Start your NGO or non-profit as a Section 8 company with Legal Startup. A dedicated corporate expert checks your objects and name, prepares the licence application and incorporation documents, and explains 12A, 80G and the compliance that follows.
Free call & custom quote · Professional fee + government fee & stamp duty
Section 8 company registration means incorporating a non-profit company under Section 8 of the Companies Act, 2013, with a licence from the Regional Director on behalf of the Central Government. It is the company form used for NGOs, foundations and associations that promote charity, education, science, sports, social welfare, research or similar objects.
Last updated: October 2026. Forms, fees, rules and time limits can change, so we confirm the current position before filing.
A Section 8 company is a company formed to promote commerce, art, science, sports, education, research, social welfare, religion, charity, protection of the environment or a similar object. It applies its income and profits only to promote those objects and is not allowed to pay dividends to its members. It is governed by Section 8 of the Companies Act, 2013 and the rules made under it.
Many people know this structure as an NGO company, a charitable company or a company limited by guarantee. Compared with a trust or society, it is a separate legal entity under company law, supervised by the Ministry of Corporate Affairs and the Registrar of Companies. This often gives donors, banks and grant-making bodies more confidence in how the organisation is run.
Registration is done online through the MCA. For official forms and notifications, visit the MCA portal (mca.gov.in), the official website of the Ministry of Corporate Affairs, Government of India. Income tax exemption and donor benefits are handled separately through the Income Tax Department portal.
The Companies Act, 2013 sets conditions on objects, people and name before a licence is granted.
People who form and run the company.
What the company must aim to do.
How the company presents itself.
Financial position at the start.
Not sure whether a Section 8 company, a trust or a society suits your plan? Tell us about your objects and our experts will explain the options free of charge.
Why NGOs, foundations and social enterprises choose this structure for their non-profit work.
A company form regulated by the MCA is often easier for donors, banks and grant-makers to trust.
Members are liable only up to the guarantee amount or unpaid share value, not with personal assets.
The company owns assets, signs contracts and continues even if directors or members change.
After incorporation, you can apply for 12A and 80G, subject to approval by the Income Tax Department.
The Act prescribes no minimum capital, so you can start with the funds your plan needs.
Apply from anywhere in India without visiting a Registry office.
From name check to licence and tax registration, here is how it works.
Timelines depend on name approval, document accuracy and the Regional Director's review. Not to scale.
Proposed directors need a DSC to sign the e-forms. We guide you through issuance.
The name must be available on the MCA register and suit a non-profit. We check it against existing companies and trademarks.
We draft non-profit objects and collect director, subscriber and registered office documents, plus a statement of assets and liabilities and income and expenditure estimates.
The licence application and incorporation filing are made on the MCA portal. Government fee and stamp duty are paid at filing.
Once the Regional Director grants the licence, the Registrar issues the Certificate of Incorporation with PAN and TAN. We respond to any queries raised.
Apply to the Income Tax Department for tax exemption and donor deduction benefits after incorporation.
Keep these ready to avoid delays. Our expert will confirm the exact list for your case.
The total cost depends on the authorised capital or guarantee amount, the state of your registered office and the number of directors and subscribers. It generally has three parts:
The MCA fee is linked to authorised capital. The schedule can change, so we confirm the current amount before filing.
State stamp duty applies to the MoA and AoA and varies by state. Some states offer concessions for Section 8 companies, which we check for you.
Our fee depends on the case and the filings required. Call free for a custom quote before you pay anything.
12A and 80G registration, GST registration and ongoing compliance are quoted separately. We share a clear, itemised quote before you begin. Get your free quote →
Choose the situation that matches your plan, or call free for a custom quote.
Founders starting an NGO or non-profit company from scratch.
Registration and tax registration for donor-funded work.
Converting a company, trust or society, or handling annual filings.
Our professional fee is quoted after a free call. Government fee and stamp duty are separate and depend on authorised capital and state. Not sure which option fits? Ask for a free consultation.
