TRUST TO SECTION 8 COMPANIES
Section 8 companies are those companies which are
formed for the sole purpose of promoting commerce, art, science, religion,
charity or any other useful object and have been granted a license by the
central government recognizing them as such. Such companies should intend to
apply its profits, if any or other income only in promoting its objects and
must also prohibits payment of dividend to its members.
The income of NPO cannot be used for paying out
dividends to the company’s members and has to be for the promotion of
charitable objectives. Such companies obtain an incorporation certificate from
the central government and are liable to adhere to the rules specified by the
government.
ELIGIBILITY TO APPLY
FOR SECTION 8 COMPANIES:
An individual or an association of individuals is
eligible to be registered as Section 8 Company if it holds below-mentioned
intentions or objectives. The objectives have to be confirmed to the
satisfaction of the Central Government.
v Its
objects should be only to promote commerce, art, science, religion, charity or
any other useful object.
v It
should intend to apply its profits or other incomes only in promoting its
objects; and Central government should have granted a license to such a company
recognizing them as such.
CHARACTERISTICS OF A
SECTION 8 COMPANY IS:
v It must have at least
2 shareholders.
v It must have at least
2 Directors
v The director and
shareholder can be the same person
v Minimum share capital
requirement is Rs. 1 Lakh
v Prohibited from paying
any dividend to its members.
v Profit and other
income are applied only for promoting the objects of the company.
ADVANTAGES OF A SECTION 8 COMPANIES
v
Many privileges and exemptions under
Company Law.
v
Exemption of Stamp duty for registration.
v
Registered partnership firm can be a
member in its own capacity.
v
Tax deductions to the donors of the
Company u/s. 80G of the Income Tax Act.
v
No need to add any suffix to its name
like ‘limited’ or ‘Private Limited’.
v
No restriction on transfer of shares.