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Section 8 Microfinance Company

A Section 8 Microfinance Company helps bridge the credit gap faced by low-income and financially excluded communities. Registered under the Companies Act, 2013, it operates with a clear social purpose:to provide accessible financial support to indivi

Operates as a non-profit entity under the Companies Act, 2013
Uses profits and surplus only to achieve social and charitable objectives
Provides microloans and financial support to low-income and underserved groups
Follows RBI guidelines applicable to microfinance lending
Enjoys higher credibility due to stricter governance and compliance norms

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What is a Section 8 Microfinance Company in India?

A Section 8 Microfinance Company helps bridge the credit gap faced by low-income and financially excluded communities. Registered under the Companies Act, 2013, it operates with a clear social purpose:to provide accessible financial support to individuals lacking access to formal banking services.

Unlike profit-driven entities, a Section 8 Microfinance Company reinvests its surplus to promote financial inclusion, community development, and responsible lending practices. The company is also required to follow the applicable RBI regulations and corporate governance standards to ensure transparency and social accountability.

A Section 8 Microfinance Company is designed specifically for impact-driven financial activities.Its key characteristics include:

In summary, a Section 8 Microfinance Company combines regulatory credibility with a strong social mission. Moreover, propermicrofinance company registrationensures it can operate legally and sustainably.

The Reserve Bank of India (RBI) has updated its regulatory approach for microfinance activities. These apply to Section 8 Microfinance Companies even if they dont need a direct RBI licence. The focus is on responsible lending, transparency, and borrower protection.

Regulatory framework highlights:

Operates as a non-profit entity under the Companies Act, 2013
Uses profits and surplus only to achieve social and charitable objectives
Provides microloans and financial support to low-income and underserved groups
Follows RBI guidelines applicable to microfinance lending
Enjoys higher credibility due to stricter governance and compliance norms
Eligible for tax benefits, subject to additional registrations and approvals
Requirements

Eligibility Criteria

1

Individuals:Indian residents who are at least 18 years old and legally competent to contract can act as promoters.

2

Non-Resident Indians (NRIs):NRIs can promote a Section 8 Microfinance Company, provided they meet all legal eligibility norms under Indian law.

3

Groups of Promoters:Aminimum of two promotersis required (three in the case of a public company). They collectively must fulfill the legal eligibility criteria.

4

Legal Entities:Existing companies can nominate eligible individuals as promoters for a Section 8 Microfinance Company.

5

Trusts and Societies:Trustees or members of registered charitable trusts or societies can act as promoters personally, even though the trust or society itself cannot directly apply.

6

Individuals from Partnerships:Partners in registered partnerships can act as promoters in their personal capacity.

7

Indian Nominee Directors for Foreign Companies:Foreign individuals or companies cannot directly register. However, their Indian nominee directors can act as promoters to set up a Section 8 Microfinance Company.

Paperwork

Documents Required

Identity Proof:PAN card, Passport, Voter ID, or Aadhaar card
Address Proof:Utility bills, Passport, or Bank statement (not older than 2 months)
Photographs:Recent passport-sized photos of all promoters and directors
Step by Step

Registration Process

1

Step 1: Obtain DSC

Ensure the DSC is issued by a government-recognized Certifying Authority.

2

Step 2: Apply for DIN

Estimated Timeline: 1-2 days

3

Step 3: Name Approval with MCA

Avoid names similar to existing companies or trademarks to prevent rejection.

4

Step 4: Draft MOA & AOA

Estimated Timeline:3-5 days

5

Step 5: File Incorporation Forms with MCA

Estimated Timeline:5-10 days

6

Step 6: Obtain COI

Estimated Timeline:7-15 days

7

Step 7: Apply for PAN, TAN, and Bank Account

Estimated Timeline: 3-5 days

8

Step 8: Comply with RBI and Other Regulatory Guidelines

Estimated Timeline:Ongoing

Pricing

Fees & Charges

Fee ComponentAmount
DSC1,000 - 3,000 per director
DINUsually included/0
Name Approval (via SPICe+ / Part A)500 - 1,000
Government Filing Fees (MCA)500 - 8,000 (varies by authorized capital)
Section 8 License Fee2,000 (as per MCA schedule)
Stamp Duty100 - 2,500
Notary & Miscellaneous Charges200 - 1,000
Professional Fees (Consultant/CA/CS)10,000 - 25,000+
PAN & TAN Application150 - 300
GST Registration (if applicable)1,000 - 2,500
Bank Account Setup Assistance500 - 1,000
Post‑Incorporation Compliance (Optional)5,000 - 10,000
Benefits

Key Advantages

Enhanced Credibility

Being registered under the Companies Act, 2013, gives the organization legal recognition. This builds trust amongdonors,lenders, andbeneficiaries, ensuring wider acceptance and support.

Access to Funding

Section 8 companies can accessgrants, CSR contributions,andinstitutional fundingmore easily throughCSR registration. This helps expand microfinance operations and reach more underserved communities.

Reinvestment of Surplus

Any profits or surplus must be reinvested into the companys social objectives. This ensures continuous growth and sustainable impact in financial inclusion programs.

Structured Governance

The company must follow defined compliance norms and governance standards. This improves accountability, transparency, and operational efficiency.

Promotes Financial Inclusion

By providing microloans and financial services, the company helps economically weaker sections gain access to credit.

Long-Term Social Impact

A Section 8 structure allows organizations to focus on mission-driven goals rather than profits. This ensures lasting benefits for communities and fosters responsible lending practices.

Tax Benefits

Section 8 companies may receive tax exemptions or incentives under certain conditions. ProperSection 8 company registrationensures eligibility for these benefits, helping maximize funds for social programs rather than paying taxes.

Legal Protection and Stability

Being a registered entity provides legal protection and reduces risks associated with informal operations. It also ensures stability in long-term operations.

Common Questions

Frequently Asked Questions

Yes, a Section 8 Microfinance Company can provide micro-loans in India, but it must follow RBI guidelines for microfinance activities. These companies focus on financial inclusion and lending to underserved communities, ensuring responsible and transparent lending practices. The loans are provided with a social objective, and all surplus income must be reinvested into the companys activities rather than distributed as profit.
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