Section 8 company registration in Agra
- Governing lawCompanies Act, 2013 (s.8)
- AuthorityRoC, Uttar Pradesh
- Filed throughSPICe+ (INC-32)
- Timeline15 to 20 working days
A Section 8 company is the corporate form of a non-profit. It is a company in every structural sense, with a CIN, a board, limited liability and annual MCA filings, but it carries one binding constraint written into its constitution: all income and surplus must be applied to the objects in its memorandum, and no dividend may ever be paid to a member. In exchange, Section 8(1) allows it to register without "Limited" in its name.
For founders in Agra, the practical question is usually whether to form a Section 8 company or a simpler trust or society. The answer follows the funding source. Corporate CSR committees, foundations and government departments all have to satisfy themselves that money will not leak to promoters, and a Section 8 company answers that at the level of its constitution rather than by assurance, with filings that are publicly verifiable on the MCA portal. Where the funding will come from individual donors in Agra and the operation stays local, a trust in Agra is often the better fit.
Everything about the registration is central except two things: the Registrar of Companies jurisdiction, fixed by your registered office address in Agra, and stamp duty, levied under the Uttar Pradesh Stamp Act. For the national overview see Section 8 company registration, or read the full walkthrough in our registration guide.
Legal framework
Governing law: Section 8, Companies Act, 2013 | Rules: Rules 19 to 23, Companies (Incorporation) Rules, 2014 | Authority:Registrar of Companies, Uttar Pradesh | Filed through: SPICe+ (INC-32) with e-MOA in INC-13 | Stamp duty: Uttar Pradesh Stamp Act | Licence: allotted at incorporation since 15 August 2019
What is actually different in Agra
Most of what you read about "registration in your city" is identical everywhere. These are the parts that genuinely depend on where your registered office is.
| Element | Central or local | What it means for Agra |
|---|---|---|
| Governing statute | Central | Section 8, Companies Act, 2013 applies identically in Agra |
| Filing portal and forms | Central | SPICe+ on MCA21 V3; no Uttar Pradesh specific form exists |
| Registrar jurisdiction | Local | The RoC having jurisdiction over Uttar Pradesh processes your filing |
| Stamp duty | Local | Levied under the Uttar Pradesh Stamp Act on the eForm, MOA and AOA |
| MCA filing fee | Central | Nil for authorised capital up to ₹15 lakh, everywhere |
| Timeline | Central | 15 to 20 working days, subject to Registrar queries |
| 12A, 80G and CSR-1 | Central | Income Tax Department and MCA; no Uttar Pradesh component |
| Registered office proof | Local | A Agra address with a utility bill and owner NOC |
| Government grant schemes | Both | Central schemes plus Uttar Pradesh state schemes, most needing an NGO DARPAN ID |
Registering in Agra
Your registered office address in Agra does two things at once: it fixes the Registrar of Companies jurisdiction for every future filing, and it fixes the stamp duty payable under the Uttar Pradesh Stamp Act. It does not need to be commercial premises. A residential address works, provided you can produce the ownership deed or rent agreement, a utility bill not older than two months, and an NOC from the owner.
Non-profit by constitution A company that cannot pay a dividend
The non-distribution constraint is not a policy the board adopts. It is a clause in the memorandum, enforced by a licence the Central Government can revoke, and backed by a penalty of ₹10 lakh to ₹1 crore under Section 8(11).
- All income and surplus applied to the stated objects
- No dividend to members, at any time
- On winding up, assets pass to another Section 8 entity, not to members
Requirements for a Section 8 company in Agra
Section 8 sets an object test and the Companies Act sets a structural minimum. Neither varies by city.
| Requirement | Private Section 8 | Public Section 8 |
|---|---|---|
| Minimum members | 2 | 7 |
| Minimum directors | 2 | 3 |
| Resident director | At least 1 (182 days in India) | At least 1 (182 days in India) |
| Minimum capital | None | None |
| Registered office | An address in Agra | An address in Agra |
| Name suffix | No "Private Limited" | No "Limited" |
| Dividend | Prohibited | Prohibited |
| Annual return | MGT-7 (not MGT-7A) | MGT-7 |
The object test. Section 8(1) permits commerce, art, science, sports, education, research, social welfare, religion, charity, protection of the environment "or any such other object". The company must intend to apply its income to those objects and to prohibit any dividend to members, and both intentions must be written into the memorandum. A single person cannot register alone: Rule 3 of the Companies (Incorporation) Rules, 2014 bars an OPC from being incorporated as or converted into a Section 8 company, so a founder in Agra needs a second member and a second director.
