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INCORPORATION OF SECTION-8 COMPANY UNDER COMPANIES ACT 2013

 
 

What is Section-8 Company?

Section 8 is a company that is licensed under section 8 of Companies Act, 2013, formerly known as the section 25 company under Companies Act, 1956 with its main object:-

  • IconTo promote social welfare, religion, charity, protection of the environment, research, education, sports, commerce, art, science or any such other object; and
  • IconIntends to apply its profit, if any, or other income in promoting its object; and
  • IconIntends to prohibit the payment of any dividend to its member,
  •  

Where it is proved to the satisfaction of central government may, by issuing license in such manner as may be prescribed, allow that person and associate of person to be registered as limited company under this section without addition to its name of the word ‘limited’ or ‘private limited’.

The minimum requirement that are necessary for such company

  • IconThere must be two shareholders;
  • IconThere must be minimum of two directors (Director and shareholder can be the same person).
  • IconAt least one of the directors shall be the resident of India.
  • IconNo requirement of minimum capital
  • IconThe Income-tax PAN is a mandatory requirement in case of the Indian nationals
  • IconAnyone of the Identity Proof be it Voter ID/Aadhaar Card/Driving License/Passport is required; Passport is, however, a mandatory requirement for the proof of identity in case of the  foreign nationals
  • IconAnyone of the Proofs of Residence (Electricity Bill/Telephone Bill/Mobile Bill/Bank Statement)
  • IconThe Registered Office address proof (that is the rent agreement along with latest rent receipt and a copy of the latest utility bill in the name of the  landlord and a no-objection certificate from the owner of the premises, in case the premises are rented)
  • IconIn case the premises are owned by either the Director or the Promoters, any of the documents establishing the ownership such as Sale Deed/House Tax receipt etc along with the no objection certificate.
  •  
 

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    Section 8 Company Registration in Gurgaon NGO Incorporation

    Planning to start an NGO or non-profit in Gurgaon? AVC India delivers complete Section 8 company incorporation from Section 8 license (INC-12), MOA/AOA drafting, and ROC filing to 12A/80G tax exemptions, CSR-1 registration, NITI Aayog Darpan enrollment, and FCRA foreign contribution licensing for charitable organizations across Gurugram and Delhi NCR.
    • Section 8 License & ROC Incorporation: Complete SPICe+ filing with Regional Director approval and Certificate of Incorporation
    • 12A & 80G Tax Exemption Registrations: Income tax exemption on surplus and donor deduction eligibility to unlock corporate funding
    • CSR-1 & NITI Aayog Darpan Registration: Mandatory registrations to receive CSR grants from Gurgaon's MNC and corporate donor base
    • FCRA Foreign Contribution License: End-to-end FC-3B/FC-4 compliance for NGOs receiving international donations and grants
    • Post-Incorporation Annual Compliance: AOC-4, MGT-7/7A, ITR-7, and board governance support handled by practicing CAs
    Start Your NGO Registration
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    Launching a Legally Compliant NGO in Gurgaon?

    Gurgaon has emerged as one of India’s most active hubs for social entrepreneurship from education and skilling foundations supporting Gurugram’s workforce communities, to environmental NGOs, healthcare trusts, and corporate-backed social impact ventures along Golf Course Road and Sohna Road. However, donors, corporates, and government bodies will only fund organizations built on a credible legal foundation. A Section 8 company under the Companies Act, 2013 is widely regarded as the most transparent and trusted non-profit structure in India.
     
    At AVC India (Aggarwal Varun & Co.), we provide comprehensive Section 8 company registration services in Gurgaon for founders, social entrepreneurs, corporate CSR arms, and existing societies or trusts seeking conversion. Whether you are setting up a skilling academy in Udyog Vihar, a healthcare initiative near Medanta, or an education foundation in Sushant Lok, our team manages the entire incorporation lifecycle.

