Section 8 Company Registration in India
Process, fees, documents & certificate — register the most credible non-profit structure available in India, filed online via MCA's SPICe+. Includes dedicated Section 8 microfinance company rules.
- DSC, name reservation, and MoA/AoA drafting handled for you
- SPICe+ Part A & B filing — licence and incorporation together
- 12A, 80G & CSR-1 filed right after incorporation
- Section 8 microfinance objects drafted within RBI's exemption rules
Start Your Section 8 Company
Talk to a Mark Bureau expert about your non-profit's structure.
What Is a Section 8 Company
A Section 8 company is the most credible legal structure available to a non-profit in India. Registered under Section 8 of the Companies Act, 2013, it lets a group of promoters run a charitable, educational, or welfare-focused organisation with a formal board, audited accounts, and a Certificate of Incorporation issued by the Ministry of Corporate Affairs — a level of governance and donor trust that a trust or society structure typically cannot match. The entire process is now filed online through the MCA's SPICe+ form, which issues the Section 8 licence and the incorporation certificate together.
Under Section 8(1) of the Companies Act, 2013, the Central Government can register a company whose objects include promoting commerce, art, science, sports, education, research, social welfare, religion, charity, environmental protection, or similar causes, provided the company applies its profits (if any) only toward those objects and does not pay any dividend to its members. Such a company is permitted to register without adding 'Limited' or 'Private Limited' to its name.
Who Should Register a Section 8 Company
- Founders who want a company-grade governance structure — a board of directors, statutory audit, and MCA oversight — rather than a trust or society
- Organisations planning to raise CSR funding, since many corporates prefer funding Section 8 companies with a CSR-1 registration over unregistered societies
- Groups running education, healthcare, skill-development, or environmental programmes at a scale that benefits from limited liability for the promoters
- Promoters planning a not-for-profit microfinance or self-help-group lending operation
Weighing a for-profit structure instead? Compare against Private Limited Company Registration or One Person Company Registration.
Eligibility and Minimum Requirements
- Minimum 2 directors for a private Section 8 company; minimum 3 directors for a public Section 8 company
- At least one director must be a resident of India (present in India for 182+ days in the preceding calendar year)
- No minimum paid-up capital requirement
- The company's main objects must be genuinely non-commercial — the Registrar scrutinises this before granting the licence
- The proposed name should avoid commercial-sounding words (e.g. 'Solutions', 'Enterprises') and instead use terms like Foundation, Federation, Council, Forum, Association, or Institute
Documents Required for Section 8 Company Registration
- PAN and Aadhaar (or passport, for foreign nationals) of all proposed directors and members
- Address proof of directors — bank statement, utility bill, or driving licence, not older than two months
- Passport-size photographs of all directors
- Proof of registered office — utility bill plus a No Objection Certificate (NOC) from the owner if the premises are rented
- Draft Memorandum of Association (MoA) and Articles of Association (AoA) stating the company's non-profit objects
- Declaration by directors and subscribers in the prescribed forms (INC-9 and related declarations) confirming compliance with Section 8 conditions
- Digital Signature Certificates (DSC) for all proposed directors, since the entire filing is electronic
Step-by-Step Section 8 Company Registration Process
Obtain a Digital Signature Certificate (DSC) for every proposed director — needed to sign all forms electronically on the MCA portal.
Reserve the company name by filing SPICe+ Part A with two proposed names and the main objects; the Registrar checks the names against Rule 8A naming guidelines and reserves an approved name for 20 days.
Draft the Memorandum of Association and Articles of Association, clearly stating the charitable objects and the prohibition on dividend distribution.
File SPICe+ Part B along with the MoA, AoA, INC-9 declaration, registered-office proof, and director KYC — this single filing now covers both the Section 8 licence application and the company incorporation.
File the linked AGILE-PRO-S form for GST, EPFO, ESIC, professional tax, and bank account opening, where applicable.
The Registrar of Companies examines the objects and documents, and may raise clarifications before approval.
On approval, the Registrar issues the Certificate of Incorporation along with the company's PAN, TAN, and Corporate Identification Number (CIN).
Typical timeline
End-to-end, the process typically takes about 20–25 working days from the date all documents are ready, depending on how quickly name approval and Registrar clarifications are resolved.
Section 8 Company Registration Fees
There is no separate licence fee for the Section 8 status itself, but the incorporation involves the standard MCA fees for SPICe+ filing, name reservation, stamp duty on the MoA and AoA (exempted in most states for Section 8 companies), and DSC issuance for each director, along with professional fees for drafting and filing. Because pricing depends on the number of directors, the state of the registered office, and the scope of post-incorporation registrations required, Mark Bureau shares an exact quote after a short scoping call rather than publishing a one-size-fits-all figure.
Certificate of Incorporation — What You Receive
On approval, the Registrar issues a Certificate of Incorporation bearing the company's CIN, confirming it is registered as a Section 8 company under the Companies Act, 2013. Alongside the certificate, the company receives its PAN and TAN, and can then open a current bank account, issue receipts to donors, and begin operating as a distinct legal entity from its founders.
