1. Indian Citizens or Foreign Nationals

• Any person, whether a resident of India or a foreign national, can become a member or director.
  
• Foreign nationals must comply with the provisions of the Foreign Exchange Management Act (FEMA) and other applicable regulations.
  
• There is no requirement for Indian citizenship for promoters, but one director must be a resident in India.

2. Minimum Members Requirement

• For a Private Section 8 Company: At least 2 members are needed.
  
• For a Public Section 8 Company: At least 7 members are required.
  
• There is no upper limit on the number of members.

3. Eligibility of Directors

• Directors must be individuals competent to enter into a contract (i.e., mentally sound and not disqualified by law).
  
• At least one director must be an Indian resident (staying in India for 120 days or more in the previous calendar year).
  
• Directors must obtain a DIN (Director Identification Number) and a DSC (Digital Signature Certificate).

4. Entities That Can Promote

• Partnerships, LLPs, companies, or other registered bodies can also be members or promoters.
  
• NGOs, Trusts, and Societies may also collaborate to form a Section 8 Company for broader outreach and legal structure.
  
• Corporate bodies can nominate individuals as directors to represent them.

5. Purpose Criteria

• The applicant must clearly define the charitable or non-profit objective of the proposed company.
  
• Acceptable purposes include education, health, environment, science, religion, arts, sports, welfare, and social service.
  
• The company must agree not to pay dividends to members and to reinvest income in promoting the objectives.