    Our practicing Chartered Accountants and Company Secretaries prepare a persuasive Section 8 license application (Form INC-12) with a 3-year projected income-expenditure statement, draft your MOA/AOA with precise charitable objects, and file SPICe+ with the Registrar of Companies. We then secure your tax exemptions 12A/12AB and 80G and complete CSR-1, NITI Aayog Darpan, GST, and FCRA registrations so your NGO is fully fundable from day one.

    Beyond incorporation, we act as your long-term compliance partner handling annual ROC filings (AOC-4, MGT-7), Income Tax Return ITR-7, 80G/12A renewals, board resolution drafting, and FCRA annual returns so your organization remains audit-ready for donors, banks, and the Ministry of Corporate Affairs.

    Why Register Your NGO as a Section 8 Company?

    A Section 8 structure delivers unmatched credibility, tax efficiency, and access to institutional funding compared to informal trusts or unregistered societies.

    Highest Donor & Corporate Credibility

    Section 8 companies are governed by the MCA under strict ROC scrutiny making banks, CSR committees, and international grant-makers trust them far more than informal NGOs when releasing funds.

    Complete Tax Exemption via 12A & 80G

    With 12A registration your NGO pays zero income tax on charitable surplus, while 80G lets corporate and individual donors in Gurgaon claim deductions dramatically improving your fundraising ability.

    Eligibility for CSR Grants & Government Schemes

    Only registered NGOs with 12AB, 80G, and CSR-1 can receive mandatory CSR funding under Section 135 unlocking Gurgaon’s deep pool of MNC and listed-company CSR budgets.

    Perpetual Existence with Limited Liability

    Unlike trusts tied to individuals, a Section 8 company has continuous succession board members may change, but the NGO’s legal identity, licenses, and assets remain permanently intact.

    Who Should Register a Section 8 Company in Gurgaon?

    Our incorporation practice supports founders and existing organizations at every stage from first-time social entrepreneurs to established NGOs restructuring for scale.

    • First-Time NGO Founders & Social Entrepreneurs
    Individuals with a social mission education, women empowerment, child welfare, environment, animal care who need a legally sound structure before accepting donations or grants. We convert your vision into precisely-drafted charitable objects and a fully compliant incorporation.
    • Corporate CSR Foundations & Employee Impact Initiatives
    Companies in Cyber City and Udyog Vihar establishing in-house foundations or non-profit arms for structured CSR spending under Section 135. We handle shareholder structuring, board composition, and the full compliance stack required for related-party CSR programs.
    • Existing Societies & Trusts Seeking Conversion
    Societies registered under the Societies Registration Act or private trusts that face limitations in fundraising, banking, or credibility. We manage the complete conversion into a Section 8 company transferring assets, liabilities, and registrations smoothly to the new entity.
    • NGOs Targeting Foreign Grants & International Funding
    Organizations expecting donations from NRIs, foreign foundations, or multilateral agencies. We prepare and file your FCRA application, set up designated bank accounts, and manage FC-4 annual returns to keep your foreign contribution license permanently active.
    • Gurgaon Startups with a Social Impact Model
    Impact ventures and social enterprises in Gurgaon’s startup ecosystem that want grant eligibility alongside limited liability. We structure hybrid-compliant Section 8 entities that can receive donations, CSR grants, and in some cases, service revenue under GST registration.
    • Resident Welfare & Community Associations
    RWA-adjacent welfare foundations, cultural associations, and community service bodies in DLF phases, Sushant Lok, Nirvana Country, and South City that want formal recognition to collect contributions, run community programs, and issue 80G receipts to donors.

    We guide clients on:

    • Section 8 Incorporation
    • Trust Registration
    • Society Registration
    • 12A & 80G Exemptions
    • CSR-1 Filing
    • NITI Aayog Darpan

    Documents Required for Section 8 Company Registration in Gurgaon

    Keep these identity, address, and draft documents ready our team verifies everything before filing to prevent ROC rejections and resubmission delays.

