Complete Guide to Section 8 Company Registration in India

Starting a non-profit organization in India is a noble step. A popular and legally sound way to do it is through Section 8 Company Registration. This form of company suits those who want to promote charitable causes like education, science, art, religion, or social welfare. I help such organizations at NGO Experts, a trusted legal consultancy in this domain. Here, I’ll explain the process, its benefits, and related aspects like FCRA Registration and Trust Registration.

Jun 21, 2025 - 11:46
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Complete Guide to Section 8 Company Registration in India

Starting a non-profit organization in India is a noble step. A popular and legally sound way to do it is through Section 8 Company Registration. This form of company suits those who want to promote charitable causes like education, science, art, religion, or social welfare. I help such organizations at NGO Experts, a trusted legal consultancy in this domain. Here, I’ll explain the process, its benefits, and related aspects like FCRA Registration and Trust Registration.

What Is Section 8 Company?

A Section 8 Company is a non-profit entity registered under the Companies Act, 2013. It operates just like a limited company, but it does not distribute profit to its members. Instead, it uses income or donations for the cause it supports.

This company type has legal credibility and tax advantages. It’s the best option for serious social entrepreneurs who want long-term operations and recognition.

Benefits of Section 8 Company Registration

A Section 8 Company offers multiple benefits that build trust and legal status:

  • It enjoys tax exemptions under sections like 12A and 80G of the Income Tax Act.

  • It attracts more donors and grants because of its regulated structure.

  • It receives higher credibility compared to a trust or society.

  • It can apply for FCRA Registration to receive foreign funds legally.

  • It allows proper governance through structured rules under the Companies Act.

These benefits support both small and large-scale operations.

Basic Requirements to Start

Before starting, I always inform clients about the minimum criteria for registration:

  • At least two directors (for a private limited structure).

  • At least two shareholders. The same individuals can be directors and shareholders.

  • One of the directors must be an Indian resident.

  • A registered office address in India.

These are the initial legal points we cover at NGO Experts during consultation.

Documents Required

Here’s a checklist of documents that are essential for filing:

  • PAN card and Aadhar card of all directors

  • Passport (if foreign national is involved)

  • Utility bill for registered office

  • Rent agreement or ownership proof of the office

  • Passport-size photographs

  • Digital Signature Certificates (DSC)

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

All papers must be self-attested. We handle drafting and checking as part of the service.

Step-by-Step Registration Process

The registration process includes:

1. Digital Signature (DSC)

DSC is needed to sign online documents. Each director must get one.

2. Director Identification Number (DIN)

DIN is obtained by filing the SPICe+ form online.

3. Name Approval

We apply through the MCA portal. The name must reflect the company’s objectives.

4. Filing SPICe+ Form

This integrated form includes various parts – name reservation, incorporation, PAN, TAN, etc.

5. Issuance of License

After checking all documents, the Registrar of Companies (RoC) issues a license under Section 8.

6. Incorporation Certificate

The company gets its incorporation certificate and is now legally operational.

At NGO Experts, I manage each step, ensuring fast and correct filings.

Importance of FCRA Registration

If you plan to receive foreign donations, FCRA Registration is a must. Without it, no Indian entity can legally accept funds from abroad.

Section 8 Companies, due to their transparent nature, have better chances of FCRA approval. We help you apply for FCRA after the company completes three years of proper functioning. The Ministry of Home Affairs (MHA) handles this process.

FCRA Registration ensures compliance with foreign funding rules and improves global funding options.

How It Differs From Trust Registration

Trust Registration is another way to start a non-profit. But Section 8 Company and trust are not the same.

A trust is governed by the Indian Trusts Act, while a Section 8 Company falls under the Companies Act. Trusts don’t have the same structured control and reporting requirements as Section 8 Companies.

Here’s a quick comparison:

Feature

Section 8 Company

Trust Registration

Governing Law

Companies Act, 2013

Indian Trusts Act, 1882

Legal Structure

Company with directors

Trustees

Annual Compliance

Mandatory with RoC

Minimal

FCRA Eligibility

Higher

Moderate

If you want to build long-term credibility and receive funding from corporates or abroad, a Section 8 Company is better.

Why Choose NGO Experts?

At NGO Experts, I help with everything—from planning to post-registration compliance. Our services cover:

  • Section 8 Company Registration

  • FCRA Registration

  • Trust Registration

  • 12A and 80G applications

  • NGO consultancy and drafting work

We offer clear advice and fast action. I make sure every legal detail is correct. This reduces the chance of rejection and delays.

Conclusion

Starting a Section 8 Company is a smart move for any socially focused individual or group. It gives your initiative legal status, better control, and public trust. If you want to raise funds, apply for grants, or expand globally, this structure is the best.

With proper guidance and legal support, your vision can turn into a registered, respected organization. Whether it’s section 8 company registration, FCRA Registration, or Trust Registration, I am here to help through NGO Experts. Let your mission grow on a strong legal foundation.