Section 8 Company Compliance

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Annual Compliances of Section 8 Company

A section 8 companies is established in order to encourage and nourish the act of arts, commerce science, sports, education, research, social welfare, religion, charity, protection of environment or any such other objective. The Section 8 companies fall under the Companies Act 2013 which would be registered as an Non-Governmental Organization. A company registered as Section 8 company cannot share profit made as a result of the charitable activities between its partners. The profit made during the functional part must be invested back into the company to promote trust and non profitable activities to give back. Other than the process of how the money dealt with made as a profit i.e cannot be kept as shares or cannot be distributed among the people who incorporated the actual company, rest of the processes remain the same. For the incorporation of such companies a proper licensing is required from the government’s end. The strictly must follow the rules of promoting the set object and not involve in any activities that might end up profiting the personnel involved in the incorporation. It is an serious offense in terms of legal actions if the company does not stay updated with the current law licensing, they would end up paying fine to the government as they failed to keep up the private limited regulations. At Unilex Consultants we provide you a hassle free compliance process which would be dealt by our professionals within a short time frame and is subjective to governmental processing time. Our team takes care of the documentation and aids in provide you the realistic estimation of cost.

Documentation for NGO compliance

Incorporation Certificate.

MOA/AOA

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Packages



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Requirements for NPO compliances

    - Appointment of Auditor : A section 8 company would need to appoint a individual auditor or an firm to take care of all the financial filings annually, Who shall hold office from the conclusion of that meeting till the conclusion of its sixth annual general meeting And thereafter till the conclusion of every sixth meeting.
    - Registers to be Maintained : All the companies belonging to the Section 8 category are expected to have statutory records maintained update for the following members, charges, loans and investments. The above would give an overview of how active the company has been on yearly basis.
    - Every Section 8 company has to prepare its records on annual financial records, once the financial records and statements they must be produced to the registrar and is done to stay legal.
    - Preparation of Board's Report : A report by Board of Directors prepared required to be laid before members in Annual General Meeting. The meetings need to be logged and the signed minutes need to be maintained at the Registered Office.
    - Copy of the Annual Return to be filed with Registrar : Every company shall file with the registrar a copy of the annual return Within sixty days from the date on which the annual general meeting is held Where no annual general meeting is held in any year within sixty days from the date on which the annual general meeting should have been held (i.e.30th September) together with the statement specifying the reasons for not holding the annual general meeting.
    - Copy of financial statement to be filed with Registrar : All section 8 limited companies shall file a copy of the financial statements in E-form AOC-4 within 30 days from the date on which the annual general meeting is held.
    - Holding Board Meeting : Every company should hold meeting with the board members at least twice an year and the gap between both the meetings should not be more than 90 days.
    - Holding Annual General Meeting : Every company other than a One Person Company shall in each year hold Annual General Meeting on or before 30th September by giving not less than clear twenty-one days notice to all the members, directors and auditor. Where no annual general meeting is held in any year within 30 days from the date on which the annual general meeting should have been held.

Failing to stay complaint

    The actual regulations are followed by the Companies Act 2013 and any company failing to stay complaint would result in the company being induced to payable fines based on the type of failure to the law the company had or at certain cases it could even lead to imprisonment.

Event Based Compliances :

    - These are triggered basd on happening of certain events.
    - Receipt of share application money.
    - Allotment of shares.
    - Transfer of shares.
    - Appointment/Resignation of directors.
    - Appointment of Managing Director/ Whole Time Director.
    - Executing agreement with related parties.
    - Change in the Bank signatories.
    - Change in the statutory auditor.

FAQs About NGO compliances

Is an Auditor appointment important ?
Yes, all incorporated OPC companies must have an auditor appointed within 30 days of incorporation and it does not matter if its a individual or a firm.
Does ADT-1 need to be filed every year?
No, ADT-1 will be for first time appointment. After that every year shareholder will ratify the auditor up to 5 years (or less, as the case may be) subject to ratification.
What does the register of company should contain ?
All the companies belonging to the company category are expected to have statutory records maintained update for the following members, charges, loans and investments..
Is appointment of Company secretary mandatory in section 8 company?
No, it is exempted and there is no requirement as such now.
Is there any threshold limits for an OPC to mandatory get converted into either private or public company?
In case the paid up share capital of an OPC exceeds fifty lakh rupees or its average annual turnover exceeds during the relevant period exceeds two crore rupees, then the OPC has to mandatory convert into private or public company.

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