Can I register a Section 8 non-profit company in Howrah and what are the conditions?
SW Asked by Swati Kulkarni from India
Quick Answer
A Section 8 company is registered under the Companies Act, 2013 for charitable objects, with profits applied only to its objects and no dividend to members.
Detailed Legal Analysis
A Section 8 company is registered under the Companies Act, 2013 for charitable objects, with profits applied only to its objects and no dividend to members. You must file Form INC-12 with the RoC in Howrah after obtaining a license under Section 8(1).
Disputes can be referred to the NCLT with appeals to the Calcutta High Court under Section 422. Such entities in West Bengal also need to register under West Bengal Premises Tenancy Act 1997 if they operate commercial premises governed by the West Bengal Shops and Establishments Act.
Tax exemptions under Sections 12A and 80G of the Income Tax Act must be obtained separately. The license can be revoked if objects are violated, so compliance is critical.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.