Section 8 Company Registration Process — Updated: Licence Now Issued With Your Certificate of Incorporation
If you've read older guides to Section 8 company registration, one thing has changed and it's worth correcting up front: a new Section 8 company no longer needs to apply for its licence separately before incorporation. The licence is now generated automatically, together with the Certificate of Incorporation, in a single SPICe+ filing. A lot of content online still describes the older two-step process, which can lead founders to expect a longer wait than actually applies today.
What a Section 8 Company is
A Section 8 Company is a company registered under the Companies Act specifically to promote charity, education, art, science, sports, social welfare, or environmental protection — with none of its profits distributed to members. It's a formal company-law entity, distinct from a Trust or a Society, which typically gives it stronger credibility with grant-makers, CSR-compliant corporates, and banks.
Step 1: Objective & Structure Consultation
Before filing anything, it's worth confirming a Section 8 company is actually the right vehicle for your goals, rather than a Trust or Society — this usually comes down to how much formal governance and fundability you need versus how much administrative overhead you're prepared to take on.
Step 2: Name Reservation & SPICe+ Filing
The proposed name is reserved, and the incorporation is filed through SPICe+ — the same integrated form used for a Private Limited Company — but with a non-profit-specific MOA and AOA attached, drafted around your actual charitable objectives rather than standard commercial templates.
Step 3: Licence Issued With Your Certificate of Incorporation
This is the step that's changed. The Registrar now grants the Section 8 licence and the Certificate of Incorporation together, in one approval — there's no separate waiting period between the two. (The only case where a standalone licence application, Form INC-12, is still needed is when an already-incorporated company is converting into Section 8 status after the fact — that's a different scenario from registering a brand-new company.)
Step 4: Post-Registration — 12A & 80G
Incorporation itself doesn't grant tax exemption. Once registered, most Section 8 companies apply separately to the Income Tax Department for:
- 12A registration — exempts the company's own income from tax
- 80G registration — lets donors claim a tax deduction for their contribution, which materially helps fundraising
Documents you'll need
- PAN and ID proof of all directors
- Address proof of directors and the registered office
- A projected income and expenditure statement for the next three years
- Declaration from promoters and directors (Forms INC-14, INC-15)
- Registered office proof (utility bill and NOC)
If you're comparing quotes or timelines from different consultants, it's worth asking directly whether they're still pricing in a separate pre-incorporation licence step — if they are, they may be working from outdated process information.