Can I register a Section 8 non-profit company in Bareilly and what are the conditions?

Detailed Legal Analysis

Yes, you can register a Section 8 non-profit company in Bareilly, Uttar Pradesh, under the Companies Act, 2013. A Section 8 company is formed for promoting commerce, art, science, sports, education, research, social welfare, religion, charity, and other similar objectives without the intention of profit distribution.

Here are the key conditions and steps involved in registering a Section 8 non-profit company:

• Minimum Requirements:
  • A minimum of two directors is required for a private company and three for a public company.
  • At least two members are necessary to register the company.
  • Directors must be individuals (not companies or other entities).
• Purpose: The main objective of the company should be to promote commerce, art, science, sports, education, research, social welfare, religion, charity, or any other similar objectives.
• Not-for-Profit Nature: Any income or profit generated should be applied for the promotion of the objectives of the company and not distributed as dividends to its members.
• Approval from the Central Government:
  • Before registering, you must obtain a license from the Central Government, as per Section 8(1) of the Companies Act, 2013.
  • You will need to submit an application in Form INC-12 along with the required documents.
• Documents Required:
  • Memorandum of Association (MoA) and Articles of Association (AoA) stating the objectives of the company.
  • Details of directors and members, including their identity and address proofs.
  • A declaration from the directors regarding compliance with the provisions of the Companies Act.
  • Proof of the registered office address.
• Filing with the Registrar: After obtaining the license, file the necessary incorporation documents with the Registrar of Companies (RoC) in Bareilly in Form INC-7.
• Compliance with Other Laws: Ensure compliance with relevant laws and regulations applicable to non-profit organizations, such as the Income Tax Act, 1961 for tax exemptions under Section 80G and 12AA.

In summary, registering a Section 8 non-profit company in Bareilly involves understanding the objectives, obtaining governmental approvals, and ensuring compliance with various legal requirements as outlined in the Companies Act, 2013.