All Professionals are  Under One Roof

Dedicated Support

500+ Positive Reviews

Client Satisfaction Guaranteed

Hello Auditor

What are the eligibility criteria for forming a Section 8 company?

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.

0 Comments

Submit a Comment

Your email address will not be published. Required fields are marked *