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Overview

A Section 8 Company is a non-profit organisation that aims to promote charitable activities, art, science, education, and sports. The profits of such companies are utilised for promoting these objectives and are not distributed among the Company's members. Non-Profit Company Registration in Gujarat is overseen by the registrar of state under the State Government, an NGO incorporated as a Section 8 company under the Companies Act, 2013 and is regulated by the Ministry of Corporate Affairs. This Act oversees the Legal Requirements for NGO Registration in Gujarat.

When compared to Gujarat Trust registration, Section 8 company registration in Gujarat offers more advantages. Learn how to register as a Section 8 Company under the Companies Act of 2013 as an NGO. You receive end-to-end services for Section 8 company registration in Gujarat India through Vakilsearch. Our team of experts offers hassle-free and professional services to help in Gujarat Section 8 Company Formation quickly and efficiently.

Section 8 Company Registration in Gujarat

Section 8 Company registration in Gujarat is a legal method that allows non-profit organisations to specify themselves as a company and operate for the promotion of social welfare, arts, education, and charity. Such organisations are managed under the Companies Act, 2013, and are registered with the Ministry of Corporate Affairs (MCA). These companies are allowed to receive donations and grants from the public and government bodies and are suitable for tax exemptions under the Income Tax Act, of 1961. The registration method requires specific documents and compliance with particular regulations, which can be simplified with the help of experienced and professional guidance.

Documents Required for Section 8 Company Registration in Gujarat

There are a few documents you need to provide to register a Section 8 company. Section 8 companies are non-profit organisations that are registered under the Companies Act, of 2013. As per the Gujarat Section 8 Company Rules, the following documents are required to be submitted for Non-Governmental Organisation Registration Gujarat:

  • 1. Memorandum of Association (MOA)

    The MOA is a legal document that defines the purpose for which the company is being registered. It outlines the company's objectives and the activities that it will undertake.

  • 2. Articles of Association (AOA)

    The AOA is a legal document that defines the rules and regulations for the company's internal management. It outlines the company's governance structure and the rights and responsibilities of its members.

  • 3. Declaration by Directors

    The company's directors will need to submit a declaration stating that they are not disqualified from being appointed as directors and that they have not been declared as defaulters by any financial institution.

  • 4. Proof of Identity and Address of Directors

    The directors will need to provide proof of their identity and address, such as a passport, PAN card,Aadhaar card , or voter ID.

  • 5. Proof of Registered Office Address

    You will need to provide proof of the registered office address of the company, such as an electricity bill,Rental Agreement, or property tax receipt.

  • 6. NOC from the Owner of the Premises

    You will need to obtain a No Objection Certificate from the owner of the premises if the registered office is not held by the company.

  • 7. Income Tax PAN Card of the Company

    You will need to obtain a Permanent Account Number (PAN) card for the company.

  • 8. Digital Signature Certificates (DSC) of Directors

    All company directors will need to obtain Digital Signature Certificates (DSC) to sign the electronic forms for registration.

Benefits of Section 8 Company Registration

Gujarat Charitable Organisation Registration is crucial for legally conducting the objectives of the NGO. Some of the Benefits of Section 8 Company in Gujarat is outlined below:

  • Legal Recognition

    Section 8 companies are identified as independent legal entities, giving them the ability to own property and enter into contracts.

  • Tax Exemptions

    Section 8 companies are suitable for various tax exemptions, including income tax and stamp duty, which can remarkably reduce their operational costs.

  • Limited Liability

    The liability of the company's members is limited to the amount of their contribution towards the company's capital, protecting their personal assets from any possible financial or legal obligations of the company.

  • Credibility

    Section 8 company registration adds credibility to the organisation, making it more attractive to donors, investors, and other stakeholders.

  • Perpetual Existence

    Section 8 companies have perpetual existence, indicating that the organisation will continue to exist, regardless of changes in its membership or management.

