Section 8 Foundation Registration in India

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      Section 8 Foundation Registration @ ₹ 14,999*/-

      • Company Name Reservation

      • Digital Signature for 2 Directors

      • DIN for 2 Directors

      • Company Incorporation Certificate (COI)

      • Company PAN & TAN

      • Memorandum of Association (MOA) & Articles of Association (AOA)

      • Company Master Data

      • Share Certificates (if applicable)

      • Guidance to Open Local Bank Account

      • Includes Government & Professional Fees

      Note: Prices may vary for Punjab, Madhya Pradesh & Kerala due to higher stamp duties.

      Required Documents for Section 8 Foundation Registration

      • PAN Card of all Directors.

      • Aadhar Card of all Directors

      • Address Proof (Mobile Bill, Bank Statement, Telephone Bill)

      • Passport Size Photo
      • Ownership Proof (Electricity Bill etc)

      • Utility Bill (Gas Bill, Electricity Bill)
      • NOC

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      Section 8 Foundation Registration

      Want to start a non-profit foundation for charitable, social, or educational purposes? Section 8 Company registration is the best legal structure — and you’re at the right place!
      At Mangalam Taxsavo Consultants Pvt. Ltd., we specialize in Section 8 Company registration, providing complete legal and financial support to help you establish a foundation focused on social welfare without the intent of profit. Our expert Chartered Accountants and legal advisors assist with drafting MOA/AOA, filing with the Registrar of Companies (ROC), and securing necessary approvals — including tax exemptions like 12A and 80G.

      We ensure a smooth, compliant, and transparent registration process so you can focus on your mission while we handle the paperwork.

      About Section 8 Foundation Registration

      Section 8 Company (Foundation) is a popular type of nonprofit legal entity in India, governed by the Ministry of Corporate Affairs under the Companies Act, 2013. It is established with the primary objective of promoting charitable causes such as education, social welfare, art, science, commerce, charity, and protection of the environment.

      To register a Section 8 Company, a minimum of two directors are required, and these directors may also act as members. Unlike private limited companies, Section 8 companies do not have shareholders but members who contribute towards the company’s objectives without any profit motive.

      Characteristics of Section 8 Foundation Registration in India

      1. Objective – Non-Profit Motive
      Section 8 Companies are incorporated to promote charitable objectives such as:

      • Education

      • Art and Culture

      • Environment protection

      • Science and research

      • Social welfare

      • Religion and charity

      2. No Minimum Capital Requirement
      Unlike private limited companies, there is no minimum paid-up capital requirement for Section 8 companies.

      3. Membership

      • Minimum 2 Directors and 2 Members are required.

      • There is no maximum limit on the number of members.

      4. Limited Liability
      Members enjoy limited liability, meaning their personal assets are not at risk in case of company liabilities.

      5. Perpetual Succession
      The company continues to exist even if the members or directors change due to death, insolvency, or resignation.

      6. No Profit Distribution
      Profits or income must be applied towards the promotion of its objectives. No dividends can be paid to members.

      7. Legal Status & Recognition
      It is a separate legal entity from its members and enjoys greater credibility with donors, government agencies, and CSR funders.

      8. Name Requirements

      • A Section 8 company does not use 'Private Limited' or 'Limited' in its name.

      • Instead, words like "Foundation", "Association", "Council", "Forum", "Society", or "Organization" are used.

      9. No Prospectus or Minimum Subscription Required
      Since Section 8 companies are not-for-profit, they are not required to issue a prospectus or comply with minimum subscription norms applicable to commercial entities.

      10. Compliance & Tax Exemptions

      • Required to file annual returns with ROC.

      • Eligible for 80G & 12A registration under the Income Tax Act to get tax exemptions.

      Requirements for Section 8 Foundation Registration

      Members (Shareholders / Subscribers to MOA)

      • Minimum: 2 members (can be individuals or legal entities).

      • Eligibility: Any individual or entity intending to promote charitable objectives such as education, relief to poor, environment, health, art, science, etc.

      • No profit distribution allowed — all profits must be reinvested toward the company’s objectives.

      Directors

      • Minimum: 2 directors.

      • At least one director must be a resident of India (i.e., stayed in India for at least 182 days in the previous calendar year).

      • All directors must obtain a Director Identification Number (DIN).

      Company Name

      • Must be unique and must not resemble any existing company, LLP, or trademark.

      • Names typically do not end with “Private Limited” or “Limited”—instead, they can use terms like Foundation, Society, Association, Forum, Council, etc.

      • Submit 3–4 name options to the Registrar of Companies (RoC) via the RUN (Reserve Unique Name) service.

      Registered Office Address

      • A temporary address can be given during the registration process.

      • A permanent registered office address (along with address proof and NOC if rented) must be submitted post-incorporation.

      Digital Signature Certificate (DSC)

      • All proposed directors must obtain a Class 3 DSC to sign electronic documents submitted to the Ministry of Corporate Affairs (MCA).

      Professional Certification

      • All incorporation documents must be certified and filed by a Chartered Accountant (CA), Company Secretary (CS), or Cost Accountant (CMA).

      • The professional must also issue a declaration (Form INC-14) confirming compliance with Section 8 provisions.

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      Advantages of a Section 8 Foundation (Non-Profit Company)

      Legal Recognition

      A Section 8 Company enjoys the status of a legal entity under the Companies Act, 2013, enhancing credibility and trust among donors, stakeholders, and government bodies.

      No Minimum Capital Requirement

      There is no prescribed minimum paid-up capital for incorporating a Section 8 Company. You can start with any amount based on your capacity.

      Limited Liability

      The liability of the members is limited to the amount they contribute. Personal assets of members are not at risk.

      Tax Benefits

      Section 8 Companies can apply for exemptions under Section 12A and 80G of the Income Tax Act — providing tax relief to both the company and its donors.

      Separate Legal Entity

      A Section 8 Company has a distinct legal identity, enabling it to own property, enter contracts, and sue or be sued in its own name.

      Perpetual Succession

      The existence of the company is unaffected by changes in members, resignation, or death — it continues to operate as a separate legal entity.

      Credibility with Donors & Government

      Being regulated by the Ministry of Corporate Affairs (MCA) ensures higher transparency and structure, which helps attract grants, CSR funds, and government schemes.

      No Dividend Distribution

      All profits or income must be used only to promote the company’s objectives. No part of the profit can be distributed to members or directors.

      Exemption from Using 'Limited' or 'Private Limited'

      Section 8 Companies are exempt from adding "Limited" or "Private Limited" in their name, setting them apart as non-profit entities.

      ⚠️Key Structural Limitations of a Section 8 Company

      • No Profit Distribution
        Section 8 Companies cannot distribute profits to members or shareholders. All income must be used solely to promote the charitable or not-for-profit objectives of the organization.

      • No Share Capital or Ownership Transfer
        Unlike private limited companies, Section 8 Companies do not issue shares. Hence, there is no ownership transfer or trading like in profit-oriented businesses.

      • Objective-Based Restrictions
        The company’s activities must be strictly aligned with its stated charitable purpose (education, relief to the poor, environment, etc.) as per its Memorandum of Association (MoA).

      • Regulatory Scrutiny
        Section 8 Companies are subject to higher compliance and scrutiny from the Ministry of Corporate Affairs (MCA) and may be required to submit annual filings, audits, and reports to maintain their license.

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