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Why to register a Section 8 Company and not Trust and Society

Author: Compliance Calendar
by Compliance Calendar
Posted: Sep 14, 2022


When a company is registered for the purpose of Not-for-profit objective then it is called Section 8 company registration. The Governing Section 8 Company Registration Act is Companies Act, 2013 as Section 8 company registration online and various compliances associated therewith are governed by provisions of Companies Act, 2013.

Key take aways of this article:

  • Section 8 company registration Act
  • Section 8 company registration online
  • Section 8 company registration process
  • Section 8 company registration documents
  • Differences between Section 8 company, trust, society


Section 8 company registration procedure and compliances thereafter are governed by Companies Act, 2013. It is regulated by Registrar of Companies (ROC), a wing of Ministry of Corporate Affairs (MCA).


With the introduction of MCA 21 portal, the registration of various companies including Section 8 company registration and filing of most of the forms are done Online by visiting the MCA portal i.e. The motive of these companies is not money making but channelizing their incomes or profits towards promotion of social welfare, commerce, arts, education, environment protection, research, science etc. The registration procedure is similar to that of other companies, and it also requires an additional license.

Section 8 company can not use its profits or incomes to pay dividends to its members. The income is to be spent on the charitable objectives. MCA issues Certificate of incorporation (COI) under the hand of Registrar of Companies (ROC).


The stepwise procedure for Section 8 company registration is as follows:


Apply for DSCs of Subscribers to MOA and First Directors


Apply for DIN of First Directors (DIN up to 3 directors may be applied in integrated incorporation form (form SPICe Plus)


Checking name availability on MCA portal and Trademark Public Search


Apply for name in Name Reservation (form SPICe Part A)


Once name approval letter is received name stands reserved for initially 20 days which may be further extended up to 40 days (max name reservation period can be 60 days) on filing extension application and payment of additional fees.


Apply for Incorporation of company in SPICe Part-B along with all other forms (AGILE-PRO-S, INC-9) and all attachments


Once incorporation application is approved by ROC, he will issue Certificate of Incorporation (COI) under his hand. Along with this, PAN and TAN are also issued by the Income Tax Dept.


As of now you are aware of Section 8 Company Registration Process the next is to know about the Section 8 company registration documents, these are listed below:

  • Self-attested copy of PAN card and Aadhar Card of Subscribers to MOA and Directors.
  • Self-Attested copy of Bank Statement or Utility Bill (should not be older than 2 months) as present address proof of Subscribers and Directors.
  • Self-Attested copy of Voter ID/ Driving License/ Passport as permanent address proof of subscribers and directors.
  • Consent Letter in form DIR-2 and declaration as to non-disqualification and interest in other entities in form DIR-8 for first directors.
  • Rent agreement/ NOC from owner and utility bill for Private Limited Company Registered Office address.
  • Details regarding the share capital of the company including the authorized share capital and paid-up share capital of the company.
  • Details about the business activity and NIC code of business activity of the company.


Point of comparison

Section 8 company



Governing Act

Societies are governed by the Societies registration Act, 1860

Trusts are governed by Indian Trusts Act,1882

Section 8 companies are governed by the Indian Companies Act, 2013

Registration Authority

Registrar of society

Deputy Registrar of state

Registrar of Companies

Main Registration documents

Document of Association and Regulation

Trust Deed

Memorandum of association and Articles of association

Stamp duty

No stamp duty is required to be paid on main instrument

According to Stamp Act of respective states stamp duty is applicable

On registration of MOA and AOA with Registrar of companies stamp duty is required to be paid.

Members required

Minimum 7 members

Minimum 2 persons are required

Minimum 2 in case of private company and 7 members in caser of public companies

We hope that you liked this article, still if you have any questions or suggestions for us, or if you yourself is looking for an opportunity for Section 8 Company Registration in India then please contact to our expert team at Compliance Calendar LLP at or 9988424211.

About the Author

A Private Company Registration in Gurgaon/Gurugram is the most popular way of business registrations among all the categories like small, medium, and large enterprises in India.

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Author: Compliance Calendar

Compliance Calendar

Member since: Sep 03, 2022
Published articles: 3

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