  • Social Impact

    Section 8 companies are established for the promotion of social welfare, arts, education, and charity, allowing them to make a positive impact on society and contribute to the betterment of the community.

Eligibility Criteria of Section 8 Company Registration in Gujarat

The Companies Act of 2013 outlines the Gujarat NGO Compliance to be followed. As per the law the following eligibility criteria has to be met for Section 8 company registration Gujarat:

  • Objectives: The primary objective of the company must be to facilitate social welfare, education, arts, and charity. The profits made by the company should be utilised for the fulfillment of these objectives, and not for the benefit of its members.
  • Non-profit: The company must be a non-profit organisation, indicating that it should not distribute dividends to its members.
  • Minimum members: There must be at least two members at the company (individuals or corporate entities) for registration
  • Directors: The company must hold a minimum of two directors, who must be individuals. One of the directors must be a citizen of India.
  • Name: The proposed name of the company must not be similar or identical to an existing company or brand.
  • Registered office: The company must keep a registered office in India, which must be held throughout the company's existence.
  • Memorandum of Association (MoA) and Articles of Association (AoA): The MoA and AoA of the company must be organised and submitted during the registration process, outlining the company's purposes, management structure, and rules and regulations.
  • Compliance: The company must comply with all relevant laws and regulations, including the Companies Act, of 2013, and the Income Tax Act, of 1961.

Section 8 Company Registration Process In Gujarat

To register a Section 8 company in Gujarat, you navigate steps like obtaining DSCs and DINs for directors, choosing a unique name, acquiring a license from the Ministry of Corporate Affairs, drafting MOA and AOA documents, filing SPICe-AoA forms with e-signatures, and finally receiving your Certificate of Incorporation. While you can tackle it yourself, professional assistance can make the process smoother and ensure compliance. Remember, your company must be dedicated to non-profit objectives and not distribute profits to members. Choose your goals wisely and get ready to make a positive impact!

Steps for Section 8 Company Registration in Gujarat

  • Step 1: Consult our incorporation experts

    Our incorporation experts will provide clear guidance, assistance and clear all the doubts about the company registration. Know in detail about the Legal Requirements for NGO Registration in Gujarat.

  • Step 2: Name Registration

    Our experts will help you choose a proper name and register it on your behalf

  • Step 3: Documentation Filling

    We will confirm the collect and proofread the documents and file the required documents with the Registrar of Companies (ROC).

  • Step 4: Receive Incorporation certificate

    Upon approval, the Certificate of Incorporation will be issued, and the company will be registered.

Note:
The approval is provided after the government authorities scrutinise the documentation and other forms. Our Section 8 Company Registration Consultants Gujarat will provide you full support through the process.

Registration Fees for Section 8 Company In Gujarat

The total registration fees for a Section 8 company in Chennai can vary slightly depending on factors like chosen service provider, number of directors/members, and authorised capital. This covers the official cost of incorporating the company with the Ministry of Corporate Affairs (MCA). For more detailed information consult our incorporation experts today.

Checklist for Section 8 Company Registration in Gujarat

  • Obtain DSCs and DINs for directors
  • Choose and reserve a unique company name
  • Apply for Section 8 license with Form INC-12
  • Draft MOA and AOA, ensuring non-profit compliance
  • File SPICe-AoA forms with e-signatures
  • Pay registration fees
  • Receive Certificate of Incorporation

Section 8 Company Registration Offline

  • Step 1: Obtain DSCs and DINs

    Apply for DSCs from a licensed Certifying Authority (CA) and DINs from the MCA website

  • Step 2: Choose and Reserve Company Name

    Conduct a name availability check on the MCA website and file Form INC-1 for reservation

  • Step 3: File Form INC-12 for License

    Submit Form INC-12 (Application for License under Section 8) to the Regional Director of MCA for approval

  • Step 4: Draft MOA and AOA

    Prepare these documents outlining the company's objectives, powers, internal rules, and non-profit status

  • Step 5: File Forms with Registrar of Companies (ROC)

    Submit Form INC-13 (MoA and AOA) and Form INC-14 (Declaration) in hard copy to the ROC

  • Step 6: Pay Registration Fees

    Make the necessary payments as per MCA guidelines.

