Section 8 companies are registered under the Companies Act, 2013 to promote charitable, educational, religious, environmental, cultural, or social welfare activities. Unlike traditional private limited companies, Section 8 companies cannot distribute profits and must reinvest funds into their mission-focused activities.
Once registered, these organisations must follow strict compliance obligations. Meeting these requirements ensures transparency, credibility, and eligibility for CSR funding, grants, and tax exemptions.
If you’re planning to set up or need support navigating compliance, you may explore
👉 Section 8 company registration
and professional support options for ongoing legal filings.
Why Compliance Matters for Section 8 Companies?
Maintaining compliance:
- Protects the organisation legally
- Helps secure CSR funds and international grants
- Enables tax benefits under 12A/80G
- Enhances trust among donors and stakeholders
Since Section 8 entities fall under strict governance frameworks, compliance requirements align with India’s regulatory ecosystem documented under portals such as:
Area | Reference Link |
National Government Information | |
Corporate & Startup Regulations | |
MSME & NGO Schemes |
Mandatory Compliance Requirements
Below is a checklist of key compliances Section 8 Companies must follow:
Annual ROC Filings (MCA Compliance)
Section 8 companies must file:
- AOC-4 (Financial statement)
- MGT-7 (Annual Return)
These filings ensure compliance with the Ministry of Corporate Affairs.
Board Meetings & Resolutions
As per the Companies Act:
- Minimum 2 board meetings per year are mandatory.
- Proper minutes of meetings must be recorded and maintained.
Accounting & Financial Records
Section 8 entities must maintain:
- Books of accounts
- Digital record of receipts & payments
- Audit reports from a chartered accountant
Income Tax Compliance
A Section 8 company must file annual income tax returns through the official portals:
📌 https://incometax.gov.in
📌 https://incometaxindia.gov.in
Even though profits aren’t distributed, tax returns remain mandatory. Companies may also apply for:
Benefit | Purpose |
12A Registration | Income tax exemption |
80G Certificate | Allows donors to claim tax benefits |
GST Compliance (If Applicable)
If the NGO engages in taxable activities such as training programs, consulting, services, or goods sale, GST registration may be mandatory.
GST requirements and filings are handled under:
📌 https://gst.gov.in
📌 https://gstcouncil.gov.in
CSR Reporting (If Receiving CSR Funds)
Under CSR rules, Section 8 companies receiving corporate funding must:
- Submit utilisation certificates
- Maintain activity reports
- Provide transparency documents for spending compliance
FCRA Compliance for Foreign Donations
To legally accept foreign contributions, an FCRA licence under the Ministry of Home Affairs is mandatory.
Without this approval, international funding cannot be accepted directly.
Additional Licences for Special Operations
Some activities require additional regulatory approvals:
Activity Type | Government Link |
Food distribution / nutrition programs | |
Manufacturing or livelihood support programs |
UDYAM and MSME Support (Optional but Beneficial)
Section 8 companies engaged in community development, training, or skill development may optionally register under:
📌 https://udyamregistration.gov.in
This may allow:
- Government subsidies
- Grant access
- Training support
Penalties for Non-Compliance
Failure to meet compliance requirements may lead to:
- Monetary penalties
- Cancellation of Section 8 licence
- Disqualification of directors
- Loss of 80G tax exemption
- Rejection of CSR and donor funding
Maintaining compliance ensures operational continuity and legal protection — especially when handling public or grant-based funds.
Best Practices for Compliance Management
✔ Maintain proper accounting and recordkeeping
✔ Conduct regular financial audits
✔ File MCA & tax returns on time
✔ Maintain transparency with donors
✔ Seek professional NGO compliance assistance
✔ Ensure legal documentation for foreign and CSR funding
To simplify compliance, many organisations choose professional assistance through full-stack
👉 NGO registration services and post-compliance support solutions.
Section 8 Compliance vs Trust / Society Compliance
Requirement Type | Section 8 Co. | Trust | Society |
MCA Filing | Mandatory | Not required | Limited |
Audit | Mandatory | Recommended | Mandatory |
FCRA Eligibility | Strong | Moderate | Moderate |
CSR Acceptance | Highly trusted | Moderate | Variable |
Because of structured compliance and legal recognition, Section 8 companies are the most trusted format among donors, corporates, and international grant agencies.
Final Thoughts
A Section 8 company offers credibility and governance advantages — but only if compliance is maintained properly. Annual filings, tax compliance, meeting documentation, GST rules, and reporting systems ensure smooth functioning and legal protection.
If you’re planning governance support or want to begin the process to Register a non-profit in India, expert assistance helps avoid delays and legal errors.
Start with guidance here:
➡️ Section 8 company registration