Section 8 Company

Section 8 Company may be incorporated as a company limited by shares or by
Guarantee (with or without share capital).

Yes. As per rule 8(7) of the Companies (Incorporation) Rules, 2014, for the
Companies under Section 8 of the Act, the name shall include the words foundation,
Forum, Association, Federation, Chambers, Confederation, council, Electoral trust
and the like etc. However, Section 8(1) permits the registration, under a licence
granted by the Central Government, of associations not for profit with limited liability
without being required to use the word “Limited’ or the words ‘Private Limited” after
their names.

There is no restriction in the provisions of the Companies Act, 2013 for a registered
Trust to become a member of Section 8 Company. In case of unregistered trusts,
provisions of section 89 would be applicable.

Section 11 of the Indian Contract Act, 1872 provides that every person is competent
to contract who is of the age of majority according to the law to which he is subject,
and who is sound mind and is not disqualified from contracting by any law to which
he is subject. Therefore a Co-operative society can be regarded as Person and thus
capable of becoming subscriber of a company including Section 8 Company.

 E-Form INC-12 has to be submitted with following attachments:

• Draft Memorandum of association (in the Form INC-13 to be attached with the Form SPICe-32);

• Draft Articles of association in the Form INC-31 (To be attached with the Form SPICe-32);

• Declaration as per Form INC-14 (to be attached with the e-Form INC-12) by an Advocate, a Chartered Accountant, Cost Accountant or Company Secretary in practice, that the draft memorandum and articles of association have been drawn up in conformity with the provisions of section 8 and rules made thereunder and that all the requirements of the Act and the rules made thereunder relating to registration of the company under section 8 and matters incidental or supplemental thereto have been complied with;

• If company is already in existence, then last one/two years accounts, balance sheet and report on the working of the association/company as submitted to the members of association/company;

• Assets and liabilities statements with their value as on a date not earlier than thirty days of making the application;

• Annual income and expenditure estimates for next three years;

• Declaration by each of the applicant(s) as per Form INC -15 (to be attach with the e-Form INC

• A copy of board/members resolution approving registration of company under section 8;

• Optional attachment, if any.