  • Step 7: Receive Certificate of Incorporation

    Upon approval, receive the certificate, marking the company's legal existence

Section 8 Company Registration Online

  • Step 1: Apply for DSCs and DINs (online)

    Obtain DSCs from a CA's website and DINs through the MCA's online portal

  • Step 2: Choose and Reserve Name (online)

    Check name availability and reserve using the MCA's online services

  • Step 3: Apply for License

    File Form INC-12 digitally through the MCA portal

  • Step 4: Draft MOA and AOA

    Prepare These documents online through Vakilsearch

  • Step 5: File SPICe+ Form (online)

    Submit the integrated form for incorporation, MoA, AOA, and other details using DSCs

  • Step 6: Pay Registration Fees

    Make online payments through MCA's payment gateway

  • Step 7: Receive Certificate of Incorporation

    Receive the digital certificate upon approval.

Why Vakilsearch?

Vakilsearch is a trusted and respectable choice for Section 8 company registration in India, with a team of knowledgeable experts who can provide expert guidance throughout the registration process. Their online registration service is fast and easy, allowing clients to complete the process from the comfort of their homes or office.

Vakilsearch offers a range of reasonable packages tailored to the needs of Section 8 companies, providing that clients receive quality service at a reasonable price. They understand the importance of timely registration and aim to complete the process as quickly as possible. Vakilsearch also provides ongoing support and assistance to Section 8 companies to provide compliance.

FAQ's on Section 8 Company Registration in Gujarat

Fees for Section 8 Company registration vary based on State norms. For detailed information get in touch with our experts today.
Incorporating a Section 8 Company in Gujarat usually takes 20-30 days, subject to document verification and government processing. For more clarity consult our experts today.
Yes, a physical office address within Gujarat is mandatory for Section 8 Company registration.
Common documents include PAN, Aadhaar, address proof, MOA, AOA, NOC, and declaration by directors
The state government may offer incentives like tax exemptions or grants for Section 8 Companies supporting social causes.
Registration at the RoC can take 10-15 working days, depending on workload and adherence to guidelines. This might vary due to many reasons.
Section 8 Company in Gujarat can operate in multiple districts within the state.
Certain local compliance norms exist, like filing periodic reports to local authorities apart from national regulations.
Approval for the proposed name by the RoC takes approximately 5-7 working days.
No specific restriction within Gujarat, but adherence to zoning and land-use laws is required.
The RoC oversees post-registration compliance, ensuring adherence to legal norms.
Section 8 Companies need to be aware of local tax exemptions or benefits for their operations in Gujarat.
RoC's processing during peaks usually extends registration timelines by a few days.
Yes, Gujarat often hosts networking or support groups aiding Section 8 Companies.
Zoning laws dictate the suitable areas for a Section 8 Company's registered office.
Yes, there is Specific location. Those location details within Gujarat should be included in the memorandum of association.
Yes, Local government initiatives and resources are available for Section 8 Companies aiming at social objectives.
No, a Section 8 company cannot issue shares to the public. It can only issue shares to its members and cannot invite the public to subscribe to its shares.
Yes, a Section 8 company can make profits, but it cannot distribute them to its members as dividends. The profits must be utilized towards promoting its objectives.
Yes, a Section 8 company can be converted into a private or public limited company by passing a special resolution and complying with the provisions of the Companies Act, 2013.
No, a Section 8 company can only have one registered office within the jurisdiction of the Registrar of Companies.
No, a Section 8 company cannot be converted into a trust or society. It can only be dissolved voluntarily or through legal proceedings.

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