Section 8 Microfinance Company Registration

Author: Vakil Karo

Introduction:

Microfinance plays a crucial role in providing financial services to the economically vulnerable sections of society. If you are passionate about making a positive impact and want to start a microfinance company under Section 8 of the Companies Act, this guide will walk you through the essential steps for registration.

Understanding Section 8 Company:

A Section 8 Company, as per the Companies Act, is a non-profit organization that is formed with the primary objective of promoting charitable activities. In the context of microfinance, establishing a Section 8 Company allows you to focus on social welfare and financial inclusion without the primary goal of profit-making.

Key Steps for Section 8 Microfinance Company Registration:

  1. Name Approval: Choose a unique and meaningful name for your microfinance company. Ensure that the proposed name aligns with the guidelines set by the Ministry of Corporate Affairs (MCA). Apply for name approval through the MCA's online portal.

  2. Drafting Memorandum of Association (MOA) and Articles of Association (AOA): Clearly outline the objectives, powers, and rules of your microfinance company in the MOA and AOA. These documents are crucial for obtaining the necessary approvals from regulatory authorities.

  3. Obtaining Digital Signatures and Director Identification Numbers (DIN): All directors of the Section 8 Company need to obtain Digital Signatures and Director Identification Numbers. These are essential for filing documents electronically with the Registrar of Companies (RoC).

  4. https://www.vakilkaro.com/microfinance-company-registration

  5. Application for License: Prepare a detailed application for obtaining a license under Section 8 of the Companies Act. Submit the application along with the required documents to the RoC.

  6. Approval from the National Company Law Tribunal (NCLT): After the RoC's approval, the application needs to be submitted to the NCLT for final approval. The NCLT will review the application and grant the license if it meets all the necessary criteria.

  7. https://www.youtube.com/watch?v=Cut4Hx4G0Gw

  8. Registration with the Income Tax Department: Once you receive the license from the NCLT, proceed to register your microfinance company with the Income Tax Department to obtain tax exemptions as per Section 12AA and 80G.

  9. Commencement of Operations: After completing all formalities, your Section 8 Microfinance Company is ready to commence its operations. Develop a comprehensive plan for microfinance activities, ensuring compliance with all regulations.

Conclusion:

Registering a Section 8 Microfinance Company requires careful planning, adherence to legal procedures, and a commitment to social welfare. By following these steps, you can establish a microfinance institution that not only serves the financial needs of the underserved but also contributes to the overall development of the community.