Are you passionate about driving social change, promoting education, protecting the environment, or fostering charitable work? If so, forming a Section 8 Company in India might be the perfect structure to give your vision a legal identity. At Tax NGOExperts, a trusted arm of NGO Experts Company, we specialize in guiding individuals and groups through the entire process to start NGO, ensuring a smooth and hassle-free experience.

In this blog, we walk you through the procedure for incorporation of section 8 company—from documentation to registration, including essential steps like NGO Darpan portal registration. Let’s dive in.

What is a Section 8 Company?

A Section 8 Company is a special type of company registered under the Companies Act, 2013 that promotes charitable objectives such as:

  • Education

  • Art and culture

  • Science

  • Social welfare

  • Religion

  • Environmental protection

Unlike other companies, a Section 8 Company cannot distribute profits as dividends to its members. Instead, all income must be reinvested to promote the organization’s mission.

Why Choose a Section 8 Company?

Section 8 Companies offer several advantages:

  • Legal status and credibility in the eyes of donors, government agencies, and stakeholders.

  • Exemptions under Income Tax Act (such as Section 12A and 80G).

  • Separate legal entity with limited liability.

  • Higher trust among corporate donors, especially for CSR (Corporate Social Responsibility) funding.

Step-by-Step Procedure for Incorporation of Section 8 Company

1. Digital Signature Certificate (DSC)

The first step is to obtain DSC for all the proposed directors and subscribers of the company. It is required to digitally sign electronic documents on the MCA portal.

2. Director Identification Number (DIN)

Once DSC is secured, the next step is to apply for DIN for the proposed directors if they do not already have one. DIN is a unique identification number allotted by the Ministry of Corporate Affairs (MCA).

3. Name Approval via RUN (Reserve Unique Name)

Next, an application is submitted on the RUN portal of the MCA for name reservation. The name should include words like "Foundation", "Association", "Forum", "Federation", etc., to reflect its non-profit nature.

4. Drafting of MOA & AOA

Once the name is approved, the Memorandum of Association (MOA) and Articles of Association (AOA) are prepared. These documents define the company’s objectives, governance, and operational rules.

5. Form INC-12 Filing

This is a crucial step. Form INC-12 is filed with MCA along with the following attachments:

  • Draft MOA and AOA

  • Declaration by professionals (CA/CS/CMA)

  • Estimated income and expenditure for the next 3 years

  • Statement of work and objectives

  • List of directors and promoters

6. Issuance of License

If the Registrar of Companies (RoC) is satisfied with your application, a license under Section 8 will be granted in Form INC-16.

7. Incorporation Application (SPICe+ Form)

After the license is granted, the incorporation application is submitted via the SPICe+ form, which includes:

  • Form INC-32 (Simplified Proforma for Incorporating Company Electronically)

  • Form AGILE-PRO-S (for PAN, TAN, EPFO, ESIC, GSTIN)

  • INC-9 and DIR-2 (declarations)

Once approved, the Certificate of Incorporation (COI) will be issued.

Post-Incorporation Requirements

After successfully incorporating your Section 8 Company, several essential registrations follow:

1. NGO Darpan Portal Registration

Registering on the NGO Darpan portal (maintained by NITI Aayog) is vital to receiving government grants and maintaining transparency. At Tax NGOExperts, we provide full support for NGO Darpan portal registration, ensuring your profile is complete and compliant.

2. 12A and 80G Registration

For tax exemption and donor benefits, apply for 12A (income tax exemption) and 80G (donor tax benefit) registrations under the Income Tax Act.

Documents Required

Here’s a quick checklist:

  • PAN & Aadhaar of directors

  • Passport-size photos

  • Address proof of registered office

  • Utility bill (not older than 2 months)

  • Consent letters (DIR-2) from directors

  • Declaration from professionals (Form INC-14 & INC-15)

Why Choose Tax NGOExperts?

Tax NGOExperts, associated with the reputed NGO Experts Company, offers unmatched expertise in the process to start NGO, including the incorporation of Section 8 Companies. Here's why clients trust us:

  • End-to-end assistance from registration to compliance

  • Affordable pricing with no hidden charges

  • Experts in NGO Darpan portal registration, 12A, and 80G filings

  • Fast turnaround with dedicated support

Final Thoughts

Starting a Section 8 Company may seem complex, but with the right guidance, it becomes a seamless journey. Whether you’re an individual, trust, or society planning to scale your impact, our team at Tax NGOExperts is here to help.

Let us handle the legalities so you can focus on what truly matters—creating a better world.

Ready to begin the process to start NGO?