    Director Identity & KYC

    • PAN Card of proprietor (mandatory)
    • Aadhaar Card / Passport / Voter ID
    • Passport-size photographs (latest)
    • Address proof: utility bill / bank statement (not older than 2 months)
    • Email ID and mobile number (OTP-verified on MCA portal)

    Registered Office Proof (Gurgaon Address)

    • Ownership deed / sale deed if the office is owned
    • Rent agreement + NOC from the owner if rented (standard for Sector 31 & Cyber City offices)
    • Recent electricity bill or property tax receipt of the premises
    • Utility bill as proof of business address
    • NOC format signed by the landlord for MCA filing

    MOA, AOA & Drafting Inputs

    • Proposed main objects (charitable purpose statement)
    • Proposed company names (2 options in order of preference)
    • Details of 3-year projected income & expenditure
    • Sources of funding and proposed donor categories
    • Details of existing trustees/members if converting from trust or society

    Director & Subscribers' Declarations

    • Declaration in Form INC-14 (by a practicing CA/CS/CMA/Advocate)
    • Declaration in Form INC-15 (by all subscribers/promoters)
    • Declaration of non-conviction and not-of-unsound-mind (per director)
    • Consent to act as director (Form DIR-2)
    • Proof of DIN for existing directors (if already holding)

    Post-Incorporation Registrations

    • PAN & TAN allotment acknowledgment (auto-generated via SPICe+)
    • GST registration application (if taxable services/activities planned)
    • Bank account opening kit: Board resolution + KYC of directors
    • Professional tax / labor registrations (if hiring staff in Haryana)

    Tax Exemption & Funding Registrations

    • 12A/12AB application (Form 10A/10AB) with activity details
    • 80G application with donation receipts format
    • CSR-1 filing details (PAN, registration certificates)
    • NITI Aayog Darpan portal details (NGO unique ID)
    • FCRA application documents (FC-3B) if foreign funding is planned

    How Section 8 Company Registration Process work?

    A structured, CA/CS-led incorporation framework ensuring fast ROC approval, clean documentation, and zero compliance gaps from day one.

    01

    Consultation & Structure Planning

    We understand your charitable mission, recommend the right structure (Section 8 vs Trust vs Society), and map directors, capital, and compliance requirements.

    02

    Name Reservation (RUN/SPICe+)

    We shortlist 2 compliant name options reflecting your cause (Foundation, Forum, Welfare, etc.) and reserve the name on the MCA portal.

    03

    DSC, DIN & Drafting of MOA/AOA

    Digital signatures and DINs are obtained for all directors; we draft the MOA (INC-13) with precise charitable objects and non-profit clauses.

    04

    Section 8 License (Form INC-12)

    We file the license application with the Regional Director, including the 3-year projected income-expenditure statement and professional declarations.

    05

    SPICe+ Incorporation Filing

    After license approval, we file SPICe+ with ROC — securing Certificate of Incorporation, PAN, TAN, EPFO, and ESIC in one integrated submission.

    06

    12A/80G, CSR-1 & Darpan Registration

    We apply for income tax exemptions and register your NGO on CSR-1 and NITI Aayog Darpan so you can immediately raise donations and CSR grants.

    07

    Bank Account, FCRA & Compliance Handover

    We assist with bank account opening, file FCRA (if applicable), and hand over your compliance calendar with ongoing annual filing support.

    01

    Consultation & Structure Planning

    We understand your charitable mission, recommend the right structure (Section 8 vs Trust vs Society), and map directors, capital, and compliance requirements.

    02

    Name Reservation (RUN/SPICe+)

    We shortlist 2 compliant name options reflecting your cause (Foundation, Forum, Welfare, etc.) and reserve the name on the MCA portal.

    03

    DSC, DIN & Drafting of MOA/AOA

    Digital signatures and DINs are obtained for all directors; we draft the MOA (INC-13) with precise charitable objects and non-profit clauses.

