Background:
Section 8 companies are Not for Profit making entities, which have objectives other than that of making profits by carrying out trade and commerce. Such companies primarily have below mentioned objectives :-
(a) promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object;
(b) It intends to apply its profits, if any, or other income in promoting its objects;and
(c) It intends to prohibit the payment of any dividend to its members,
A section 8 company cannot use the word “Limited” / “Private Limited” in its name.
Incorporation Requirements:
Private limited company and Section 8 Company registration procedure is very similar to each other.
– A minimum of two Directors are required to start a Section 8 company.
– One of the Director must be an Indian Citizen and Indian Resident – whereas one or more persons acting as Directors can be an Indian National or Foreign National.
Information & Documents Required:
A. For DIN and Company Incorporation (Documents required for all the directors)
1. Identity Proof:- Either of Voter ID / Driving License / Passport
2. Address Proof:- Either of Bank Statement/ Telephone or Mobile Bill (not older than 2 months)
3. Registered Office Address Proof:- Either of Utility Bill i.e. electricity/gas/telephone bill
4. Brief description on nature of business
5. Proposed Company Name
6. Shareholding of all the directors and share capital of the company.
7. Email id and phone number of the proposed company if any.
B. Other Information of all the director
1. Occupation and Educational qualification.
2. Place of birth with state
3. Duration of stay at the address mentioned in the residence proof
4. Permanent address
C. The documents to be enclosed with the application include:
1. MOA & AOA of the company
2. A declaration in Form INC-14 by any of the practicing professional out of an Advocate, a Chartered Accountant, Cost Accountant or Company Secretary that the memorandum and articles of association have been drawn up in conformity with the provisions of section 8 and rules made thereunder and that all the requirements of the Act and the rules made thereunder relating to registration of the company under section 8 and matters incidental or supplemental thereto have been complied with;
3. an estimate of the future annual income and expenditure of the company for next three years, specifying the sources of the income and the objects of the expenditure;
4. Declarations by each of the persons making the application
Other Requirements:
A. 80G Certificate for Section 8 Companies:
80G is a certificate that exempts a person – making a donation to a Section 8 company from part or fully paying taxes on the donation amount. There is, however, a maximum allowable deduction criterion. The criterion is if the aggregate of the amount you donate exceeds 10% of the total gross income, then the excess amount will not qualify for tax benefit.
B. 12 A registration
It is a one-time registration obtained by most Trusts, right after incorporation to be exempted from paying income tax. Section 8 Company, Trusts and NGOs having 12A registration enjoy exemption from paying income tax on the surplus income of the Trust or NGO. Income tax exemption is available for all non-profit NGOs. Hence, it is important for all Trusts, NGOs and other Not-for-Profit organizations to be aware of Section 12A of Income Tax Act and obtain the same, soon after incorporation of the Trust or NGO.
C. FCRA Registration for Section 8 Companies
Organizations seeking foreign contributions for definite cultural, social, economic, educational or religious programmes may obtain FCRA registration or receive foreign contribution through “prior permission” route. It is preferable for an FCRA applicant to be a Trust or Society or a Section 8 Company. The not-for-profit entity must have also been in existence for a minimum of three years while making the FCRA application. It should also not have received any foreign contribution prior to that without the Government’s approval. Additionally, the entity seeking registration should have spent at least Rs.10,00,000/- over the last three years on its aims and objects, excluding administrative expenditure. Statements of Income & Expenditure, duly audited by Chartered Accountant, for last three years are to be submitted to substantiate that it meets the financial parameter.
Section 8 Company with microfinance object
Section 8 Companies has been given exemption by the Reserve Bank of India (RBI) to do finance activities up to a certain extent. The Reserve Bank of India through its master circular RBI/2015-16/15 DNBR (PD) CC.No.052/03.10.119/2015-16 Dated July 01 2015 has exempted all Sec 25 Companies/Section 8 Companies engaged in micro finance activities. As per Para 2 (iii): Sections 45-IA, 45-IB and 45-IC of the Reserve Bank of India Act, 1934 (2 of 1934) shall not apply to any non-banking financial company which is:
(a) engaged in micro financing activities, providing credit not exceeding Rs. 50,000 for a business enterprise and Rs. 1,25,000 for meeting the cost of a dwelling unit to any poor person for enabling him to raise his level of income and standard of living; and
(b) licensed under Section 25 of the Companies Act, 1956; and
(c) not accepting public deposits as defined in paragraph 2(1) (xii) of Notification No. 118 /DG (SPT)-98 dated January 31, 1998.
Find the full copy of master circular here: https://rbi.org.in/scripts/BS_ViewMasCirculardetails.aspx?id=9822
Loan Limits For MFIs:
1. Borrower with a rural household annual income not exceeding Rs. 1,00,000 or urban and semi-urban household income not exceeding Rs. 1,60,000 will be eligible ;
2. Loan amount will not exceed Rs. 60,000 in the first cycle and Rs. 1,00,000 in subsequent cycles;
3. Total indebtedness of the borrower will not exceed Rs. 1,00,000
4. Tenure of the loan not to be less than 24 months for loan amount in excess of Rs. 30,000 with prepayment without penalty;
5. Loan to be extended without collateral;
6. Aggregate amount of loans, given for income generation, is not less than 50 per cent of the total loans given by the mfis
7. Loan is repayable on weekly, fortnightly or monthly installments at the choice of the borrower