Section 8 Company

In India, a non – profit organization often known as NGO can be registered as a Company under Section 8 of the Companies Act, 2013 (erstwhile Section 25 of the Companies Act, 1956) and can also be registered as Trust and as a Society registered under the provisions of Society Registration Act, 1860. Section 8 Company form of a NGO is most popular form of NGO in India. It is easy to register, run or manage a Section 8 Company in comparison of a Trust and a Society.

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WHAT IS A SECTION 8 COMPANY?

In India, a non – profit organization often known as NGO can be registered as a Company under Section 8 of the Companies Act, 2013 (erstwhile Section 25 of the Companies Act, 1956) and can also be registered as Trust and as a Society registered under the provisions of Society Registration Act, 1860. Section 8 Company form of a NGO is most popular form of NGO in India. It is easy to register, run or manage a Section 8 Company in comparison of a Trust and a Society.

According to Section 8(1a, 1b, 1c) of the Companies Act, 2013, a Section 8 company can be established for ‘promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object’, provided it ‘intends to apply its profits, if any, or other income in promoting its objects’ and ‘intends to prohibit the payment of any dividend to its members.

ADVANTAGES

Tax Exemption

Numerous Tax exemptions are provided to Section 8 Companies, specifically to the donors who are contributing to Section 8 Companies, they can claim the Tax exemption against the donation they made to a Section 8 company.

No Minimal Capital required

There is no prescribed limit over section 8 companies for the minimum capital requirement unlike other entities such as public limited.

No Stamp Duty

A company enjoys perpetual existence unlike other forms of business i.e.,the company continues to exist irrespective of the status of the owner.

Separate Legal entity

A Section 8 company is a legal entity and a juristic person established under the Act. TA Section 8 Company also has a perpetual existence.

Credible

A Section 8 Company has more credibility as compared to any other Non-profit organization structure be it a Trust or Society. As it is a licensed by the central government. It has more stringent regulations such as no change in MOA and AOA can be done at any stage or situation in a Section 8 Company.

Separate Legal entity

A company enjoys separate legal identity unlike partnership firms.