    04

    Section 8 License (Form INC-12)

    We file the license application with the Regional Director, including the 3-year projected income-expenditure statement and professional declarations.

    05

    SPICe+ Incorporation Filing

    After license approval, we file SPICe+ with ROC — securing Certificate of Incorporation, PAN, TAN, EPFO, and ESIC in one integrated submission.

    06

    12A/80G, CSR-1 & Darpan Registration

    We apply for income tax exemptions and register your NGO on CSR-1 and NITI Aayog Darpan so you can immediately raise donations and CSR grants.

    07

    Bank Account, FCRA & Compliance Handover

    We assist with bank account opening, file FCRA (if applicable), and hand over your compliance calendar with ongoing annual filing support.

    Why Gurgaon's NGO Founders Trust AVC India

    What sets Aggarwal Varun & Co. apart as the premier NGO formation and compliance firm in Gurugram and Delhi NCR.

    Practicing FCA-Led Incorporation

    Every MOA, Section 8 license application, and tax exemption filing is reviewed by CA Varun Aggarwal (FCA) not left to junior back-office filers.

    High First-Attempt Approval Rate

    Our precisely drafted INC-12 applications and project reports are built to clear Regional Director scrutiny without repeated clarifications.

    Complete Funding-Readiness Stack

    Beyond incorporation, we deliver 12A/80G, CSR-1, Darpan, and FCRA in one engagement so your NGO can accept its first donation immediately.

    Deep Gurgaon Institutional Knowledge

    We understand the local donor landscape from CSR teams at Cyber City MNCs to resident communities in DLF and Sushant Lok and structure your NGO accordingly.

    Conversion & Restructuring Specialists

    Trust and society conversions, membership restructures, and object amendments handled with full asset and liability transfer support.

    Lifetime Compliance Partnership

    AOC-4, MGT-7, ITR-7, 80G renewals, and board governance one firm accountable for your NGO’s compliance forever.

    The Complete Guide to Section 8 Company & NGO Registration in Gurgaon

    A Section 8 company is a non-profit organization incorporated under Section 8 of the Companies Act, 2013, formed to promote charitable objects such as education, healthcare, poverty relief, environmental protection, arts, science, or social welfare. Unlike a private limited company, it is prohibited from distributing profits as dividends every rupee of surplus must be reinvested into the organization’s stated objectives.
    In a city like Gurgaon where corporate CSR budgets, high-net-worth donors, and international grant-makers converge the legal structure of your NGO directly determines how much funding you can attract. This guide explains the Section 8 registration process, how it compares with trusts and societies, and the tax exemptions every Gurgaon NGO should secure.

    Section 8 Company vs Trust vs Society Which Structure Fits Your NGO?

    Parameter Section 8 Company Trust Society
    Governing Law Companies Act, 2013 Indian Trusts Act, 1882 Societies Registration Act, 1860
    Regulator Registrar of Companies (MCA) Sub-Registrar / Charity Commissioner Registrar of Societies
    Formation Incorporation via SPICe+ + INC-12 license Trust deed between settlor & trustees Memorandum + minimum 7 members
    Governance Board of directors, mandatory compliance Trustees, minimal statutory oversight Governing body, moderate oversight
    Credibility with Donors Highest (MCA-regulated, audited) Moderate Moderate
    Annual Compliance AOC-4, MGT-7, ITR-7 (mandatory) Minimal Annual list of governing body
    Best For Scalable NGOs seeking CSR & foreign grants Family-run philanthropy Member-driven associations

