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Micro Finance Section 8 Company in India

Micro finance is a source of financial services for entrepreneurs and small businesses, it is a type of Non- Banking Financial Company (NBFC) which is in a business of micro credit finance to individuals and small business. It is also known as Micro Finance Institution (MFI).

In India there are two type of business models for micro finance activities:

1. NGOs Not for profit (Trust, Society, Section 8 companies)

2. For profit (NBFC MFI)

Here we will discuss about companies registered under section ‘8’ of Companies Act, 2013:

A NGO can be registered as a Company under Section 8 of the Companies Act, 2013 (earlier section ‘25’ of Companies Act, 1956) and can also be registered as Trust and a Society. Trust and societies are registered and governed by state government acts and regulation, but a section 8 company is registered under Companies Act, 2013 and governed by Ministry of Corporate Affairs.

A company status is always highly recognized in compare to trust or society, therefore Section 8 Companies have higher credibility among st Government departments, Donors and other stakeholder.

Main features of section “8” Company:

  • Charitable Objects: A section 8 Company has in its objects the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other charitable objects.
  • Profit for Promotion of objects: Section 8 company will apply its profits (if any) in promoting its objects.
  • No Dividends: Section 8 Companies are prohibited to declare and/or pay any dividend to its members.

Section 8 Companies and RBI Approval for Micro finance activity: In india, finance businesses are authorised only to Non-Banking Finance Companies (NBFC) and governed by RBI. NBFCs are required to get registration with RBI and comply with RBI guidelines. However, some business forms have been given exemption by the Reserve Bank of India (RBI) to do finance activities up to a certain extent.

The Reserve Bank of India through its master circular RBI/2015-16/15 DNBR (PD) CC.No.052/03.10.119/2015-16 Dated July 01 2015 has exempted all Sec 25 Companies engaged in micro finance activities.

As per Para 2 (iii):

Sections 45-IA, 45-IB and 45-IC of the Reserve Bank of India Act, 1934 (2 of 1934) shall not apply to any non-banking financial company which is:

(a) engaged in micro financing activities, providing credit not exceeding Rs. 50,000 for a business enterprise and Rs. 1,25,000 for meeting the cost of a dwelling unit to any poor person for enabling him to raise his level of income and standard of living; and

(b) licensed under Section 25 of the Companies Act, 1956; and

(c) not accepting public deposits as defined in paragraph 2(1) (xii) of Notification No. 118 /DG (SPT)-98 dated January 31, 1998.

Find the full copy of master circular here:  https://rbi.org.in/scripts/BS_ViewMasCirculardetails.aspx?id=9822

Loan Limits For MFIs:

1. Borrower with a rural household annual income not exceeding Rs. 1,00,000 or urban and semi-urban household income not exceeding Rs. 1,60,000 will be eligible ;

2. Loan amount will not exceed Rs. 60,000 in the first cycle and Rs. 1,00,000 in subsequent cycles;

3. Total indebtedness of the borrower will not exceed Rs. 1,00,000

4. Tenure of the loan not to be less than 24 months for loan amount in excess of Rs. 30,000 with prepayment without penalty;

5. Loan to be extended without collateral;

6. Aggregate amount of loans, given for income generation, is not less than 50 per cent of the total loans given by the mfis

7. Loan is repayable on weekly, fortnightly or monthly installments at the choice of the borrower

Registration process of Section 8 Micro finance Company:

1. Minimum two people required for registration of Section 8 Company.

2. Documents Required :

3. Latest passport size photographs of all Directors/ Promoters

4. Copy of PAN of all Promoters/ Directors

5. Identity Proof: Voter ID/ DL/ Passport/ Aadhar

6. Address Proof: Bank Statement/ Telephone Bill/ Electricity Bill (not older than 2 months)

7. Property ownership documents of Registered office:

8. Property Documents or

9. Rent Agreement or Lease Deed if registered office premise is taken on rent

10. Electricity Bill (not older than 2 months)

11. Other documents will be drafted by professional (CS/ CA)

Process:

Obtaining Digital Signature Certificate (DSC) and Directors Identification Number (DIN)

Filing of Form INC-1 for Reservation of Name

After the approval of INC-1, File form INC-12 to registrar for a license under sub section (1) of section 8.