Section 8 Company vs Trust vs Society
| Aspect | Section 8 Company | Trust / Society |
|---|---|---|
| Governing law | Companies Act, 2013 | Trust deed under state law / Societies Registration Act |
| Regulator | Ministry of Corporate Affairs (ROC) | Sub-Registrar / Registrar of Societies |
| Governance | Board of directors, statutory audit, annual ROC filings | Trustees / governing body, comparatively lighter filings |
| Donor & CSR credibility | Generally viewed as more credible and transparent by corporates | Varies; often needs additional due diligence from funders |
| Formation minimum | 2 directors (private) / 3 (public) | Usually 2–3 trustees (trust) or 7+ members (society) |
Registering a general society instead? See our Society Registration page for the full process.
Section 8 Microfinance Company Registration
A Section 8 microfinance company is registered exactly like any other Section 8 company, with the main objects drafted around providing small, unsecured credit to underserved households, self-help groups, or micro-entrepreneurs. Under the RBI's Master Circular dated 1 July 2015, Section 8 companies engaged in microfinance are exempt from Sections 45-IA, 45-IB, and 45-IC of the RBI Act, 1934 — meaning they do not need RBI registration or approval as an NBFC, provided they do not accept public deposits and their lending stays within the RBI's microfinance limits. If a Section 8 microfinance company's total assets exceed ₹100 crore, it must convert into an RBI-regulated NBFC-MFI within three months of crossing that threshold.
Key Conditions for the RBI Exemption
- No acceptance of public deposits
- Lending limited to the RBI's prescribed microfinance loan sizes and borrower household-income caps
- Compliance with RBI's fair-practice and interest-rate transparency norms, including issuing a loan card to every borrower
- Conversion to NBFC-MFI status once the ₹100 crore asset threshold is crossed
Post-Incorporation Compliance: 12A, 80G, CSR-1
12A Registration
Exempts the company's income from income tax, subject to the funds being applied to its charitable objects.
80G Registration
Lets donors claim a tax deduction on donations made to the company.
CSR-1 Registration
Mandatory before the company can receive Corporate Social Responsibility funding from other companies.
DARPAN Registration
Often required to receive government or FCRA-linked grants.
Mark Bureau typically files these immediately after incorporation to minimise the gap between getting the Certificate of Incorporation and being fully ready to receive donations and CSR funds.
Benefits of a Section 8 Company
- Highest credibility among non-profit structures with donors, banks, and CSR-funding corporates
- Limited liability for directors and members — personal assets are protected
- Perpetual succession — the company continues regardless of changes in directors or members
- No minimum capital requirement and, in most states, exemption from stamp duty on the MoA/AoA
- Eligible for 12A, 80G, CSR-1, FCRA, and government grant programmes once registered
Common Reasons Applications Get Delayed
- Vague or overly broad objects in the MoA that don't clearly demonstrate a non-profit purpose
- Proposed name resembling a commercial brand or using restricted/commercial-sounding words
- Incomplete director KYC or DSC issues holding up SPICe+ Part B filing
- Registered-office proof that doesn't match the address stated in the application
- Missing or inconsistent declarations across the MoA, AoA, and INC-9 form
Why Register Through Mark Bureau
Mark Bureau handles DSC and DIN, name reservation, MoA/AoA drafting aligned to your actual charitable objects, SPICe+ Part A and B filing, and the linked GST/EPFO/ESIC registrations where needed. For microfinance promoters, we draft the objects clause to stay within the RBI's exemption conditions from day one, and we file 12A, 80G, and CSR-1 immediately after incorporation so you're ready to receive donations and CSR funding without a compliance gap.
Protecting your organisation's name or logo alongside incorporation? See Trademark Registration.
Frequently Asked Questions
It is a non-profit company registered under Section 8 of the Companies Act, 2013 for objects such as education, charity, science, sports, or social welfare, which must apply any profit to its objects and cannot pay dividends to members.
A minimum of 2 directors for a private Section 8 company, or 3 for a public Section 8 company, with at least one resident director.
PAN, Aadhaar, and address proof of all directors, passport-size photos, registered-office proof with owner's NOC, the draft MoA and AoA, and director declarations such as INC-9 — all filed electronically with a Digital Signature Certificate.
Around 20–25 working days end to end, covering DSC issuance, name reservation, and SPICe+ Part A and B processing, assuming documents are complete and the objects clause is clear.
No. Under RBI's July 2015 Master Circular, Section 8 companies doing microfinance are exempt from RBI registration under Sections 45-IA, 45-IB and 45-IC, as long as they don't accept public deposits and stay within the prescribed lending limits.
If its total assets exceed ₹100 crore, it must convert into an RBI-regulated NBFC-MFI within three months of crossing that threshold, while remaining a non-profit entity.
No. Since the SPICe+ process was simplified, the Section 8 licence and the Certificate of Incorporation are issued together by the Registrar of Companies in a single filing.
Yes — Section 8 company incorporation is filed entirely online through the MCA portal, so it can be registered from anywhere in India, including Bangalore, without visiting a physical office.
Ready to Register Your Section 8 Company?
Mark Bureau handles DSC, SPICe+ filing, and post-incorporation compliance end to end.
Ready to Register Your Section 8 Company?
Call +91-8576076152, email [email protected], or visit www.tmsearch.co.in.
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