1. Charitable or Non-Profit Objective
- The company must be formed to promote charitable or social causes.
- Permitted objectives include education, science, arts, environment, sports, religion, or welfare.
- The purpose must align with Section 8 of the Companies Act, 2013.
- Profit cannot be the main motive of the organization.
- Activities must contribute to public benefit rather than private gain.
2. Utilization of Profits
- Any income or profit must be applied solely towards the company’s objectives.
- Profit distribution to members, shareholders, or directors is prohibited.
- Funds must be reinvested in programs or operations furthering the cause.
- Financial practices must reflect the non-profit nature of the entity.
- Violation of profit restrictions may lead to cancellation of the company’s license.
3. Minimum Number of Members
- At least two members are required to form a private Section 8 company.
- At least seven members are required to form a public Section 8 company.
- There is no upper limit on the number of members.
- Members must be individuals or entities capable of entering into legal contracts.
- Directors and members can be the same individuals.
4. Indian Residency and Director Requirements
- At least one director must be an Indian resident (staying in India ≥182 days/year).
- All directors must have a valid Director Identification Number (DIN).
- Digital Signature Certificates (DSC) are mandatory for e-filing.
- Directors must not be disqualified under the Companies Act or convicted of fraud.
- Details must be submitted through the SPICe+ form during incorporation.
5. Compliance with Legal and Document Requirements
- The company must comply with procedural requirements under the Companies Act, 2013.
- Mandatory documents include PAN, Aadhaar, utility bill, office address proof, and NOC.
- Drafts of the MOA and AOA must reflect the non-profit objectives.
- Declarations and affidavits from promoters confirming compliance are required.
- All documentation must be submitted through the Ministry of Corporate Affairs portal.
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