Documents Required for Section 8 Company Registration
Following are some crucial documents required for the Registration of Section 8 Company:
Identity/Address proof of Directors or Shareholders:
- Passport-size photographs of Directors/Shareholders
- Copy of DL or Voter ID
- Copy of latest bank statement & utility bills
- Copy of Aadhar Card
- Copy of Passport (In case of NRI or Foreign National)
Address proof of Registered Office:
- Copy of latest electricity bill water bill or gas bill (not older than 2 months)
- In the case of a rented office, a Rent Agreement is required
- NOC from the property owner
Other Documents:
- MoA & AoA
- Consent of Nominee (INC-3)
- DSC (Digital Signature Certificate)
- Declaration by the 1st Director Subscriber (an affidavit is not required)
- Copy of Incorporation Certificate of an overseas corporate body (if any)
- A Resolution passed by the promoter company
- Declaration of unregistered companies
- Residential & identity proof of subscribers & nominees
Procedure for Section 8 Company Registration
Following is the step-by-step procedure for Section 8 Company Registration:
Step 1: Obtain DSC & DIN:
First, the applicant needs to obtain a Digital Signature Certificate of the proposed Directors. Once they receive DSC, file Form DIR-3 with ROC for obtaining DIN. The identity & address proof should be attached for getting DSC. Once DIR-3 is approved, the Registrar of Companies will allot a DIN to the proposed Directors.
Step 2: Filing of INC-12 Application Form:
After getting DSC and DIN, the next step is to file Form INC-12 with the Registrar of Companies to apply for a Licence under Section 8 Company along with the attachment of the required documents. Once the form is approved, a Licence under Section 8 Company will be issued in Form INC-16.
Step 3: Filing of SPICe+ Form:
After getting a License under Section 8, you need to file an SPICe+ Form with the Registrar of Companies (ROC) for the Registration along with the vital documents.
Note: Once the Registrar of Companies is satisfied with the forms submitted, he or she issues a CoI (Certificate of Incorporation) along with a Unique CIN.
Penalties for Non-Compliance
As per the Companies Act, if the Company fails to comply with the legal provisions, then the Central Government will cancel the License for Section 8 Company. If the Company’s objectives are conducted fraudulently or in violation of the objectives for which it is established, the license can be canceled. In case a Company fails to comply with the provisions of the Companies Act, then the Company will be punishable with a fine not less than Rs. 10 lakhs & may extend to Rs. 1 crore. The Officers & Directors of the Company in default of the provisions will be punishable with a fine not less than Rs. 25,000 which may extend to Rs. 25 lakhs or both.
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