    Step-by-Step Section 8 Registration Process in Gurgaon

    1. Obtain DSC & DIN :All proposed directors need Class 3 Digital Signatures; DIN is allotted through SPICe+ for new directors.
    2. Reserve the Company Name :2 name options proposed via RUN or SPICe+ (suffixes like Foundation, Welfare, Forum, Samiti are permitted).
    3. Draft MOA & AOA: MOA in Form INC-13 must state charitable objects and the mandatory non-distribution clause.
    4. File Section 8 License (INC-12) :Submitted to the Regional Director with INC-14 (professional declaration), INC-15 (promoter declaration), and a 3-year projected income-expenditure statement.
    5. SPICe+ Incorporation:Upon license approval, SPICe+ filing delivers the Certificate of Incorporation with PAN, TAN, EPFO, and ESIC.
    6. Post-Incorporation Registrations: GST (if applicable), professional tax, and bank account opening.
    7. Tax Exemptions & Funding Registrations :12A/80G, CSR-1, NITI Aayog Darpan, and FCRA as applicable.

    12A & 80G The Two Registrations That Decide Your Fundraising Power

    • 12A/12AB Registration: Exempts the NGO’s charitable income from income tax. Without it, surplus is taxed at standard rates. Registration is granted for a 5-year period and must be renewed via Form 10AB.
    • 80G Approval: Allows donors to claim deductions on contributions the single biggest driver of corporate and individual donations. 80G is also time-bound (typically 5 years) and requires renewal.
    • CSR-1 Registration: Mandatory for receiving CSR funds under Section 135 of the Companies Act filed on the MCA portal with your 12AB and 80G certificates.
    • NITI Aayog Darpan: The NGO Darpan unique ID is required for most central and state government grants and empanelments.

    FCRA Registration for Foreign Contributions

    • If your Gurgaon NGO plans to receive donations from foreign sources NRIs, foreign foundations, or international bodies prior permission or FCRA registration under the Foreign Contribution (Regulation) Act, 2010 is mandatory. Key points:
      • The organization must typically be 3 years old for full registration (prior permission route available for specific projects).
      • A designated FCRA bank account must be maintained, and FC-4 annual returns filed without fail.
      • Foreign contributions must be used strictly for the stated objectives, and utilization records must be audit-ready at all times.

    Annual Compliance Checklist for a Section 8 Company

    • Form AOC-4 (financial statements) due within 30 days of AGM
    • Form MGT-7/MGT-7A (annual return) due within 60 days of AGM
    • Income Tax Return ITR-7due 31st October (with audit)
    • Tax audit under Section 44AB where applicable
    • 80G/12A renewal applications before expiry
    • FCRA annual return (FC-4) due 31st December
    • Statutory registers, board minutes, and beneficial ownership updates.

    Frequently Asked Questions

    A: Typically 25–35 working days DSC/DIN (2–3 days), name reservation (3–5 days), Section 8 license approval via INC-12 (15–20 working days with the Regional Director), and SPICe+ incorporation (5–7 days). Well-drafted applications with a realistic 3-year project plan move fastest.

    A: A minimum of 2 directors and 2 members are required; the same individuals can hold both positions. At least one director must be an Indian resident. There is no maximum limit on the number of members, which makes scaling easy.

    A: Total professional + government cost typically ranges between ₹14,000 and ₹25,000 depending on the number of directors, authorized capital, and drafting complexity. Add-on registrations 12A/80G (~₹8,000–₹15,000), CSR-1, Darpan, and FCRA are quoted separately based on your funding roadmap.

    A: Yes a Section 8 company can generate surplus revenue and pay reasonable salaries to its directors and employees. However, no surplus can be distributed as dividends to members; all profits must be applied toward the charitable objects stated in the MOA.

    A: Yes. Any NGO receiving foreign contribution whether from an NRI donor, a foreign foundation, or an international agency must hold FCRA registration or prior permission before accepting funds. Receiving foreign funds without FCRA is a serious penal offense under the FCRA, 2010.

    Ready to Register Your Section 8 Company in Gurgaon?

    Schedule a confidential consultation with CA Varun Aggarwal (FCA) and our company law team at Sector 31, Gurugram. From incorporation to 80G approval, we’ll build your NGO on a foundation donors trust.
    Consult NGO Formation Expert