Exemptions to section 8 companies

Section 8 companies are those companies which are incorporated on a no profit basis i.e. their income is not given to the shareholders of these companies. They are mostly incorporated for a charitable, social, educational, religious or such other purposes.

MCA had vide its notification dated 5th June, 2015 given a lot of exemptions to private companies from the stringent provisions of the Companies Act, 2013. The Act, when it was made and bought into force from 1st April, 2014 was extremely stringent in terms of compliance & reporting requirements which was hitherto not present in the old Act.

So the notification of 5th June, 2015 gives a lot of exemptions to the private companies. Now the MCA has vide another notification dated 13th June, 2017 amended this notification of 5th June, 2015 to provide that even section 8 companies will enjoy the benefit of these exemptions provided that the said section 8 company has not defaulted in the filing of its statutory annual documents i.e. the audited financial statements and the annual return.

So we have a notification amending another notification, which is getting cumbersome like you get in the Income Tax and Service Tax regime. Why the Government could not have provided for these amendments by way of a Regulation or an amendment to the Act itself is not clear.  Ease of Doing Business includes clarity in the Government circulars, notifications, regulations etc.

1 Comment

Filed under company law, company secretary, compliance, Uncategorized

One response to “Exemptions to section 8 companies

  1. I’m so glad I found my solution online. Set Up Section 8 Company

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