Features of Section 8 Company

There are various features of Section 8 company which is not available to other companies as per the Companies Act 2013.

1. Objective: The objective of Section 8 Company is only to promote various types of activities in the country. This company does not have the objective of earning profit by the business, unlike other businesses.

2. No Minimum Capital: As per the Companies Act, 2013 there is no minimum capital that is required to form a Section 8 Company.

3. Limited Liability: The members of these companies are only accountable for the acts of the company to a certain level. Members of Section 8 Company cannot be made personally liable for any act done by the company.

4. Government License: The company must obtain the license for their practice from the central government or as per the rules established by them. These companies are there for a cause, and if the government thinks that they are not doing their part effectively then the government can also take their license back.

5. Privileges: The Companies Act, 2013 provides various benefits and exemptions to Section 8 Companies as these are formed for a social cause.

6. Less Stamp Duty and Tax Benefits: The government imposes a very minimal amount of stamp duty in case of incorporation of a Section 8 Company. These companies also avail various tax benefits as per the Companies Act, 2013.

Section 8 of Company Law: Features, Formation, Advantages & Disadvantages

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What is a Section 8 Company?

Section 8 Companies are also known as Non-Profit Organizations (NPOs) and are a kind of company registered under Section 8 of the Companies Act, 2013. Such companies are formed to promote commerce, art, science, sports, charity, education, social welfare, protection of the environment, or any other similar objectives. The primary objective of Section 8 companies is not to make profits but rather to contribute to social welfare....

Features of Section 8 Company

There are various features of Section 8 company which is not available to other companies as per the Companies Act 2013....

Formation of Section 8 Company

The Incorporation process of Section 8 Companies and other companies are very much alike. The one thing that is very important while forming a Section 8 Company is the intention behind the incorporation. The member or a group of members can apply to the registrar of the company with the intention that they want to register the company under Section 8 of the act. When the registrar of the company and the central government are satisfied with the intention of incorporation, then they register the company as a Section 8 Company after the companies pay all the necessary fees and expenses....

Cancellation of License

The Central government issues licenses to companies that register themselves under Section 8 of the Companies Act, 2013. These licenses given to them are on a condition, and if the company is not following the prerequisites, then the central government can revoke such licenses given to them....

Winding up of Section 8 Company

Companies registered under Section 8 of the Act can apply for Winding up the company on their own as per the rules of the act, and the government can order such company to wind up if they find any issues in the operation of such company. After this process, the registrar will remove the name of the company from the register of the company as per Section 248 of the Companies Act 2013. The authority will dispose of their debts and liabilities, and if any assets of the company remain after that, then they can order to amalgamate such assets in a similar company. They can also order to sell these assets and submit all the amount generated from that in the government fund....

Punishment for Contravention

If the government finds that the company is doing any fraudulent activity and not following the articles of the company, then the government has the power to revoke its license. Also, according to Section 8 (11) of the Companies Act 2013 if the company is not following the requirements given in Section 8, then the government can impose a fine of a minimum of ₹10 Lakhs that can be extended to ₹1 Crore. Also, the directors and the members of the company will be liable if they are part of such activity, the punishment for these members is imprisonment for up to 3 years and a fine between 25 thousand to 25 lakhs....

Advantages and Disadvantages of Section 8 Company

Advantages of Section 8 Company...

Conclusion

There are various types of companies under the Companies Act, 2013, and Section 8 Company is one of them. These companies are essential for creating the balance in the society as they work towards the goal of making the society a better place. The government of the country supports them because all the companies registered as per Section 8 of the act, work for a noble cause in a different sector....

Section 8 of Company Law – FAQs

What is Section 8 Companies under the Companies Act, 2013?...