To register a Section 8 Company (Non-Governmental Organization) in India, you will need to provide specific documents for the registration process. Here’s a comprehensive list of the documents required:

1. Director Identification Number (DIN) and Digital Signature Certificate (DSC)

• DSC of all directors
• DIN of all proposed directors

2. Documents of Directors and Members

• PAN Card of all directors and members
• Identity Proof (Aadhar Card, Voter ID, Passport, Driving License) of all directors and members
• Address Proof (Bank Statement, Electricity Bill, Telephone Bill) not older than 2 months

3. Proof of Registered Office Address

• Electricity Bill or Water Bill of the registered office address (not older than 2 months)
• No Objection Certificate (NOC) from the property owner if the premises are rented or leased
• Rental Agreement or Lease Deed, if applicable

4. Memorandum of Association (MOA) and Articles of Association (AOA)
Draft MOA and AOA that outlines the objectives, rules, and regulations of the Section 8 company. These should be signed by the proposed directors and members.

5. Declaration by Directors

• INC-15 Declaration: Signed by each director regarding the objective and non-profit intent of the company.
• INC-9 Affidavit: A declaration by each director and subscriber on a non-judicial stamp paper.

6. Details of Educational Qualification and Occupation of Directors
Details of the educational qualifications of all directors.Occupation details of all directors, which must be submitted to the Registrar of Companies (ROC).

7. Proposed Name for the Section 8 Company
A minimum of two name options for the company should be submitted. These should be unique and not resemble any existing company names.

8. Estimated Annual Income and Expenditure of the Organization
An estimate of annual income and expenditure for the next 3 years, which is necessary for the registration process.

9. Consent Letter

• DIR-2: Consent to act as a director of the company, signed by each director.

10. Professional Certification

• Declaration: by a Chartered Accountant, Company Secretary, or Advocate certifying that all documents are true and correct.

These documents must be submitted online to the Registrar of Companies (ROC) along with the relevant forms, including Form INC-12, which is specifically for applying for a Section 8 license. Once all the documents are verified and approved, the Section 8 Company can be registered.

1. 📃 What is a Section 8 Company?

A Section 8 Company is a type of Non-Governmental Organization (NGO) or Non-Profit Organization that operates for the promotion of arts, science, sports, education, research, social welfare, religion, charity, protection of the environment, or other similar objectives. It is registered under the Companies Act, which makes it easier to manage compared to Trusts and Societies.

2. 📄 What are the key features of a Section 8 Company?

• Objective: Operates for the common welfare of society, promoting art, commerce, education, social welfare, and more.
• Profit Earning: Aims to use earnings towards the promotion of its objectives, not for distributing profits among members.
• Utilization of Funds: Any income or profits are reinvested in achieving the goals of the organization rather than being distributed as dividends.

3. 🔍 What are the minimum requirements to start a Section 8 Company?

• Minimum two shareholders.
• Minimum two directors (directors and shareholders can be the same person).
• At least one director must be a resident of India.
• No minimum capital requirement.
• PAN is mandatory for Indian nationals.
• Identity proof (e.g., Voter ID, Aadhar Card, Passport).
• Proof of residence (e.g., Electricity Bill, Telephone Bill).
• Registered office address proof (rent agreement, utility bills, and No Objection Certificate if applicable).

4. 💼 Is Digital Signature mandatory for carrying out registration formalities?

Yes, a Digital Signature Certificate (DSC) is required for all filings on the MCA Portal. It ensures secure and authentic submission of documents electronically.

5. ❗ I wish to start my NGO to provide education to underprivileged children. Should I form a Trust, Society, or Section 8 Company?

Forming a Section 8 Company is generally preferred due to:

• Improved recognition.
• Better legal standing.
• Higher credibility among donors and government departments.
• Relaxation from certain regulatory requirements.

6. ⏳ How much time does the Section 8 Company registration take?

The entire process can be completed in less than 15 days, depending on document availability and government approvals. Choosing a unique name for the company and having all documents ready can expedite the process.

7. Is it necessary to have 2 directors for Section 8 Company registration?

Yes, a minimum of two directors is required.

8. Who can become a member of a Section 8 Company?

Any individual or organization, including foreigners and NRIs, can become a member.

9. Do I need to be present in person for the incorporation of a Section 8 Company?

No, the entire process is online. Documents can be uploaded digitally, and experts will manage the registration process.

10. Will there be any special registrations required?

Additional registrations may be required depending on the activities of the NGO, such as:

• Special permits for working in restricted areas.
• Registration under the Shop and Establishment Act for office operations.
• FCRA registration for employing foreign staff.
• Permissions from the Reserve Bank of India and the Ministry of External Affairs for foreign entities.

11. What is the government fee for Section 8 Company registration?

– **DIN (Director Identification Number) for two persons:** ₹1,000.
– **DSC (Digital Signature Certificate) for two persons:** ₹2,000.
– **RUN Form (Name Approval):** ₹1,000.
– **INC 12 Form (Registration under Section 8):** ₹2,000.
– **AoA (Articles of Association):** ₹1,000.
– **MoA (Memorandum of Association):** ₹5,000.

12. I want to add two additional shareholders. Is that covered in the package?

The package includes two digital signatures for two directors. For adding additional shareholders, you need to purchase extra digital signatures separately.

13. Can a foreign citizen be a director in our Section 8 Company?

Yes, but you need to secure a digital signature for the foreign director. The process also requires submission of a passport and, in some cases, a residency certificate.

14. Can a non-resident Indian (NRI) become a director?

Yes, an NRI can become a director. The process requires obtaining digital signatures and providing documents like PAN, Aadhaar, and attested proof of address by the Indian embassy.