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Section 8 Company Registration: Simple & Legal Process Guide

Step-by-Step Guide to Registering a Section 8 Company Legally & Efficiently

By Neha GoyalPublished 11 months ago 3 min read

A Section 8 Company is a non-profit organization established under the Companies Act, 2013. It is primarily formed for charitable, social, educational, religious, or other non-commercial objectives. Unlike other business entities, Section 8 Company Registration provides tax benefits and exemptions, making it a preferred choice for NGOs and non-profit organizations. This guide will walk you through the step-by-step registration process, compliance requirements, and related aspects, including GST Registration, GST Cancellation, and One Person Company (OPC) Registration.

Benefits of Section 8 Company Registration

•Legal Status: A registered Section 8 company holds a separate legal identity.

•Tax Benefits: Exemptions under the Income Tax Act.

•Credibility: Enhanced trust among donors and government agencies.

•No Minimum Capital Requirement: Can start operations with minimal investment.

Section 8 Company Registration Process

Step 1: Obtain Digital Signature Certificate (DSC)

To register a Section 8 Company, the directors must obtain a DSC for electronic filing of documents.

Step 2: Apply for Director Identification Number (DIN)

Each director must obtain a DIN from the Ministry of Corporate Affairs (MCA).

Step 3: Name Approval

The proposed company name must be unique and comply with MCA guidelines. The application is submitted via RUN (Reserve Unique Name) form on the MCA portal.

Step 4: Drafting Memorandum of Association (MOA) & Articles of Association (AOA)

These documents define the company’s objectives and governance structure.

Step 5: Filing Incorporation Form (SPICE+)

Submit the SPICE+ (Simplified Proforma for Incorporating a Company Electronically) form along with required documents.

Step 6: Issue of Incorporation Certificate

Once the MCA approves the application, the Certificate of Incorporation is issued.

Step 7: Apply for PAN & TAN

The company must obtain a Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN).

GST Registration for Section 8 Companies

A Section 8 company engaged in taxable activities must apply for GST Registration to comply with tax laws.

Online GST Registration Process

1.Visit the official GST Portal.

2.Click on ‘New Registration’ and fill in the required details.

3.Upload GST Registration Documents, including PAN, business proof, and bank details.

4.Submit the application and verify it using Digital Signature (DSC) or OTP.

5.Track the GST Registration Status via ARN (Application Reference Number).

6.Once approved, the GST Registration Certificate is issued.

GST Registration Fees

There is no government fee for GST Registration, but professional service charges may apply.

GST Registration Limit

•Businesses with an annual turnover exceeding ₹20 lakh (for services) or ₹40 lakh (for goods) must register for GST.

•Certain entities must register compulsorily, irrespective of turnover.

GST Cancellation for Section 8 Companies

If a Section 8 company ceases operations or does not meet GST requirements, it must apply for GST Cancellation.

How to Cancel GST Registration?

1.Log in to the GST Portal.

2.Direct to ‘Services’ > ‘Registration’ > ‘Application for Cancellation of Registration’.

3.Fill in the required details and provide a valid reason.

4.Submit the request and track the GST Cancellation Process.

5.Once approved, the Cancellation of GST Registration is confirmed.

One Person Company (OPC) Registration

An OPC (One Person Company) is a unique business structure designed for individual entrepreneurs.

Benefits of OPC Registration

•Limited Liability: The owner’s personal assets are protected.

•Separate Legal Entity: OPC enjoys independent legal status.

•Easy Compliance: Fewer regulatory requirements compared to Pvt Ltd companies.

OPC Company Registration Process

1.Obtain DSC and DIN for the sole director.

2.Name Approval via the MCA portal.

3.Draft MOA & AOA outlining business objectives.

4.Filing of SPICE+ Form for incorporation.

5.Certificate of Incorporation Issuance upon approval.

6.Apply for PAN & TAN for tax compliance.

7.OPC Registration in India is completed.

Conclusion

Registering a Section 8 Company ensures legal credibility and tax benefits for non-profit organizations. Additionally, obtaining GST Registration, maintaining compliance, and identifying GST Cancellation are essential for operational success. If you are an individual entrepreneur, One Person Company Registration offers a structured and compliant business setup. Following this guide will help streamline the process and ensure seamless incorporation of your entity.

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About the Creator

Neha Goyal

i am digital marketer

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