Section 8 Company Registration in India

Documents Required to Register a Section 8 Company

• Identity Proof and Address Proof of Partners
  a. Passport/ Aadhar card/ Voter ID/ Driver's License of Directors and Shareholders,
  b. PAN card, and
  c. Utility bills or Bank Statements as address proof.
• Proof of Registered Office
  a. Any utility bill like an electricity bill or corporation tax receipt not later than 30 days to show ownership.
  b. Rental Agreement or No Objection Certificate (NOC) in case of rental property.
• Memorandum of Association (MOA) and Articles of Association (AOA)
  a. MOA defines the objectives and scope of activities of the Company. 
  b. AOA outlines the internal regulations and governance structures of the Company.
• Declaration and Consent of the proposed Directors and Shareholders
  Form DIR-2 is the official consent to assume the Director role within the prospective company.
• Declaration and Consent of the Nominee
  Form INC- 3, along with the PAN card and Aadhar Card, serves as the official consent of the Nominee.

Section 8 Company Incorporation Process

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• Obtain a Digital Signature Certificate (DSC)
  a. A DSC is a digital method of verifying or attesting a document.
  b. The DSC is often issued with one-year or two-year validity. DSC is mandatory for all witnesses in the Memorandum of Association (MOA) and Articles of Association (AOA).
  c. You can obtain a class 2 or 3 DSC through any listed Government Certifying Agencies (CAs).
• Apply for Name Approval using Part A View 
  a. Part A of the SPICe+ form provides for 'Name Reservation' with two proposed names and one re-submission (RSUB).
  b. The applicant must re-file another SPICe+ form with the specified fee if the name is rejected due to a name resemblance with a registered company, an LLP, or a trademark or due to non-compliance with the MCA guidelines.
  Note: One can simultaneously apply for name approval (Part A) and Incorporation (Part B) through SPICe+. But in cases where both parts are simultaneously filed, you can reserve only one name.
• Apply for Company Registration using Part B View 
  a. Part A of the SPICe+ form provides for 'Name Reservation' with two proposed names and one re-submission (RSUB).
  b. The applicant must re-file another SPICe+ form with the specified fee if the name is rejected due to a name resemblance with a registered company, an LLP, or a trademark or due to non-compliance with the MCA guidelines.
  Note: One can simultaneously apply for name approval (Part A) and Incorporation (Part B) through SPICe+. But in cases where both parts are simultaneously filed, you can reserve only one name. 
• Open a bank account
  Open a Current account for your company for seamless transactions & business operations. A current account offers the flexibility to handle various financial aspects, such as receiving client payments, making supplier payments, and managing payroll. 
• File for the Commencement of a Business Certificate
  The commencement of a Business Certificate is the declaration that the Director of the Company needs to file with the Registrar of Companies. It is filed through Form INC-20A within 180 days of the incorporation of the Company.

Section 8 Company Registration Number

The Section 8 Company Registration Number, also known as the Corporate Identification Number (CIN), is a unique 21-digit alphanumeric code assigned to a Section 8 Company upon its registration with the Registrar of Companies (ROC). 
Example of CIN for a Section 8 Company: U85110MH2010NPL207270 
‍The CIN can be broken down into-

• The first letter indicates the listing status of the Company. In this particular example, the Company is Unlisted.
• The next five numbers indicate the specific industry to which the Company belongs.
• The following two letters signify the Indian state in which the Company is registered. Here, it implies Maharashtra.
• The succeeding four numbers denote the year of incorporation of the Company, i.e., 2010.
• The subsequent three letters designate the classification of the Company. Here, “NPL” stands for Not for Profit License Company.
• The last six digits signify the unique registration number issued by the relevant Registrar of Companies (ROC).

How to Get a Registration Number for a Section 8 Company?

The Registration number serves as a distinct identifier for the company and contains information about its registration details, including the state where it's registered and the type of company structure. 
Following the allotment of RD License and approval of the SPICe+ Form, you will receive an intimation from the MCA that includes the Certificate of Incorporation, PAN, and TAN.

Section 8 Company Registration Time

It takes approximately 7 to 15 days to receive the Certificate of Incorporation, subject to approval by the MCA.

Things that Delay a Registration Process

Some common factors responsible for delays are-

• Incomplete or Incorrect Documents
• Technical error or low server in the MCA website
• Additional legal permits
• Delay in the Verification and Payment
• Delay in the allotment of RD License

Section 8 Company Registration Fees

The registration fees for a Section 8 Company can range anywhere from Rs. 3000- 10,000. 
‍*The cost can vary depending on jurisdiction, professional fees, and other relevant factors.

Checklist for Section 8 Company Registration

A concise checklist to help you navigate the Section 8 Company Registration Process:

Obtain DSCs for all designated Directors.

Draft the e-Memorandum of Association & e-Articles of Association.

Secure approval for your company name.

Apply for the RD License.

Utilize the SPICe+ portal to submit documents and make necessary payments.

Obtain the Certificate of Incorporation.

Acquire PAN and TAN for your company.

Open a dedicated company bank account.

Stay compliant with ongoing regulatory requirements.