A quick view of how a Section 8 company differs from other common structures.
| Structure | Who it serves | Minimum members | Regulator | Compliance |
|---|---|---|---|---|
| Section 8 company | Non-profit objects | 2 directors and 2 members (private), 3 and 7 (public) | MCA and Registrar of Companies | Higher |
| Trust | Charitable or private purposes | Settlor and trustees | Trust law and state authorities | Lower |
| Society | Non-profit membership body | 7 members | Registrar of Societies | Moderate |
| Private limited company | Profit-making business | 2 directors, 2 shareholders | MCA | Higher |
Careful planning before filing prevents most delays and rejections.
Incorporation is the start. A Section 8 company also has ongoing company law and tax compliance.
Open a current account in the company's name for donations, grants and expenses.
The Board appoints the first auditor and the appointment is filed with the ROC.
Apply to the Income Tax Department for tax exemption and donor deductions. These do not come with incorporation.
Hold board and general meetings, file financial statements and annual return with the ROC, complete audit and income tax return, and complete director KYC.
GST registration, CSR-1 for corporate funding, or FCRA for foreign contributions may apply depending on your activities.
Quick answers on Section 8 company registration in India.
A Section 8 company is a non-profit company incorporated under Section 8 of the Companies Act, 2013 to promote objects such as charity, education, science, sports, social welfare, research, religion or protection of the environment. It must apply its profits to those objects and cannot pay dividends to its members.
Get DSCs for the proposed directors, check the name, prepare the MoA, AoA and supporting documents, and apply on the MCA portal for the Section 8 licence along with SPICe+ incorporation. Once the Regional Director grants the licence, the Registrar issues the Certificate of Incorporation. We confirm the current form set before filing.
Any individuals, firms or companies who want to promote a charitable or non-profit object can form a Section 8 company. It is commonly used for NGOs, foundations, educational and research bodies, sports and cultural associations and social welfare organisations.
A Section 8 company formed as a private company needs at least 2 directors and 2 members. One formed as a public company needs at least 3 directors and 7 members. At least one director must be resident in India.
The Companies Act, 2013 does not prescribe a minimum paid-up capital for a Section 8 company. Many Section 8 companies are formed without share capital, as a company limited by guarantee. Your authorised capital or guarantee amount still affects government fee and stamp duty.
Each director and subscriber needs PAN, identity and address proof, a photograph, and email and mobile details. The company needs registered office proof, a rent agreement and owner NOC if rented, the proposed objects, and a statement of assets and liabilities with estimated income and expenditure for the next three years.
The name must be available on the MCA register and should reflect the non-profit nature of the company, for example with words such as Foundation, Association, Trust, Society or Welfare. It must not conflict with an existing company or trademark. A Section 8 company may omit Limited or Private Limited from its name once licensed.
A Section 8 company can earn a surplus from its activities, but it must apply that surplus only to promote its objects. It cannot distribute dividends to members. Salaries and fees for services actually rendered are allowed, subject to the Companies Act, 2013 and the licence conditions.
The cost has three parts: MCA government fees, state stamp duty on the MoA and AoA, and the professional fee. Government fee and stamp duty depend on the authorised capital or guarantee amount and the state of the registered office, so we confirm them before filing.
A Section 8 company is incorporated under the Companies Act, 2013 and regulated by the MCA. A trust is created by a trust deed under trust law, and a society is registered under the Societies Registration Act or a state law. A Section 8 company usually involves more compliance but has a stronger corporate structure.
The time depends on name approval, the accuracy of documents and the Regional Director's review of the licence application. Because the licence is examined by the authority, it usually takes longer than registering an ordinary private limited company. We cannot guarantee a fixed timeline.
Incorporation does not automatically give income tax exemption or donor tax benefits. To claim exemption and offer deductions to donors, a non-profit applies separately to the Income Tax Department for 12A and 80G registration. We guide you on these applications after incorporation.
Planning an NGO or non-profit company? Speak to our corporate expert today – the consultation and the quote are free.
Tell us what you need and our team will get back to you with the right guidance.
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