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If any company wants to the promote commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object then it can register itself under section 8 of companies Act 2013. This kind of company is called as Section 8 company. The companies registered under section 8 will be treated as limited companies without the addition to its name limited. Section 8 Company is most popular form of NGO in India. It is easy to register, run or manage.
The income of the Section 8 Company must be used to promote only charitable objects and cannot pay any dividend to the members of the company. The profits earned by a NGO Company (Section 8 Company) are directed towards these purposes, not paid as dividends among its members. However, unlike the Society Registration, the NGO Registration that is Section 8 Company formation is dictated by the Companies Act. Therefore, it is the MCA that is responsible for the formation of this type of company.
Companies formed under Section 8 of the Act who must include one of the following words, as applicable :Â Foundation/ Forum/ Association/ Federation/ Chambers/ Confederation/ Council/ Electoral Trust, etc.
It must specify the State in which the registered office of the company will be situated.
It must specify the objects for which the company is being incorporated. Further, if a company changes its activities which are not reflected in its name, then it can change its name within six months of changing its activities. The company must comply with all name-change provisions.
This is valid only for companies having share capital. These companies must specify the amount of Authorized capital divided into shares of fixed amounts. Further, it must state the names of each member and the number of shares against their names.
The MOA must clearly specify the desire of the subscriber to form a company. This is the last clause.
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