Legal Hind

Section 8 Company Registration in India:

The most reputable method of registering a non-profit organisation in India is through a Section 8 Company if your goal is to effect change via social work, healthcare, education, or environmental initiatives. A Section 8 Company, which is recognised by the Companies Act of 2013, enables you to function as a legal entity with philanthropic goals and to take advantage of tax exemptions and donor credibility.

In order for your non-profit to lawfully raise money and provide tax advantages to contributors, we at Legal Hind assist driven changemakers like you in registering a Section 8 Company and obtaining 12A and 80G certificates.

What is a Section 8 Company?

A Section 8 company is a non-profit organisation that was founded for social, scientific, religious, educational, or charitable reasons and does not give its members a cut of the earnings. Rather, any revenue or excess is utilised exclusively to further its goals.

The Ministry of Corporate Affairs (MCA) regulates it and the Companies Act of 2013 governs it. Section 8 Companies are more credible than Trusts or Societies, particularly in the eyes of government agencies, foreign funders, and corporate social responsibility partners.

Why Register Under Section 8?

  • Legal identity with corporate structure

  • Limited liability for directors/members

  • Exemption from the use of “Limited” or “Private Limited” in name

  • Easier to raise grants, CSR funds, and donations

  • Eligible for 12A (income tax exemption) and 80G (donor tax deduction)

  • Perceived as more transparent & professionally managed than Trusts

Section 8 is ideal for education NGOs, orphanages, community groups, health missions, women empowerment bodies, and other social causes.

Documents Required for Section 8 Registration:

For Directors/Members:

  • PAN Card

  • Aadhaar / Voter ID / Passport / Driving License

  • Passport-size Photograph

  • Email ID and Mobile Number

For Registered Office:

  • Electricity Bill / Rent Agreement

  • NOC from owner (if applicable)

For the Company:

  • Proposed Company Name(s)

  • Main objectives of the NGO

  • Draft Memorandum (MOA) & Articles (AOA)

  • Digital Signature Certificates (DSC)

Don’t worry — Legal Hind drafts all required legal documents and handles MCA approvals for you.

Registration Process with Legal Hind:

We offer comprehensive end-to-end assistance with Section 8 Company registration and tax exemptions:

           Step 1: is to have all directors’ digital signatures (DSCs) approved.

           Step 2: is to have their names approved via RUN on the MCA portal.

           Step 3: is to file for a licence using SPICe+ (Parts A and B) and INC-12.

           Step 4: is to draft and upload the MOA/AOA.

           Step 5: is to receive MCA approval and the Certificate of Incorporation.

           Step 6: is to allocate PANs and TANs.

           Step 7: is to apply for 12A & 80G under the Income Tax Act.

Timeline: The entire process, including 12A/80G, usually takes 20 to 30 working days.

12A & 80G – Tax Exemption for NGOs:

Once your NGO is registered, the next step is to legally save on taxes and allow donors to claim tax benefits.

What is 12A Registration?

12A allows your NGO to be exempted from paying income tax on its surplus income. Without 12A, your NGO’s income would be taxed like any business.

What is 80G Registration?

80G allows your donors to claim tax deductions (usually 50% of their donation) while filing their income tax returns. This makes fundraising easier and more credible.

At Legal Hind, we apply for 12A and 80G online with the Income Tax Department on your behalf, submit all necessary documentation, and help you respond to any queries.

Conclusion:

More than simply desire is needed to bring about change; legal strength, structure, and recognition are also necessary. Your NGO can gain the legitimacy, tax advantages, and legal identity it needs to prosper and draw in donations by registering as a Section 8 Company with 12A & 80G.

We at Legal Hind support social leaders like you by handling all legal matters, from compliance to incorporation. Allow us to assist you in laying the groundwork necessary for your cause to spread throughout India.

Frequently Asked Questions (FAQs):

Yes, after registering under FCRA (Foreign Contribution Regulation Act). We can assist you with that process too.

Any Indian or foreign national (above 18 years) can be a member. Minimum 2 directors are required.

Yes. A Section 8 Company can pay reasonable salaries to employees and founders for services rendered.

Once granted, 12A and 80G are valid for 5 years and are renewable.

Section 8 is a registered company under the Companies Act, with more transparency and recognition. Trusts and societies are registered under state laws and are more suitable for small local initiatives.