Documents required in Agra
Names and addresses must match character for character across PAN, identity proof and the forms. A mismatch is the fastest route to a resubmission.
- PAN card of every director and member
- Identity proof: Aadhaar, passport, voter ID or driving licence
- Address proof: bank statement or utility bill not older than 2 months
- Passport-size photograph of each director
- Registered office proof in Agra: rent agreement or ownership deed
- Utility bill for the Agra address, not older than 2 months
- NOC from the owner of the Agra premises
- Memorandum of Association in Form INC-13
- Articles of Association
- Statement of the proposed work in Agra
- Estimated income and expenditure for the next three years
- Declaration in Form INC-14 by a practising professional
- Declaration in Form INC-15 by each promoter, on stamp paper
- Class 3 DSC for every signatory
Pro tip: write the projection like a funder would read it
The three-year income and expenditure estimate triggers more Registrar queries than any other attachment, because promoters submit a table of expenditure with no corresponding funding story. State the source of each income line (donations, grants, fees, CSR), keep total expenditure inside total income, and make the activity heads match the object clause word for word.
Guides and resources
Deeper reading on the registration itself, choosing between the three NGO structures, and the tax and CSR registrations that follow incorporation.
How to register a Section 8 company in Agra
Ten steps, fully online on the MCA21 V3 portal, typically 15 to 20 working days. The licence and the incorporation travel in a single filing.
Obtain Class 3 DSCs
Every proposed director and subscriber needs a Class 3 Digital Signature Certificate. Issuance takes about a working day through video KYC and needs no visit to any office in Uttar Pradesh.
Reserve the name
Two proposed names are filed through SPICe+ Part A or RUN for a ₹1,000 government fee. The name must reflect the object, must not carry Limited or Private Limited, and usually ends in a permitted word such as Foundation, Association, Council or Federation.
Draft the memorandum in Form INC-13
The memorandum follows the prescribed INC-13 format. The object clause, the clause applying all income to the objects and the clause prohibiting dividend are the three the Registrar reads closely. The Articles are drafted alongside.
Build the three-year projection
A statement of the proposed work in Agra plus estimated annual income and expenditure for the next three financial years, with the source of each income line stated.
Obtain the INC-14 and INC-15 declarations
A practising professional signs INC-14 confirming that the memorandum and articles conform to Section 8. Each subscriber signs INC-15 on stamp paper. IncorpX arranges the INC-14 certification within the professional fee.
File SPICe+ with the licence application
SPICe+ (INC-32) is filed with AGILE-PRO-S, the e-MOA and the e-AOA, addressed to the Registrar having jurisdiction over Uttar Pradesh. Since 15 August 2019 the licence number is allotted in this same filing, so there is no separate Form INC-12.
Pay government fees and Uttar Pradesh stamp duty
The SPICe+ fee is nil for authorised capital up to ₹15 lakh. Stamp duty on the eForm, memorandum and articles is levied under the Uttar Pradesh Stamp Act and paid electronically inside the same workflow.
Receive the licence, CIN, PAN and TAN
The Registrar grants the Section 8 licence and issues the Certificate of Incorporation with the CIN. PAN and TAN are allotted through the same form, and DIN is allotted to the first directors.
Complete the post-incorporation set
Open the bank account in Agra, appoint the first auditor within 30 days, file INC-20A within 180 days, then apply for provisional 12A and 80G, register on NGO DARPAN, and file Form CSR-1.
