What is a Section 8 Company?
Profitability is not the goal of every business that engages in trade and commerce. Many businesses are primarily concerned with charitable and non-profit goals. Such institutions are acknowledged under Section 8 of Companies Act 2013 and are thus known as Section 8 Companies. These businesses devote all of their earnings and profits to achieving their goals. If you wish to devote your earnings and profits for a noble cause then Section 8 Company Registration will be the best suitable choice for you as the license provided under its incorporation is a central license.
A Section 8 company is one whose goals are to promote the arts, commerce, research, science, education, sports, charities, welfare programs, religion, environmental protection, or other similar goals, according to the Companies Act. These organizations similarly devote their profits to furthering their mission and do not pay dividends to their shareholders.
What Are the Section 8 Company Compliances?
The yearly compliance duties set out in the Companies Act 2013 and the Income Tax Law 1961 are to be performed by every company that is registered as a Section 8 Company. This makes the organization reliable and trustworthy while avoiding non-compliance penalties. Compliance tasks must be performed and can be onerous throughout the year.
Below are the annual compliances for a section 8 company that needs to be filed accordingly:
- Appointment of An Auditor: It is obligatory for firms to appoint an auditor under section 139 of the Company Act 2013. A statutory auditor appointed for a term of five years shall audit the book of accounts and yearly returns of the corporation.
- Maintenance of Statutory Registers: As listed in Section 8 of the Companies Act 2013, the company shall maintain a statutory record comprising of its members, loans received and costs established, its directors, etc.
- Convening Meeting: Once a year, within six months of the conclusion of the fiscal year, an annual general body meeting must be held, along with additional board meetings.
- Boards’ Report: The company’s Board of Directors must file its annual report, which includes all financial data and other annexures, in a timely manner. The board report must be submitted on Form AOC-4.
- Preparation of the Company’s Financial Statements: The statutory auditor will prepare the balance sheet, profit and loss account, cash flow statement, and other financial statements for the company, which will be filed with the ROC.
- Tax Returns: The ITR must be filed by the 30th of September at the conclusion of each assessment year.
- Financial Statements Filing: Within 30 days of the annual general meeting, the financial statement must be filed in the appropriate form (E-FORM AOC-4).
- Annual Tax Returns: Within 60 days after the annual general meeting, the annual return, which includes all information such as management and shareholder details, will be filed with the Registrar of Companies (ROC) in Form MGT-7.
After the registration of a Section 8 Company, a firm may be required to execute additional compliance tasks in addition to the list of annual compliances, depending on the situation. These are:
- A corporation that receives gifts or funds from donors is entitled to tax exemptions on those earnings. To qualify for this exemption, the company must meet the requirements of Section 11 and register under Sections 80G and 12A.
- Auditor Appointment should be done within 30 days after the incorporation.
- After the incorporation of a Section 8 Company, it is mandatory to open Company’s Bank Account and deposit initial share capital in the ratio of shareholding mentioned in MOA. The next step is to file the INC-20A form within 180 days of your company incorporation.
Event-Based Compliance for Section 8 Company
In addition to annual compliance for section 8 company that is registered online, non-periodic compliance is also necessary. On the occurrence of certain events, they are filed. They are:
- Directors’ appointment or resignation;
- Auditor’s appointment or retirement;
- Share transfer;
- KPM (Key Managerial Personnel) appointment;
- Receipt of the money for the share application;
- Change of Company’s name;
- Amendment of the MOA (Memorandum of Association) of the company;
- Change in the registered address of the company;
- Any modifications to the structure of the company, etc.
Benefits of Compliance:
The primary motive behind compliance for Section 8 company registration is the avoidance of penalties. It also ensures that the organization functions properly. Some of the points stated below are:
- Transparency of Operations
Financial compliances, such as the preparation and filing of financial filings and yearly returns, provide a comprehensive picture of the company’s financial status. As a result, reporting the company’s compliances creates transparency in the company’s operation or current state.
- Enhancing the company’s credibility
Companies that file their compliances on time have a higher level of credibility than those that do not. As a result, such businesses can easily obtain financial assistance and market credit from the relevant authority.
- Avoid any legal difficulties
If a company fails to comply with the requirements, it may get caught in legal matters, such as receiving notification from the MCA, which can lead you to legal problems. It is always advisable to comply in good time in order to prevent further legal issues.
- Building client confidence
Everyone trusts organizations that file compliances on time and are transparent about their financial details, whether it’s a client, a vendor, a supplier, or a regulatory authority. Such businesses have a higher level of credibility, making it easier to get trust from the general public.
- To prevent penalties
Finally, avoiding penalties is the most important reason for filing compliances on time. Noncompliance can result in a number of negative outcomes, including the closing of a business, the confiscation of a license, or the imposition of heavy fines.
Non-compliance may result in fines ranging from Rs. 100/- to Rs. 300/- per day till no limit, as well as imprisonment. It may also result in the company and its directors being blacklisted for a period of time.