Closing a Section 8 Company

    - Get your section 8 company closed/-
    - Within 30-40 working days
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closure 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 Organisation. 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. There can be several reasons for closing a non profit organisation it may range from not reaching the resources for accomplishing the goal, Members are not interested in the root cause with which the company was established to merger with another NGO. The above are only certain cases for closing a Section 8 Company. The primary Catch is that closing a section 8 company is not that easy as the licensing is represented in terms of Non profit Licensing system, hence there is procedure involved in surrounding the license. First the company needs to be converted into any of the closable company licensing format and then the closure can be done. At Unilex Consultants we provide you a hassle free dissolving process for Section 8 Companies which would be dealt by our professionals within a time frame of 30-40 working days and is subjective to governmental processing time. Our team takes care of the documentation and aids in provide you the realistic estimation of cost.

Advantages of Closing a Section 8 Company

NEWER GOALS

In case of the goal being obsolete, the members of the board can concentrate on new goals.

NEWER MERGES

Sometimes a Section 8 Company closes as it might get acquired by other NGO or greater cause Companies.

DEBT CLEARANCE

The remaining assets in the name of the company can be used to pay of any debts remaining during the closure of the NGO company.

Documentation for NGO closure

Special Resolution True version.

Memorandum of association.

NOC of the creditors.

Financial Audit statement.

Articles of association.

Asset statement

Written consent of the lenders

Details of donation/grant received since incorporation of company

Process involved in registering a Closing a Section 8 Company

1

Obtaining Information

2

Document Preparation

3

Application Submission

Requirements for Closing a Section 8 Company

    - The current base of people who are benefiting from the NGO must be informed, so that they can move on to other NGO.
    - Keep the donors upto date with how the funds are managed as such.
    - The Debts has to be addressed and then in case of not sortable situation then they can file for bankruptcy but it all depends on the board decision.
    - The employees as a part of the initiative must be informed and severance pay must be made.
    - The board meeting Decision is one of the important thing to consider in terms of making a call on how the remaining funds are handled.

Why close a section 8 company

The existing company can merge with another NGO with same goal sets.

The Company failed to get resources to give back to the community.

The company has debts and it has outstanding left so in order to settle all those the company can be dissolved.

Even the mission has been accomplished successfully that would lead the company to come to a situation where the goal has been satisfied hence it would be dissolved.

In certain cases the mission can become obsolete and hence the company may be not getting the traction they want.

FAQs About NGO closure

Is ROC filing mandatory ?
Yes, it is a mandatory process to solve as the MCA database has to stay updated that the company is free from all the legal ties.
How does the limited compliance work ?
The compliance for meetings, filings are a bit different and are not like how other private and public companies usually functions.
What is the basic Eligibility criteria for closing a Section 8 company?
The primary factor is that the company must at least be 1 year old in terms of nature of functioning in order to apply for closing.
Can the company be closed if there are no activities ?
Yes the company would be eligible to close if there are no charitable activities taken place due to resources issues.
Are the financial statement necessary ?
Yes the financial statement is necessary as the company need to clear out all the outstanding debts and if there are any left, they can sell out property to settle the same.
What to expect from Closing Section 8 Companies?
The company would be converted to any other form before providing a closure. All the outstanding debts must be cleaned from the company’s name. Board meeting must be done with consent. The company can also be merged with other company in same NGO category. All the activities must be resolved and taken care legally if such things are pending. The vote of by the board of directors is very important in dissolving the company. Submit tax return within 4 months.

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