Common mistake
Copying an object clause from another organisation. The Registrar reads the object clause against the proposed name, the statement of work and the projection. A borrowed clause that mentions activities you do not intend to carry on, or omits the one you do, produces a query at best. It also constrains you later, because 12A, 80G and CSR-1 are all assessed against these same objects.
Register your Section 8 company in Agra
Object drafting, MOA in INC-13, the three-year projection, INC-14 certification and the SPICe+ filing that carries your licence. From a ₹1,999 professional fee.
After the licence: registrations and compliance
Incorporation makes the entity exist. These registrations make it fundable, and the annual filings keep it that way.
| Registration | Authority | When to apply | What it unlocks |
|---|---|---|---|
| 12A / 12AB | Income Tax Department | Immediately after incorporation, in Form 10A | Exemption of the entity's own income from tax |
| 80G | Income Tax Department | Alongside 12A, in Form 10A | A deduction for your donors in Agra |
| NGO DARPAN | NITI Aayog | Once PAN and the CoI are in hand | Central and Uttar Pradesh state grant schemes; asked for in CSR diligence |
| Form CSR-1 | Ministry of Corporate Affairs | After 12A and 80G are granted | Corporate CSR funds under Section 135 |
| FCRA | Ministry of Home Affairs | After 3 years and ₹15 lakh of spend | Foreign contributions, into a designated SBI New Delhi account |
| Obligation | Deadline | Form | Consequence of default |
|---|---|---|---|
| Appoint the first auditor | Within 30 days of incorporation | ADT-1 | Members must appoint within 90 days |
| Commencement of business declaration | Within 180 days | INC-20A | ₹50,000 on the company; ₹1,000 per day on officers, capped at ₹1 lakh |
| Board meetings | 1 in every 6 calendar months | Minutes book | A Section 8 relaxation over the usual 4 meetings a year |
| Annual general meeting | By 30 September | Notice and minutes | Penalty under Section 99 up to ₹1 lakh |
| Financial statements | Within 30 days of the AGM | AOC-4 | ₹100 per day, no cap |
| Annual return | Within 60 days of the AGM | MGT-7 | ₹100 per day, no cap; MGT-7A is not available |
| Director KYC | By 30 September | DIR-3 KYC | DIN deactivated; ₹5,000 to reactivate |
| Income tax return | 31 October where audited | ITR-7 | Exemption at risk; late fee and interest |
| Audit report for a 12AB entity | One month before the ITR due date | Form 10B or 10BB | Exemption denied for the year |
| Donation statement for 80G receipts | 31 May | Form 10BD with 10BE | ₹200 per day under Section 234G |
The licence is conditional, not permanent
Section 8(6) lets the Central Government revoke the licence where the company contravenes Section 8, conducts its affairs fraudulently, or carries on its objects in a manner prejudicial to the public interest. Revocation forces the company to add "Limited" to its name and can lead to winding up or amalgamation with another Section 8 company. Staying inside the object clause and filing on time is what protects it. Our Section 8 compliance service in Agra tracks every deadline.
FAQs about Section 8 registration in Agra
Questions sourced from real search queries, the Companies Act, 2013 and our experience assisting 5,000+ non-profit registrations across India.
- SPICe+ (INC-32) eForm stamp: ₹10 (Flat ₹10)
- MOA (INC-33) stamp duty: ₹500 (Flat ₹500)
- AOA (INC-34) stamp duty: ₹500 (Flat ₹500)
- Every director and member: PAN, identity proof, address proof not older than two months, and a photograph.
- Registered office in Agra: rent agreement or ownership deed, a recent utility bill, and an NOC from the owner.
- Constitution: memorandum in Form INC-13 and the articles of association.
- Section 8 specific: statement of proposed work, three-year income and expenditure estimate, the INC-14 professional declaration and the INC-15 promoter declarations.
- Signing: a Class 3 DSC for each signatory.
Start your Section 8 company in Agra
Talk to an IncorpX non-profit expert for a free consultation on structure, objects and the funding path. Registration from a ₹1,999 professional fee, with government charges at actuals.
Nebin Binoy 
