Section 8 Company
Section 8 Company
Section 8 Company Qualifications
Documents Required to Register a Category 8 Company
- Administrator ID number (DIN)
- Digital Signature Certificate
- Meeting Memorandum
- Organization Documents
- Passport size images
- Proof of Member ID such as Aadhar card, Passport, Voter ID.
- Director details
- Proof of Address
How do you get a Digital Signature of Directors?
In India, the Trust is managed by trustees named in the Trust Deed. A Section 8 company will be managed by a Board of Directors, similar to a Private Limited Company.
During the installation process, the DSC is acquired by the proposed directors. The following documents must be submitted.
- PAN or Aadhar card.
- Driver’s License / Passport / Election ID / Government Issued Identity Card.
After submitting these documents, the applicant must complete the OTP and eKYC process to obtain the DSC on his or her behalf.
Section 8 Company Name Authorization
- A registered partner may not apply to a court in any court against the firm or other partners for the exercise of any contractual right or the right granted by the Co-operatives Act.
- No liability to enforce an agreement arising from an agreement may be entered into in any court by a company or on behalf of a company against any third party unless that company is registered under the Co-operatives Act.
- The unregistered firm or any of its partners may not seek redress or other proceedings in a dispute with a third party.
- Therefore, it is best to register the Partnership sooner or later.
What Are The Benefits Of A Partnership Company Registration?
- Simultaneously with the processing of a digital signature application, a nomination application can be filed with a Section 8 Company in the MCA.
- A Section 8 Company name should end with names such as Foundation, forum, organization, federation, chambers, council, electoral trust. etc.
- The Name Authorization process can be completed within 24-72 hours.
- Organization and AOA Memorandum (Organizational Sections)
- Written after obtaining name authorization and other documents included in INC12 filed with ROC.
- You are required to sign and state his or her name, description, address, and job in the MOA and AOA registration.
- Only one witness is required to testify.
Step by step the process of incorporate a Category 8 Company
Step 1 : In the first step, we obtain the DSC of the proposed Section 8 Company directors.
After obtaining a DSC, complete form DIR 3 and ROC for the Director’s Identification Numbers.
Step 2 : Upon approval of DIR 3, the ROC will provide the director’s ID number to the proposed Director.
Step 3 : To apply for a company name, you need to complete Form INC 1 and ROC.
Step 4 : Upon approval of applying for a Section 8 Company license, you are required to Submit Form INC 12
Step 5 : Upon approval, a license under section 8 will be issued on Form INC 16.
Step 6 : Submit the SPICe Form 32 and ROC file for inclusion along with affidavits, declarations, KYC, letter of approval, MOA draft, and AOA upon receipt of the license.
If the ROC is satisfied with the submitted forms, the ROC will issue a Certificate of Incorporation.
80 G Certificate
The 80 G Certificate exempts people who make contributions from trusts or a Category 8 Company in whole or in part from paying taxes. For example, a charity or trust registered under 12 A allows one person to obtain a tax exemption under Section 80 G.
There is a limit on the withdrawal condition that is valid. If the amount provided exceeds 10% of the total income, the excess amount will not be eligible for tax benefits.
Who can benefit from tax savings under 80G?
A person making a valid contribution is entitled to a tax exemption under 80 G.
Contributions made to the listed trust and organizations are only eligible for a deduction of u / s 80 G
Who would not be able to achieve tax savings under section 80G?
If the contribution is made to an external trust, you may not be eligible for tax savings under section 80 G
Deductions cannot be claimed if donations are made to one or more political parties.
Deductions cannot be claimed even for printing or publishing brochures, flyers, and pamphlets.
NRI donations when made to appropriate institutions and trusts are also eligible for tax exemption under section 80 G.
If the donation is made in salary and if the donation receipt contains the employer’s name, employees can apply under Section 80 G.
How do you get an 80 G Certificate?
Registration under this section will be considered by the Income-Tax Commissioner upon receipt of the application by the applicant on Form 10 G. The application must be accompanied by the following documents.
- Certificate of Registration
- MOA / Trust Deed
- NOC from the owner of the land where the registered office is located.
- Copy of the Pan / Trust Pan Pan Card.
- Copy of electricity bill, mortgage receipt, or water bill
- Evidence of ongoing social work
- Progress report since the inception of the NGO or three years ago
- Statement of accounts and balance sheet from inception / three years ago
- List of donors and their addresses and PAN.
- List of trustees’ governing body and their contact details
- A copy of the registration issued under section 12A or a copy of the notice issued under section 10 (23) or section 10 (23C)
AK Taxes can assist you with the registration process once you have provided us with the required documents. Contact an AK tax business advisor today.
The Income Tax Department offers 12 A registrations, only one registration for trusts and other non-profit organizations. Registration of 12 A is intended for exemption from the payment of income tax.
Immediately after installation, usually, an application for registration of 12 A is made. Trusts and NGOs that have received 12 registrations enjoy tax exemptions from their surplus money. All organizations can receive 12 A.
Benefits of registration of 12 A
The main benefit of the 12th registration is the income tax exemption benefit related to the use of income. For example, all revenues used by a registered 12A organization for charitable / religious purposes will be considered a claim for income.
If an organization is registered under Section 12 A, it is eligible for grants from the State and various private sectors.
Organizations registered under 12 A are also eligible for benefits under Section 80 G. NGOs must apply for registration of 80 G separately.
The External Donation Management Act of 2010 is called the FCRA registration, which is required to obtain trusts, communities, a Category 8 Company that receives an external donation or donation.
Objective of FCRA 2010
The main objectives of the FCRA 2021 Act are:
- Manage the acceptance and use of external donations by individuals or companies
- To restrict the acceptance and use of foreign policy or foreign contribution in any activities that are not in the best interests of the country and in addition to related matters.
Frequently Asked Questions
It takes at least two people to register a category 8 company in India.
A director must be over 18 years of age and must be a natural person. There are no restrictions on citizenship or residency. Therefore, even foreigners could become directors of an Indian Class 8 Company.
The address in India where the Company’s registered office will be located is required. The properties may be commercial / industrial / residential where communication from the MCA will be obtained.
No, you will not have to attend our office or come from any office to register for a Category 8 Company. All documents can be scanned and emailed to our office. Some documents will need to be mailed to our office.
Identity documentation and proof of address is mandatory for all proposed directors of the Category 8. Company PAN Card is mandatory for the people of India. In addition, the landlord of the registered office premises must provide a Certificate of Non-Disclosure to have a registered office on his or her premises and must provide his or her identity document and proof of address.