How to Register NGO under Section 8 Company Registration

Indian Trusts have no central law; Indian Societies have distinctive legitimate and institutional structures from state to state while Section 8 organizations have one uniform law the nation over – Companies Act, 2013. It is this strong Act that directs the arrangement, the board and responsibility of a Section 8 Company, consequently making it more firmly managed and checked than trusts and social orders, and perceived everywhere throughout the world. 

A Non-benefit Company or Section 8 Company is a Company which: 

Has in its objects the improvement of business, art, science, sports, education, research, human welfare, religion, charity, protection of environment or any such other object;

• Aims to apply its profits, if any, or other income in raising its objects.
• It aims to prohibit the payment of any dividend to its members.

Process manner for the incorporation of section 8 company below corporations act, 2013

1. Application for organization  name availability in form RUN

application for name availability ought to be made in the “reserve unique name” facility. The name of phase 8 agency shall encompass the words foundation, discussion board, association, federation, chambers, confederation, council, electoral considerations, and the like, etc. You can propose most 2 names at a time and 1 resubmission is permitted in the run facility. Prices for a run is Rs. 10,000. To the proposed company, it is advisable to attach an object clause.

 2. Preparation of a memorandum of affiliation and articles of association

 memorandum of affiliation is the charter of the corporation and defines the scope of its venture. An article of association of the organization is a document that regulates the internal authority of the company. Memorandum of association of segment eight enterprises ought to be in form inc-13 at the same time as there is no layout prescribed for articles of association for section 8 Company You'll adopt table f provisions. Memorandum and articles of association of the organization shall be signed by using each subscriber to the memorandum who shall point out his call, cope with, description and profession, if any, in the presence of at the least one witness who shall attest the signature and shall likewise sign and add his call, deal with, description and occupation. 

3. Application in form inc-12

after approval of the name via CRC, you could make a utility in form inc-12 to the registrar for a license below sub-section (1) of phase eight. Fees for inc-12 is rs. 2,000/-

attachment of inc-12

a) Memorandum of association in form inc-13;

b). Articles of affiliation; (no exact format)

c) Statement in shape inc-14 with the aid of cs/ca/CWA in practice, that the draft memorandum and articles of affiliation have been drawn up in conformity with the provisions of section eight and rules made thereunder and that all the requirements of the act and the rules made thereunder referring to the registration of the employer beneath phase 8 and subjects incidental or supplemental thereto were complied with;

d) The announcement by every one of the individuals making the utility in shape inc-15;

e.)An estimate of the future annual profits and expenditure of the employer for the next three years, specifying the sources of the income and the objects of the expenditure;

f) approval letter acquired from CRC

these are the necessary application  INC-12. It is prudent to join note on work proposed to be attempted by the Company after consolidation and Grounds of utilization for the issue of a permit under section 8 company registration.

When the structure INC-12 will be endorsed, License under area 8 will be given in Form INC-16 which required to be joined in structure SPICe. 

4. Documenting of SPICe 32 Form 

In the wake of getting Central Government endorsement i.e endorsement of structure INC-12, one may proceed with recording of structure SPICe 32.