Any not-for-profit organization or an NGO can register itself as a trust by executing a trust deed or as
a society under the Registrar of Societies, or as a not-for-profit company under Section 8 Company of
the Companies Act, 2013. A Section 8 Company is a special entity and the same as a Section 25 company
under The Old Companies Act, 1956. Under The New Companies Act 2013, Section 25 Companies have now been
renamed as Section 8 Companies.
As per section 8(1a, 1b, 1c) of the Companies Act, 2013, “A Section 8 company can be established for the
promotion of commerce, art, science, sports, education, research, social welfare, religion, charity,
protection of environment or any such other object”. The Act further clarifies that the Section 8
companies can pursue the above motives, subject to the condition that it “Intends to apply the profits,
if any, or other income in promoting its objects and intends to prohibit the payment of any dividend to
its members”. In simpler words, a Section 8 Company has to endorse a public cause and the proceeds
created by the entity have to be solely used to support the stated public cause(s).
Documents need for Registration
- > Consent and Declaration by first Directors in Form DIR-2
- > Self-declaration by first subscribers in Form INC-9
- > PAN card of first directors and subscribers
- > Aadhar card of first directors and subscribers
- > Proof of Registered office like Sale Deed/Lease Deed/Rent Agreement etc
- > Latest Utility Bill of Registered office like Electricity Bill
- > NOC of owner if registered office is taken on rent/lease
- > Name Approval Letter received from CRC
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