Section 8 Company Registration — Stamp Duty by State, 12A/80G and the CSR-1 Route (2026)

Quick answer: A Section 8 company is incorporated through SPICe+ with the licence issued alongside the certificate — no separate INC-12 for a new company. In Delhi, Haryana and Bihar the MOA and AOA attract nil stamp duty (only ₹10/₹15/₹20 on the form); in UP that is true only for a Section 8 company without share capital. After incorporation it applies for charitable registration and 80G, and — to receive CSR money — files the CSR-1 e-form substituted on 14 July 2025, which needs a three-year track record unless the entity was set up by a company or government. Two members for a private Section 8, seven for a public one; typically 2–4 weeks.

Last verified 4 October 2026 — rules on this page checked against the current notifications. We update it the day a rule changes.

Stamp duty on incorporation — Section 8 by state (MCA state table)

StateSPICe+ formMOAAOA
Delhi₹10NilNil
Haryana (Gurugram, Faridabad)₹15NilNil
Bihar (Patna)₹20NilNil
Uttar Pradesh — without share capitalNilNilNil
Uttar Pradesh — with share capital₹10₹500₹500

Figures as reproduced from MCA's state stamp-duty table and auto-computed in SPICe+; the MCA registration fee is nil for small nominal capital — the exact ceiling and the fee for a company without share capital are read off the MCA fee calculator at filing, not quoted from memory.

Process and what comes after

  1. Name (SPICe+ Part A — words like "Foundation", "Association", "Council" allowed; no "Limited" suffix), DSC/DIN, INC-13 MOA with charitable objects, declarations INC-14/INC-15, three-year projected income and expenditure
  2. SPICe+ Part B with the licence application built in; certificate of incorporation with licence — 2–4 weeks typical
  3. Charitable registration and 80G — under the Income-tax Act 2025 numbering (s.332/s.354; Forms 104/105) — see 12A/80G
  4. CSR funding: CSR-1 on MCA (form substituted with effect from 14 July 2025, certified by a CA/CS/CMA) — eligible with 12A/80G or 10(23C) status and a three-year track record, unless established by a company (with its CIN) or by government
  5. Later: FCRA for foreign funds, annual ROC filings, audit
Section 8 vs trust vs society: donors, CSR committees and FCRA favour the Section 8 form for its MCA-grade governance; it costs more to run (ROC filings, board meetings) but is the only form that is a "company" for the CSR-1 "established by a company" exemption. Two members for a private Section 8, seven for a public one; profits cannot be distributed and directors draw only reasonable remuneration.

ROC jurisdiction

What we do

Figures are quoted from the issuing authority's own notification or portal; anything not yet confirmed on an official page is marked and checked at filing, never estimated.

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Frequently asked questions

Is there stamp duty on a Section 8 company's MOA and AOA?

Nil in Delhi, Haryana and Bihar (only ₹10/₹15/₹20 on the SPICe+ form); in Uttar Pradesh nil only for a Section 8 company without share capital — with share capital UP charges ₹500 each on MOA and AOA.

Is a separate licence (INC-12) still required?

Not for a new company — the licence is applied for and issued through SPICe+ with the certificate; INC-12 survives for converting an existing company into Section 8.

How many members does a Section 8 company need?

Two for a private Section 8 company, seven for a public one; at least two or three directors respectively.

Can a Section 8 company receive CSR funds immediately?

Only after CSR-1 registration (form substituted from 14 July 2025), which requires 12A/80G or 10(23C) status and a three-year track record unless the entity was established by a company or by government.

Is a Section 8 company automatically tax-exempt?

No — it must separately obtain charitable registration and 80G approval (s.332/s.354 of the Income-tax Act 2025; Forms 104/105).

Can it pay salaries?

Yes, reasonable remuneration for services; it cannot pay dividends or distribute profits.

How long does registration take?

Typically 2–4 weeks including name approval, licence review and any ROC queries.

Which ROC handles Patna, Noida and Gurugram?

ROC Patna for Bihar, ROC Kanpur for UP, ROC Delhi for Delhi and Haryana.