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

Detailed Legal Analysis

Yes, you can register a Section 8 non-profit company in Shillong under the Companies Act, 2013.

What the law says

A Section 8 company is a special type of non-profit organization in India that is registered under the Companies Act, 2013. This type of company is formed with the objective of promoting commerce, art, science, sports, education, research, social welfare, religion, charity, protection of the environment, or any other such object. The key provisions governing Section 8 companies are found in Section 8 of the Companies Act, 2013.

Who can file or apply

Any individual or group of individuals can apply to register a Section 8 company in Shillong. The following conditions must be met:

• The company must be formed for promoting charitable objects.
• The income and profits of the company should be applied towards the promotion of its objects and not distributed as dividends to its members.
• The company must have at least two directors and two members (who can be the same individuals).
• The proposed name of the company must be unique and not similar to any existing company or trademark.

Documents required

To register a Section 8 company in Shillong, you will need to prepare and submit the following documents:

• Memorandum of Association (MoA) and Articles of Association (AoA).
• Declaration by the promoters in Form INC-14.
• Identity proof of the directors (Aadhaar card, PAN card, or passport).
• Address proof of the directors (utility bill, rental agreement, etc.).
• Proof of the registered office address (ownership deed or rental agreement).
• Estimated annual income and expenditure statement.
• Consent of the directors in Form DIR-2.
• Affidavit from the directors in Form INC-9.

Procedure and timeline

The process for registering a Section 8 company involves several steps, which typically take about 30 to 60 days. The procedure is as follows:

1. Obtain Digital Signature Certificates (DSC) for the proposed directors.
2. Apply for Director Identification Number (DIN) for the directors.
3. Draft the Memorandum of Association (MoA) and Articles of Association (AoA).
4. File Form INC-1 for name reservation with the Registrar of Companies (RoC).
5. Once the name is approved, file Form INC-12 for the registration of the Section 8 company along with the required documents.
6. Upon verification, the RoC will issue a Certificate of Incorporation.

What to do next

After obtaining the Certificate of Incorporation, you must comply with the following:

• Apply for a PAN and TAN for the company.
• Open a bank account in the name of the Section 8 company.
• Maintain proper books of accounts and conduct annual audits.
• File annual returns and financial statements with the RoC as per the requirements of the Companies Act, 2013.
• Comply with any additional regulations applicable to non-profit organizations under relevant laws.

By following these steps and meeting the necessary conditions, you can successfully register a Section 8 non-profit company in Shillong.

Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.