Essential Forms to file for section 8 company registration-
The following forms are required to be filed for the registration of a Section 8 company in India:
INC-32 (Application for reservation of name) - To declare compliance with the provisions of the Companies Act, 2013.
INC-7 (Declaration of compliance) - To declare compliance with the provisions of the Companies Act, 2013.
MOA (Memorandum of Association) and AOA (Articles of Association) - To state the objects and regulations of the company.
INC-33 (Certificate of Incorporation) - To obtain a certificate of incorporation from the Registrar of Companies (ROC).
DIR-12 (Particulars of appointment of directors) - To provide details of the directors appointed in the company.
INC-22 (Notice of the situation of registered office) - To notify the RoC about the registered office of the company.
Form MSME-1 (Declaration of Micro, Small and Medium Enterprises) - To provide information about the company's status as a micro, small, or medium enterprise.
Document required for section 8 company registration
The following documents are required for the registration of a Section 8 company in India:
1. PAN (Permanent Account Number) and TAN (Tax Deduction and Collection Account Number) of all directors.
2. DIN (Director Identification Number) of all directors.
3. Digital Signature Certificates (DSC) of all directors.
4. Proof of registered office address, such as a rent agreement or utility bill.
5. ID and address proof of all directors, such as a passport, voter ID, or driver's license.
6. Memorandum of Association (MOA) and Articles of Association (AOA) of the company.
7. Resolution of the board of directors regarding the formation of the company.
8. Declaration of compliance with the provisions of the Companies Act, 2013.
9. Application for reservation of name, in Form INC-32.
10. Form MSME-1 (Declaration of Micro, Small, and Medium Enterprises) if the company is a micro, small, or medium enterprise.
Procedure of Section 8 company registration –
The procedure for the registration of a Section 8 company in India is as follows:
Step 1-Obtain DIN and DSC for all directors: All directors must obtain a Director Identification Number (DIN) and a Digital Signature Certificate (DSC).
Step 2-Choose a unique name: Choose a unique name for the company and conduct a name availability check with the Ministry of Corporate Affairs (MCA).
Step3-Prepare the MOA and AOA: Prepare the Memorandum of Association (MOA) and the Articles of Association (AOA) of the company, which outline the objects and regulations of the company.
Step 4-File the incorporation form: File the incorporation form (INC-32) along with the MOA, AOA, and the requisite fee, with the MCA.
Step 5 -Obtain approval from the RoC: Once the incorporation form is filed, the RoC will approve the formation of the company.
Step 6-Obtain the Certificate of Incorporation: After obtaining approval from the RoC, the company will receive the Certificate of Incorporation.
Step 7 -Obtain PAN and TAN: Obtain PAN (Permanent Account Number) and TAN (Tax Deduction and Collection Account Number) for the company.
Step 8 -Apply for tax exemptions: If the company intends to apply for tax exemptions under the Income Tax Act, it must apply for 80G and 12A registrations.
PSR Compliance Assistance
The process of registering a Section 8 company involves adhering to many requirements, preparing documents, and complying with pre-incorporation and post-incorporation compliances. Moreover, complying with specific MCA mandates is imperative to avoid incurring hefty penalties and late fees. This process can seem daunting and confusing without professional assistance. PSR Team provides expert service in the online registration process of one’s company on the MCA website. Our team of experts will assist you every step of the way in your journey to get your company registered.