A Section 8 Company in India, as per the Companies Act, 2013, is a type of non-profit organization that is formed for promoting commerce, art, science, sports, education, research, social welfare, religion, charity, protection of the environment, or any other similar objective. The income and property of a Section 8 Company are used solely for the promotion of its objectives, and no dividends are paid to its members.

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    1. Digital Signature Certificate (DSC):

    Obtain Digital Signature Certificates for the proposed directors of the company.

    2. Director Identification Number (DIN):

    Apply for Director Identification Numbers for the proposed directors. Each director must have a unique DIN.

    3. Name Reservation:

    Choose a unique name for the Section 8 Company and check its availability. Apply for name reservation through the Ministry of Corporate Affairs (MCA) portal.

    4.Memorandum and Articles of Association:

    Draft the Memorandum of Association (MOA) and Articles of Association (AOA) for the Section 8 Company. Ensure that the objectives and rules of the company align with the requirements of Section 8 of the Companies Act.

    5. License Application:

    Prepare and file the application for a license under Section 8 with the Registrar of Companies (RoC). The application should include details about the company’s objectives and a declaration that the profits will be applied solely for promoting the company’s objectives.

    6. Declaration by Professionals:

    Obtain declarations from professionals (such as a company secretary, chartered accountant, or advocate) confirming compliance with the provisions of Section 8 and rules made thereunder.

    7. Incorporation Application:

    File the incorporation application along with the necessary documents, including the license obtained under Section 8, MOA, AOA, and declarations by professionals.

    8. Approval from RoC:

    The RoC will review the application, and if satisfied, will issue the Certificate of Incorporation.

    9. PAN and TAN Application:

    Get Permanent Account Number (PAN) and Tax Deduction Account Number (TAN) for the Section 8 Company with Incorporation.

    9. Post-Incorporation Compliance:

    After incorporation, fulfill post-registration compliance, such as holding the first board meeting, adopting the financial year, and opening a bank account.

    It’s important to note that Section 8 Companies are subject to specific compliance requirements, and their operations are guided by the provisions of Section 8 of the Companies Act, 2013. Webetax Professional advice or legal expert is recommended to ensure compliance with all regulations and procedural requirements. Additionally, the regulatory landscape may change, so it’s advisable to refer to the latest guidelines from the Ministry of Corporate Affairs.

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