Section 8 Company registration in Bihar- A Section 8 Company is a non-profit organization that is formed with the objective of promoting social welfare, education, art, science, religion, charity, or any other non-profitable purpose. These companies are registered under Section 8 of the Companies Act, 2013 and are exempt from paying income tax. In this note, we will explore the key features, advantages, disadvantages, and requirements for registering a Section 8 company in Bihar.
Section 8 Company is a company that is established with the objective of promoting commerce, arts, science, education, religion, charity, or any other non-profitable purpose. These companies are not formed for the purpose of making profits and any profits earned are reinvested in the company for the fulfillment of its objectives.
- Limited liability for members
- No requirement for minimum paid-up capital
- Tax exemptions for income earned by the company
- Must have a minimum of two directors and two shareholders
- Profits earned must be reinvested in the company for the fulfillment of its objectives
- Prohibition on the payment of dividends to shareholders
Types: Section 8 companies can be divided into two types based on their activities:
- Charitable Company: This type of Section 8 company is established for the purpose of promoting charitable activities such as education, healthcare, relief of poverty, and the advancement of any other socially beneficial purpose.
- Non-Charitable Company: This type of Section 8 company is established for the purpose of promoting activities such as art, science, education, research, and other non-profitable activities.
Costs: The costs involved in the registration of a Section 8 company in Bihar include the fees for name reservation, drafting of the Memorandum of Association and Articles of Association, and registration fees with the Registrar of Companies. The cost can vary based on the authorized capital of the company and other factors.
Time involved: The time involved in the registration of a Section 8 company can vary depending on the completeness of the application and the workload of the Registrar of Companies. On average, it can take between 20-30 days to complete the registration process.
- Limited liability for members
- Tax exemptions for income earned by the company
- Increased credibility and trust among donors and stakeholders
- Perpetual succession ensures that the company continues to exist even if its members change
- Stringent regulatory compliance and reporting requirements
- Limited flexibility in changing the company’s objectives or activities
- Restriction on the payment of dividends to shareholders
Registration Requirements: To register a Section 8 company in Bihar, the following documents are required:
- Memorandum of Association and Articles of Association
- Copy of PAN Card and Address Proof of Directors and Shareholders
- Digital Signature Certificate of at least one Director
- Proof of Registered Office Address
- NOC from the landlord
- Form INC-12 (Application for grant of license under Section 8)
A Section 8 company is a suitable option for individuals who wish to promote charitable or non-profitable activities without the objective of earning profits. The registration process involves a significant amount of documentation and compliance requirements. It is important to seek professional assistance for the registration process to ensure compliance with all legal requirements.
Section 8 Company is named after the Section 8 of the Companies Act, 2013. The portion applies to the wire of a relationship for propelling business, religion, workmanship and culture, preparing, generosity, ask about, science, sports, social government assistance, biological security or another advantageous objective; , gave that any possible procured advantages might be associated for propelling the objections of the connection and no benefit is to paid to its people.
Procedure for a section 8 company registration:
Name endorsement of the organization
Advanced Signature Certificate (DSC) of Director
Chief Identification Number
Support of various subject matter experts
Procuring Section 8 Company License
Container and TAN
Opening of Bank Account
Benefits of Section 8 Company registration
Charge Exemption: Numerous Tax special cases are given to Section 8 Companies, expressly to the supporters who are adding to Section 8 Companies, they can ensure the Tax prohibition against the gift they made to a Section 8 association.
No base capital need: There is no supported limit over Section 8 Company for the base capital essential not by any stretch of the imagination like various components, for instance, open compelled, but the capital design can be altered at any stage as the expected for the advancement of the association.
No stamp commitment payable: A Section 8 Company is absolved for the portion of stamp commitment material for selection as significant in the event that there ought to be an event of various designs, for instance, private compelled or an open limited association.
Separate Legal Entity: Company genuine substance are confined than its financial backers/promoters.
Unending Existence: Company presence will go for ever and its world won’t be impacted by the downfall of financial backers, bosses or move of offers to others.
Validity: A Section 8 Company has more noteworthy acceptability when appeared differently in relation to some other Non-benefit affiliation structure be it a Trust or Society. As it is an approved by the central government. It has progressively rigid rules, for instance, no change in MOA and AOA ought to be conceivable at any stage or situation in a Section 8 Company. A section 8 association due its demanding compliances as regard to working has an inexorably reliable picture interestingly, with other legitimate designs.
No title required: Unlike the names necessities of the private compelled or an open limited association, a section 8 association doesn’t need to use an expansion close by its name.
Frequently Asked Questions
- What are the extra necessity for section 8 company registration?
Various structures should be documented to apply for permit.
The main structure is eForm INC 12 under segment 8 of the Companies Act, 2013.
- What amount of time will the section 8 company registration require?
The entire circuit process under portion 8 of Companies Act 2013 gets completed on getting the grant and issue of the solidification statement. The whole system can be closed in less than 15 days. The time taken depends upon the huge chronicles given by the competitor and speed of supports from government. To ensure a speedy enlistment process, it is urged to get a stand-out name for the proposed association and guarantee that every one of the necessary files are available prior to starting the system of selection
In Bihar, a NGO can be enlisted as any of the three designs being Company under Section 8 of the Companies Act, 2013(section 25, organizations act 1956), Trust or Society.
Section 8 Company organization of a NGO is most well known type of NGO in India. It is not difficult to enlist, run or deal with a Section 8 Company in examination of a Trust and a Society.
What are key elements of a part 8 organization?
The vital qualities of a NGO area 8 organization are:
Object: *It works for normal government assistance of masses at large, for advancement of business, workmanship, science, sports, instruction, research, social government assistance, religion, good cause, assurance of climate or any such other article.
Benefit Earning: *The objective isn’t to procure benefit. Assuming that any benefit is acquired during course of its activity, the equivalent isn’t to be divided between proprietors/individuals fairly used for accomplishing the articles for which NGO was shaped.
Usage of assets and income: *The benefits, if any, or other pay is utilized towards advancing of explicit objects of NGO. Further there is limitation on statement of benefits as profit to individuals.
Section 8 Company is an organization enrolled as a Non-benefit association with beneficent items like the advancement of Arts, business, science, training, sports, insurance of the climate, religion, good cause, and so on. The Companies Act, 2013 doesn’t confine it from procuring benefits but instead forbids conveyance of benefits among individuals. The benefits determined by such organization will be used uniquely towards advancing its articles.
Section 8 company, as per the Companies Act, 2013, is a non-profit organization that is formed for promoting education, arts, science, commerce, charity, social welfare, religion, or any other non-profitable object. These companies are registered under Section 8 of the Companies Act, 2013, and are exempt from paying income tax. The main objective of these companies is to provide benefits to society without earning profits.