Registrar will issue a license in Form INC-16

Filing of forms and documents with registrar for incorporation (This is same as in case of public company limited by shares)

Issuance of certificate of incorporation by registrar

The article has been prepared considering the relevant Guidelines/ Circulars/ Notifications/ Provisions of the RBI and Companies Act, 2013 and the rules made there under. Readers are requested to cross-check the provisions before acting upon the same. The author will not be liable for any damages or penalties caused.

About Author

Author Deepak Sharma is a Practicing Company Secretary at Jaipur (Rajasthan),  The author has written articles relating to corporate matters . Some of the articles have been published on Taxguru.

You can get in touch with me at dpkbhinda@gmail.com

Feed backs/ Queries/ Suggestions are invited.

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

116 Comments

  1. Partha de says:

    Sir mujhe microfinance section 8 ki purane license ki required hai for West Bengal, pllll My contact number 9477369030 Please support me sir

  2. Sakshi says:

    We Incorporate new section 8 microfinance company at very compatible rate. We are also dealing in the sale/purchase of old Section 8 Micro finance Companies contact@ 9828311964

    1. DEEPAK SHARMA says:

      Our team member called your before two or three days and you denied that you can’t incorporate a company with microfinance objects and we all professional are well aware with this fact, why you misguiding readers.

      1. Sakshi says:

        Dear Deepak,
        Please confirm number you called or call back again for any of your queries related to incorporating a company with microfinance objects.
        Sorry to say but we never received any such call, nor we can deny any such facts when we help in providing such service. None of professional intend to misguide reader. Awaiting for your call back.

        Thanks.

  3. Kalyankumar Sanganore says:

    I am planning to register section 8 microfinance company in karnataka. What is the procedure and charges. Please provide me the full details.

  4. Avtar Singh says:

    please call me i am interesting section 8 microfinance registration so please call me .my location Punjab district Jalandhar my pin code 144023 so please call me 8557010070

  5. Sakshi says:

    For Incorporation of section-8 micrifinance company or for any consultancy in regard to Section-8 Micro Finance company please call @ +91-9828311964

  6. gaurav kumar says:

    and my my cell no 7983735908
    please call me i am interesting section 8 microfinance registration so please call me .
    my location uttar pradesh distt Bijnor my pin code 246726 so please call me

  7. gaurav kumar says:

    i am planning to register section 8 microfinance company located in Uttar Pradesh below is my email id. please provide me with the details,

    My Email Id.143gauravk@gmail.com am planning to register section 8 microfinance company located in Maharashtra below is my email id. please provide me with the details,

  8. SAKSHI says:

    Please call @ 98282311964 for registration of section 8 microfinance company, we also provide old microfinance company in any state of India.

  9. Swetha says:

    Hi , I want to start a section 8 micro finance company in Bangalore. New registration or old company which is for sale is also ok. Pls mail me the details

    1. Kumar Gauraw says:

      Send your query on mail or whatsapp, I also from Bihar but practicing in Noida now. My full support will be
      Or u may whatsapp at Eight Seven five zero six eight zero six eight seven

  10. Ranjeet singh says:

    Sir i want purchase old section8 micro finance so please contact me as fast as u can , which title clearely mentioned as micro fianance not as ngo, trust, society….
    Mobile. 9782942144,9610868868

  11. Praful Jagarwal says:

    Thanks for sharing the information about microfinance under section 8….But can you give me the GR of we can do microfinance under section 8.

  12. Mukund Kumar says:

    मैं माइक्रो फाइनेंस company/Bank ke saath milkar un छोटे व्यापारियों और ग्रामीणों को माइक्रो loan दिलवाकर उन्हें आत्म निर्भर बनाना चाहता हूं।
    Pls help me

  13. Shrawan kumar says:

    सर् मैं सेक्शन 8 माइक्रो फाइनेंस कंपनी रजिस्ट्रेशन कराना चाहता हु ।
    बिहार पटना
    मोबाइल नम्बर● 09431843211

  14. shivashankaraiah k says:

    honestly i want to help the poor and underprivileged need funds support, will certainly recover and remit back

  15. shivashankaraiah k says:

    honestly i want to help the poor and underprivileged need support of funds will certainly recover and remit back

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