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Section 8 Company Incorporation

Section 8 Company Incorporation

  1. What are the documents which are required while incorporating the Section 8 Company?

    The following documents are requiredwhile incorporating Section 8 Company:

    1. For application of DSC, self-attested copy of-
    1. a) Photo ID – PAN/Voter ID/Driving License 
    2. b) Address Proof- Voter ID, Bank Statement, Utility Bill.(Bank Statement and Utility bills should not be older than last 2 months) 
    3. c) Photos of the applicant (even soft copy will serve the purpose) 



    1. For Name Availability
    1. a) Proposed name (use of word Foundation, Association etc.is mandatory for Section 8 company) 
    2. b) Main Objects of the company 

     

    iii. For SPICE+ form– Application for Incorporation Certificate

    1. a) Memorandum of Association (normal pdf attachment not e-form)
    2. b) Articles of Association (normal pdf attachment not e-form)
    1. c) PAN of the subscribers to the Memorandum (1st Directors of the company) 
    2. d) Proof of ID and Address of the subscribers to the Memorandum. 
    3. e) Notarized Rent Agreement of the Registered Office. 
    4. f) NOC from the owner to use the premises 
    5. g) Utility bill of the premises, not older than last 2 months 
    6. h) Declaration under form INC 15, from all the directors 
    7. i) Declaration under Form INC 14 by the Chartered Accountant 
    8. j) Estimated Income and Expenditure for the next 3 years in the Prescribed Format. 



    1. For Agile Pro-S
    1. a) Name of the Bank, where company is willing to open the Bank Account. 
    2. b) Specimen Signature for EPFO 
    3. c) NOC for opening a bank account 
    4. d) Declaration of Authorised signatory for GSTN


  1. Whether a Section 8 Company can contain Micro Finance/Credit words in its name or object at the time of incorporation?

  1. Whether a Section 8 Company can contain Micro Finance/Credit words in its name or object at the time of incorporation? 

    No.

     

    Whether filing INC-12 is mandatory to incorporate Section 8/Part I Section 8 Company? 

    No, as substituted by the Companies (Incorporation) Amendment Rules, 2020 w.e.f. 15th February, 2020, license for Section 8/ Part I Section 8 Company shall be issued through SPICe+ form. Form INC-12 shall not be filed for obtaining license for a new Section 8 company.

     

    Which words are mandatorily to be used in the name of section 8 Company? 

    The proposed name of Section 8 company shall include any one of the words i.e. Foundation, Forum, Association, Federation, Chambers, Confederation, Council, Electoral Trust, etc.

     

    Which NIC code is required to be selected in SPICe+ PART-A in case of application for incorporation is for a Section 8 Company? 

    The objects of a Section 8 Company can be the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object and for that preferably NIC code 85 i.e. (Health and Social Work)/91 i.e. (Activities of Membership Organisations) is to be selected in SPICe+]












    Annexures/Formats

    1. Income and Expenditure statement

    COMPANY NAME

    PROJECTED INCOME AND EXPENDITURE ACCOUNT

    Expenditure

    31.0 3.2019

    31.0 3.2020

    31.0 3.2021

    Income

    31.0 3.2019

    31.0 3.2020

    31.0 3.2021

    Rent & Utilities

         

    Subscription

    Printing & Stationery

                 

    Repair & Maintenance

                 

    Salary & Staff Welfare

                 

    Office Expenses

                 

    Depreciation

                 

    Excess of Income over Expenditure

                 
                   

    Total

     

    (Promoter and Director)

    (Promoter and Director)






    Source: Section 8 Company Incorporation Process through Spice+ (taxguru.in)


NOC for Bank Account Opening

    1. NOC for Bank Account Opening

    Date : – ………

    To

    The Registrar of Companies

    ………

    Subject: No Objection Letter opening of Bank Account.

    Ref:

    I, …Name of Subscriber…………. ,S/o ………….., permanent residing at …………………, do solemnly declare that Opening of Bank Account by me on Behalf of the Company. I do hereby confirm that I have no objection for opening of Bank Account in……Name of the Bank……… of the Company proposed to be incorporated under the name and style of …Name of the Company……… which in also approved by All Directors.

    Thanking You

    Yours faithfully Name:

    Authorised Signatory

    Director

    Director



    1. NOC for EPF Account

    Date: – ……….

    To,

    The Registrar of Companies

    ………….

    Subject: No Objection Letter for EPFO.

    1. I, …..Name of the Subscriber…,S/o ………., permanent residing at ………..do solemnly declare that Registration of EPFO by me on Behalf of the Company. I do hereby confirm that I have no objection for Taking Registration of EPFO of the Company proposed to be incorporated under the name and style of ……Name of the Company….. which in also approved by All Directors.

    Thanking You

    Yours faithfully Name:

    Authorised Signatory

    Director

    Director

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