An organization that is registered as a Non-Profit Organization (NPO) is referred to as a Section 8 Company. The mission of a non-profit organization or business is to advance the arts, commerce, charity, education, environmental protection, social welfare, sports, research, and religion, with the intention of utilizing any profits or other revenue for this purpose.
Only charitable endeavors can benefit from the Company’s income. All of these businesses receive a certificate of incorporation from the central government and are also informed of some restrictions and conditions. The central government may also order them to dissolve the business if they fail to meet their obligations. In the event that misrepresentation targets of the Organization are demonstrated, lawful move will be made against all officials of the Organization.
Eligibility
For obtaining Section 8 Company registration in Chennai, following eligibilities are required.
- The goal must be charitable or to advance the arts, sciences, trade, etc.
- intends to devote all of its profits to advancing the goals
- Guarantees the restricting of the installment of profits to any of its individuals
Importance of Section 8 company
- For the purpose of advancing social welfare, charity, the environment, the arts, business, science, education, research, or any other social welfare-related goal.
- If they use their earnings to advance the company’s objectives.
- Additionally, it prohibits dividends being distributed to its members.
- A registered company that has Section 8 company registration in Chennai is one that operates for charitable or non-profit purposes.
- Section 8 company registration in Chennai is handled by the Ministry of Corporate Affairs, while trust and society registration are handled by the State Government’s Registrar of State.
- Section 8 company registration in Chennai offers additional advantages over trust and society. A company of this kind has a greater chance of earning the trust of donors, government agencies, and other stakeholders.
Requirements
- The name of a section 8 company need not include the words “LTD” or “PVT LTD.”after having Section 8 company registration in Chennai.
- Under this statute, there is no longer a requirement for a minimum capital amount as of June 5, 2015 for having Section 8 company registration in Chennai.
Penalty provision
The directors and officers who committed the violation will be subject to either up to three years in prison or a fine that cannot be less than twenty-five thousand rupees and cannot be less than twenty-five lakh rupees, or both, if a company violates the requirements outlined in this section.
The company itself will be subject to a fine that cannot be less than ten lakh rupees and cannot be less than one crore rupees.
Benefits
After having Section 8 company registration in Chennai, many benefits are obtained.
Separate legal entity
A section 8 company is an independent legal entity from its members. After having Section 8 company registration in Chennai.
Exemption of stamp duty
Registration stamp duty is not owed by a Section 8 company after getting Section 8 company registration in Chennai.
Membership
A registered partnership company can join as its own.
Tax benefits
A number of tax breaks are available on having Section 8 company registration in Chennai.
Exemption to donors
Donors to a section 8 company having Section 8 company registration in Chennai are eligible for tax exemptions under sections 12A and 80G of the Income Tax Act.
Procedure
Name approval
The approval of the name for Section 8 company registration in Chennai is the first step. The name ought not be in presence or utilized by some other organization or firm. An application in eForm INC1 is to be made for the endorsement of the name.
Memorandum of applications
After the endorsement of the name, it is legitimate for 60 days within which the organization needs to incorporate the two most significant archives for enrollment that is the reminder and articles of affiliation.
Completing forms: The following documents must be submitted with the eForm INC 12 to have Section 8 company registration in Chennai: Articles of incorporation and a memorandum of association.
- a non-judicial stamp paper of the prescribed value, signed by the company secretary in practice, confirming the application for Section 8 company registration in Chennai.
- a list of the promoters and the board of directors’ names, addresses, descriptions, and occupations.
- a statement outlining the specifics of the company’s assets and liabilities.
- an estimate of the proposed company’s future revenues and expenditures, with specifics about the revenue source and the expense object.
- a statement that provides a brief overview of the work for Section 8 company registration in Chennai.
- each applicant must sign a declaration on non-judicial stamp paper in the prescribed format for Section 8 company registration in Chennai.
Clarifications
The registrar has the right to ask for specific clarifications, to which the holder of the power of attorney must respond, after all of the papers have been submitted in the correct manner and reviewed by the registrar. If the registrar is satisfied, he may issue the license in accordance with Section 8, and the applicant can then submit certain forms to file incorporation documents.
Certificate of Incorporation
When the certificate is given by the enlistment center, the organization with Section 8 company registration in Chennai is considered to be consolidated from the date of incorporation
Time frame
If carried out quickly, this entire procedure could be completed in approximately 25 working days for Section 8 company registration in Chennai.
How can we close section 8 company?
Ideally, non-profit business promoters would take Section 8 company registration in Chennai under Section 8 of the Companies Act of 2013. The phrase “private limited” or “public limited” cannot be used after a company’s key word once it has been registered under Section 8 as either a public or private entity. A partnership firm can join the Section 8 Company as well.
As this company holds the license to operate as a charitable company, it must surrender that license by converting the company into a normal company other than a Section 8 company. As a result, these businesses frequently find it challenging to wind down. The company must have the following things in order before it can be transformed into a typical business.
Organizations having Section 8 company registration in Chennai can close their organization on some circumstances by giving their permit over to work as a beneficent organization. By changing the company into a normal company rather than a Section 8 company, this license can be given up. A one-person company cannot be formed from a Section 8 company.
Features
Restriction on payment of managerial remuneration in certain causes
The permit gave to a Section 8 company forces limitation on installment of compensation or other advantage in cash or cash’s worth by the organization to any of its individuals with the exception of installment of personal costs, sensible and legitimate revenue on cash loaned, or sensible and legitimate lease on premises let to the organization.
Nonetheless, that shouldn’t totally confine the organization to pay sensible compensation sincerely for any administrations really delivered to the organization by any individual other than its part, except if generally expressed in the contract archives.
About Us
Smartauditor is the best service provider. We serve our clients across India.