Section 8 companies—often set up for promoting commerce, art, science, charity or any other useful…
Incorporation of Section 8 Company
- Posted by admin
- On August 6, 2025
Table-1
| INCORPORATION OF SECTION 8 COMPANY | ||||
| Steps | Process | Documents required | Timelines | Remarks |
| 1 | Apply for name reservation of proposed company | a) Atleast two names of the proposed Company are required.
b) Brief object of the business of the proposed Company. Basis the same, will prepare the main objects of the Proposed Company and share with you for approval (Refer Note-1)
Name is valid for 20 days |
X | The proposed name should not be identical to the name of any existing company registered under the Companies Act 2013 and the name of Section 8 Company must end with the words prescribed for this purpose like foundation, forum, association, federation, chambers, confederation, council, electoral trust, etc. The name chosen should not constitute an offence under any law and should not be undesirable in the opinion of the Central Government.
We request you to provide the Proposed names for our preliminary check before applying for name reservation.
We will check and confirm the availability of the names, however approval depends upon the discretion of Centralized registration Centre (CRC).
The name approved by CRC will be available for 20 days for submitting all documents in Spice+ Part B for incorporation of the Company.
|
| 2 | Apply for Digital Signature Certificate (DSC)-Class 3 | a) Photo of the proposed directors and subscribers
b) Education qualification and area of occupation of proposed directors and subscribers |
(X+2) | Process of DSC- Class 3:
Mobile Verification: OTP shall be generated from service provider which applicant shall have to share within 10 minutes. |
| 3 | Preparation of Draft Memorandum of Association (“MOA”) and AOA | Drafting of MOA and AOA
(Refer Note-2) |
(X+4) | Draft will be prepared based on the inputs received from shareholders and will be shared for their review and confirmation. |
| 4 | Application for incorporation of Company through Spice+ | Information required for Spice+:
b) No. of shares agreed to be subscribed by the subscribers – % to be decided. c) Registered office address (full address with name of Policy Station) d) Self attested ID and Address proof of each subscriber. e) Self attested ID and Address proof of each Director. f) Copy of Consent to act as Director in Form DIR-2. g) Utility bill in the name of the owner of the premises to be used as Registered office of the Company. h) Ownership proof of the of the premises to be used as Registered office of the Company. Note: Premises could be on lease basis also. In that case, NOC from Owner is required. i) Estimated Income & Expenditure for the next three years |
(X+7) | Draft documents/declaration of Directors will be shared for physical signature |
| 5 | Other mandatory services under AGILE PRO |
a) Mandatory issue of EPFO registration b) Mandatory issue of ESIC registration c) Mandatory Opening of Bank Account for the Company. d) Profession Tax registration (only for Maharashtra) An OTP based verification will be conducted and OTP will be sent to mobile no. and email ID mentioned in the AGILE pro. |
(X+7) | |
| 6 | Preparing and filing of Incorporation forms and declarations | a) Preparation of web-based Spice plus form, Agile Pro, e-MOA and e-AOA
b) Review of aforesaid forms and related documents. c) Subscriber sheet will be physically signed and attached with signed MOA & AOA in PDF Format d) Affix DSC of directors and Practicing Company Secretary on aforesaid forms (Spice plus, Agile Pro, Form INC-9) and signing of documents. f) Upload all the forms using the linked form uploading facility of the MCA and pay the Incorporation fees and stamp duty fees. e) After incorporation of the Company, MCA will issue following documents:- |
(X+15) | |
| Note-1 | The proposed Section 8 Company is intended to be incorporated exclusively with the objects of promoting commerce, art, science, sports, education, research, social welfare, religion, charity, protection of the environment, or any other object. |
| Note-2 | The ROC requires both physical and electronic copies of the MOA and AOA, which is a standard practice. |
| Note-3 | If the proposed Section Company is incorporated as a Public Company, it will require a minimum of seven subscribers and a minimum of three directors. |
Table-2
| Documents/Information required from Proposed Directors/Shareholders | |||||
| S.
No. |
List of Documents | Director 1 | Director 2 | Subscriber/ Shareholder 1 |
Subscriber/ Shareholder 2 |
| 1 | Self-attested copy of PAN Card | Required | Required | Required | Required |
| 2 | Self-attested copy of Voter id/Driving License/Passport | Required | Required | Required | Required |
| 3 | Self-attested copy of Aadhar Card | Required | Required | Required | Required |
| 4 | Self-attested copy of Utility Bills not older than two months (such as telephone, electricity, water bills). | Required | Required | Required | Required |
| 5 | One passport size photograph of Directors and Subscribers | Required | Required | Required | Required |
| 6 | Email id, Contact No, Din No. (if any) | Required | Required | Required | Required |
| 7 | DSC’s of Subscribers and Directors | Required | Required | Required | Required |
| 8 | Specimen Signature of Authorized Signatory for EPFO | Required | Required | NA | NA |
| DOCUMENTS FOR REGISTERD OFFICE ADDRESS | |||||
| 1 | Notarised Sales Deed, lease or rent agreement | Optional | |||
| 2 | NOC from the registered owner | Required | |||
| 3 | Utility Bills not older than two months (such as telephone, electricity, water bills). | a) Utility bill in the name of the owner of the premises b) Ownership proof of the premises (Notarised Sales Deed, lease or rent agreement) |
|||
| BANK ACCOUNT | |||||
| 1 | Preferred Bank for opening of current account | List of Banks provided by MCA, as mentioned below:
· Punjab National Bank · SBI Bank · ICICI Bank · Kotak Mahindra Bank · Bank of Baroda · HDFC Bank |
|||
Table-3
| Other Post Incorporation Compliances | |
| 1 | Printing of MOA and AOA of the Company |
| 2 | Receipt of money from the Subscribers to the MOA – deposit of money into the bank account |
| 3 | Appointment of the First Auditor of the Company |
| 4 | Filing of ADT-1 for the appointment of First Auditor of the Company (not mandatory) |
| 5 | Issuance of Share Certificates to the Subscribers |
| 6 | Payment of stamp duty on the Issuance of Share Certificates |
| 7 | Filing of INC-22 for the Verification of the registered office. (Applicable only if the correspondence address as mentioned in the SPICE+ is different from the registered office address |
| 8 | Filing of INC-20A for the commencement of business and to exercise borrowing powers |
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