धारा 8 कंपनी (एनजीओ) पंजीकरण

धर्मार्थ और सामाजिक कार्य करने वाले संगठनों के लिए गैर-लाभकारी कंपनी पंजीकरण।

A Section 8 company is a not-for-profit incorporated under the Companies Act for charitable, educational, scientific or similar objects, which applies its income to those objects and pays no dividend to its members. It is the most credible of the not-for-profit structures for anyone raising institutional or corporate funding — a licence from the Central Government stands behind it — and it is also the most demanding to run, because it carries full company compliance with the added condition that the profits can never be distributed.

प्रक्रिया

हम वास्तव में क्या करते हैं

1
We compare it against a trust and a society honestly
A trust is quickest and cheapest; a society sits in between; a Section 8 company is the most work and the most credible. If the funding will come from corporates or institutions, the extra work usually pays for itself. If it will come from individuals locally, it often does not.
2
We obtain the licence in Form INC-12
A Section 8 company cannot be incorporated without a licence from the Central Government, applied for with the draft memorandum, the projected income and expenditure for three years, and a declaration of the objects.
3
We draft the objects and the non-distribution clause
The memorandum must apply income solely to the objects and prohibit any dividend to members. The objects clause is also what the income tax exemption application is later assessed against, so it is drafted with 12A in mind rather than rewritten later.
4
We incorporate through SPICe+
Once the licence is issued, incorporation follows the normal route. The name carries no 'Limited' or 'Private Limited' suffix — that exemption is one of the visible marks of a Section 8 company.
5
We handle 12A, 80G and, where needed, FCRA
Registration under section 12A exempts the organisation's own income; 80G lets donors claim a deduction, which is usually what donors ask about first. Foreign contributions need separate FCRA registration, which has its own qualifying period.

यह किसके लिए है

Founders setting up an NGO that will seek CSR funding, where corporates prefer a Section 8 company
Educational, scientific and research initiatives needing a durable corporate form
Organisations intending to apply for 12A and 80G registration under the Income-tax Act
Groups that need the governance credibility a licensed structure gives donors

कितना समय लगता है

Thirty to forty-five working days including the INC-12 licence, which is the step that governs the timeline. The 12A and 80G applications follow incorporation and take their own time.

यदि आप कुछ न करें

A not-for-profit run without a formal structure cannot hold property in its own name, cannot open an account that outlives its founders, and cannot receive CSR funding at all — corporate donors require a registered entity with 12A and 80G. The activity may continue informally; the funding that would sustain it will not.

कानूनी आँकड़े

तारीखें, सीमाएँ और धाराएँ

प्रत्येक आँकड़े के साथ उसका स्रोत दिया गया है।
मद	मान	स्रोत
Governing provision	Section 8, Companies Act 2013	Companies Act 2013
Licence	Form INC-12, from the Central Government, before incorporation	Rule 19, Companies (Incorporation) Rules 2014
Dividend	Prohibited — income must be applied to the objects	Section 8(1)(b) and (c), Companies Act 2013
Name suffix	Exempt from using 'Limited' or 'Private Limited'	Section 8(1), proviso
Income tax exemption	Section 12A registration, with 80G for donor deduction	Sections 12A and 80G, Income-tax Act 1961
Revocation	The licence may be revoked where the objects are contravened	Section 8(6), Companies Act 2013

जो अक्सर ग़लत होता है

Drafting objects that do not match what the 12A application will later be assessed against
Assuming Section 8 status alone gives income tax exemption — 12A is a separate registration
Paying members through remuneration structured to resemble a distribution of profit
Accepting foreign contributions without FCRA registration
Underestimating that full company annual compliance applies, audit included

जुर्माना

Revocation of the licence under section 8(6) where the objects are contravened
Loss of 12A exemption, making the organisation's income taxable
The usual ₹100 per day per form on late annual filings, uncapped
Penalty on the company and officers where profits are applied other than to the objects

ये वैधानिक राशियाँ हैं, हमारा शुल्क नहीं। हमारा शुल्क आपकी स्थिति पर निर्भर करता है और कोटेशन में दिया जाता है।

इसे इनसे न मिलाएँ

मिलती-जुलती सेवाएँ जो अक्सर एक समझ ली जाती हैं।

Trust

A charitable trust is created by a deed and registered with the state charity authority. It is faster and cheaper but carries less governance and is generally less acceptable to institutional funders.

Society

A society is registered under the Societies Registration Act with a state registrar, governed by a managing committee. It sits between a trust and a Section 8 company in both effort and credibility.