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Difference Between NGO and PVT Co

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DIFFERENCE BETWEEN SECTION

8 COMPANY & A
PUBLIC/PRIVATE COMPANY
Private Company
Areas of Comparison Section 8 Company

A section 8 company can be


registered as a limited company for
promoting commerce, art, science,
A private/Public limited company
religion, charity or any other useful
Permitted scope of Activities is always established for profit
purpose.
making objective.
The Company needs to apply its
profits if any or other income in
promoting its objects.

The main components of the


The main components of the
Financial Statement of any
financial statement of a section 8
company other than section 8
Financial Statements companies are-Income &
companies are-Statement of Profit
Expenditure Account, Receipts &
& Loss, Balance Sheet & Cash flow
Payment Account & Balance Sheet.
Statement.

A Section 8 company is not


A company other than section 8
permitted to sell any product or
company must generate revenue
Revenue services to generate revenue.
by selling any product or services.
Any donation or grants received are
recorded as revenue.
Areas of Comparison Section 8 Company Private Company

The profit generated by a


No section 8 company is permitted company other than a section 8
Dividend distribution to distribute the surplus earned as company can be distributed as
dividend. dividend between the
shareholders.

There is no limit for the maximum


The maximum number of directors
number of directors for a Section 8
are restricted to 15 in case of a
company under section 149(1)(b).
limited or private limited company
Number of Directors However as per section 149(1)(a)
& to increase the number of
the minimum number of directors
directors the company must pass
are applicable & same as a
a special resolution.
Limited company.

Number of Board Meetings Section As per section 173(1) of A company other than a Section 8
173(1) & (5) Companies Act ,2013 the company must hold minimum of 4
minimum number of Board board meeting in a year & the
meeting for a section 8 company interval between each meeting
is 2 in a year subject to not less must not more than 120 days.
than 90 days interval between
each meeting. The company has
to hold the meetings bi-annually.
Areas of Comparison Section 8 Company Private Company/Public company

Interest Charged-section Section 8 company in which 26% or


186(7) more of paid-up share capital is
held by the central government or
one or more state governments or
both, may give interest-free loan for
funding industrial R&D projects in
furtherance of its objects as stated
in its Memorandum of Association.

No of directorships (sec 165) Section 165 which refers to the limit As per section 165 no person can be
of maximum number of directorship appointed as a director in more than 20
which is not applicable for a companies in case of a public
Section 8 company. company
Consent to act as a Section 152 which refers to the Every person shall furnish to the
director-Section 152(5) consent of the director is not company his consent to act as a
applicable on section 8 company. director. The consent must be furnished
on or before his appointment as a
director. The consent letter needs to be
filed with ROC within 30 days of
appointment.
Areas of Comparison Section 8 Company Private Company/Public company

Tax exemption If a section 8 company utilizes 85% No such benefit is applicable for a
of the grants received on the company other than a section 8
same year then the surplus earned company.
gets tax exemption.

Company Secretary -Section 2(24) A section 8 company can appoint It’s compulsory for a company
any person as a company other than a section 8 company to
secretary. It's not mandatory for appoint a company secretary who
that person to be a member of must be a member of ICSI.
ICSI.

Minimum Paid up share capital The minimum paid up share The amount of minimum paid up
capital is not applicable. share capital must be satisfied as
per section 2(68) & 2(71).
THANK-YOU

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