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Section 8 companies are the legal entities that are started with an object of promoting social welfare, education, charity,
art, science , religion and other activities essential to benefit the society at large. These section 8 companies
are synonymous to Non-profit organizations (NPO). The section 8 companies are essentially incorporated to perform
the main object of welfare of the society in any of the field as mentioned above.
To begin with let us understand that main concept of the Section 8 Company. First of all as we all are aware with the
types of companies such as private limited, LLP and public limited, it is pertinent to note that each of these
companies have different implications and legal requirements. However, any of these companies be it Private limited
or public limited each of these can be a section 8 company as well. This means any private limited company working
toward the object of welfare of the society at large without an intention to derive any kind of dividend or profit
can function as Section 8 Company. However, apart from these legal entities a One person company cannot function
as a Section 8 Company.
So, we understand that a Section 8 company is more like a recognized legal structure and concept making it feasible for
other companies structure be it Pvt. Ltd. Or Ltd. Company to function as an Non-profit organization.
Now let us understand various advantages of Section 8 Company Registration :
Numerous Tax exemptions are provided to Section 8 Companies, specifically to the donors who are contributing to Section 8 Companies,
they can claim the Tax exemption against the donation they made to a Section 8 company.
There is no prescribed limit over section 8 companies for the minimum capital requirement unlike other entities such as public
limited, but the capital structure can be altered at any stage as the required for the growth of the company.
A section 8 Company is exempted for the payment of stamp duty applicable for registration as applicable in case of other
structures such as private limited or a public limited company.
A Section 8 Company also holds its own identity like other companies structures, and has its own separate legal standing
from its member. A Section 8 Company also has a perpetual existence.
A Section 8 Company has more credibility as compared to any other Non-profit organization structure be it a Trust or
Society. As it is a licensed by the central government. It has more stringent regulations such as no change in
MOA and AOA can be done at any stage or situation in a Section 8 Company. A section 8 company due its strict
compliances as regard to functioning has a more reliable image in comparison to other legal structures.
Unlike the names requirements of the private limited or a public limited company, a section 8 company does not require to
use a suffix next to its name.