How to Register a Section 8 Company in Maharashtra (2026) – Step-by-Step Guide

If you are planning to start an NGO or any non-profit work in Maharashtra, you might hear the term Section 8 Company and feel a bit confused. Many people in Maharashtra are not sure whether it is a trust, a society, or a normal private company. In simple words, a Section 8 Company is a non-profit company registered under the Companies Act, made for social work like education, charity, environment, or helping people in need. It does not work to earn profit for owners.

This guide is specially written for people in Maharashtra to make the concept easy to understand. Here you will learn what a Section 8 Company means, why many NGOs in Maharashtra choose this structure, and how you can register a Section 8 Company in Maharashtra in 2026 step by step, in very simple and clear language.

What Is a Section 8 Company?

A Section 8 Company is a type of company formed for charitable and non-profit purposes. It is created to work for the benefit of society instead of earning profit for its owners or members. This kind of company is commonly used by NGOs and organizations that want to focus on social work, education, healthcare, and other public welfare activities in a legal and structured way.

A Section 8 Company can work in many areas such as education, healthcare, social welfare, environmental protection, skill development, research, and charity or other public benefit activities. The main idea behind this structure is very simple and strict.

Key Rules:

• Any profit earned by the company cannot be shared among members
• All income must be used only for the goals and objectives of the organization
• No personal gain is allowed from the company’s profits

Because of these clear rules, Section 8 Companies are considered very trustworthy. They are often preferred by donors, government bodies, and CSR funding organizations as they ensure that all funds are used only for social and charitable work.

What Does “Section 8 Company” Mean?

In simple words, Section 8 company means:

➤ A legally registered NGO

➤ Governed by the Companies Act, 2013

➤ Works for social or charitable purposes

➤ Has higher credibility than trusts or societies

This structure is commonly used by NGOs working at a national or international level.

Benefits of Section 8 Company

➡️ High credibility and legal recognition

➡️ Eligible for CSR funding

➡️ Eligible for 12A and 80G registration

➡️ Better trust among donors and institutions

➡️ No minimum capital requirement

Why Register a Section 8 Company in Maharashtra?

Maharashtra is one of the most preferred states for NGO registration because:

➜ Strong CSR ecosystem (Mumbai, Pune, Nagpur)

➜ Easy access to corporate donors

➜ Presence of government and international funding agencies

➜ Well-established ROC offices

Cities like Mumbai, Pune, Thane, Navi Mumbai, Nashik, and Nagpur have a high number of active Section 8 companies.

Who Can Apply for Section 8 Company Registration?

You can apply if:

▪ You are an Indian citizen

▪ Minimum 2 directors (for private company)

▪ Minimum 2 members

▪ Directors are 18 years or older

▪ No criminal background related to fraud or financial misconduct

NRIs and foreign nationals can also become directors with proper documentation.

Step-by-Step Process for Section 8 Company Registration in Maharashtra (2026)

Starting a Section 8 Company in Maharashtra is a structured legal process, but if you follow the steps properly, it becomes quite simple. Below is a clear step-by-step guide for 2026 registration.

Step 1: Decide the Name of the Company

First, you need to select a unique name for your Section 8 Company. The name should reflect your social or charitable purpose. It should not be similar to any existing company and must follow MCA naming rules.

Step 2: Obtain Digital Signature Certificate (DSC)

All directors must get a Digital Signature Certificate. This is used to sign online forms on the MCA (Ministry of Corporate Affairs) portal.

Step 3: Apply for Director Identification Number (DIN)

Every proposed director must apply for a DIN. This is a unique identification number required to become a director in any company.

Step 4: Apply for Name Approval (SPICe+ Part A)

You must apply for name approval through the SPICe+ Part A form on the MCA portal. Once approved, you can proceed with incorporation.

Step 5: Draft MOA and AOA

Prepare the Memorandum of Association (MOA) and Articles of Association (AOA). These documents define the objectives of the company and how it will be managed.

Step 6: Apply for Section 8 License (INC-12)

You must apply for a Section 8 license using Form INC-12. This is the most important approval that confirms your company is for charitable or non-profit purposes.

Step 7: File Incorporation Form (SPICe+ Part B)

After getting the license, file SPICe+ Part B along with required documents like ID proof, address proof, MOA, AOA, and declarations.

Step 8: Get Certificate of Incorporation

If everything is correct, the MCA will issue the Certificate of Incorporation. This officially creates your Section 8 Company in Maharashtra.

Step 9: Apply for PAN, TAN & Bank Account

After incorporation, apply for PAN, TAN, and open a current bank account in the company’s name to start operations.

Documents Required

To register a Section 8 Company in Maharashtra, you need to submit some basic identity and supporting documents for all proposed directors. These documents help the government verify who is starting the company and ensure the registration process is smooth and legal.

Basic Personal Documents:

• Aadhaar Card
• PAN Card
• Passport-size Photograph
• Email ID
• Mobile Number

Additional Supporting Details (as required during filing):

• Address proof (such as electricity bill, bank statement, or driving license)
• Bank account details of directors (in some cases)
• Digital Signature Certificate (DSC) for online filing

Section 8 Company Registration Cost in Maharashtra

The Section 8 company registration cost depends on:

– Number of directors

– Professional fees

– Documentation complexity

Government fees are lower compared to normal companies because Section 8 companies are non-profit in nature.

Time Required for Registration

On average:

20 to 30 working days

Time may increase if documents need corrections or approvals get delayed

Section 8 Company Act – Key Rule to Remember

Under the Section 8 company act, remember:

🗸 No dividend distribution

🗸 Income must be used for objectives

🗸 Annual compliance is mandatory

Common Mistakes to Avoid

⚠ Vague objectives in MOA

⚠ Using commercial language in name

⚠ Poor documentation

⚠ Not planning future compliance

⚠ These mistakes often lead to delays or rejection.

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FAQs on Section 8 Company

Q. How many directors and members are required for a Section 8 company?
A minimum of two directors and two members is required, and they can be the same individuals.

Q. Is there any minimum capital requirement to start a Section 8 company?
No, there is no minimum capital requirement for registering a Section 8 company.

Q. Can foreign nationals become directors in a Section 8 company?
Yes, foreign nationals can be directors, provided at least one director is a resident of India.

Q. What naming conventions must a Section 8 company follow?
The company name must include terms such as Foundation, Association, Society, Council, or Institute.

Q. Are Section 8 companies eligible for tax exemptions?
Yes, Section 8 companies can apply for income tax exemptions under Sections 12A and 80G.

Q. What is the registration process for a Section 8 company?
Registration requires a special license from the Central Government or RoC, along with MoA and AoA drafting.

Q. Can a Section 8 company distribute profits to its members?
No, profits cannot be distributed as dividends and must be used solely for charitable objectives.

Q. Can a trust or society be converted into a Section 8 company?
Yes, an existing trust or society can be converted into a Section 8 company.