Section 8 companies are required to maintain minutes of all board meetings as mandated by the Companies Act, 2013. Minutes serve as the official record of the discussions, decisions, and resolutions passed during...