Questions about Section 8 Company members

1405 views 2 replies

Most of the associations and chambers registered under section 8 invite professionals or public to become their members by charging a fixed fees in such case my questions are -

1) Do such members act as shareholders of the company?
2) Do such members have legal obligations with MCA in future?
3) Can these members vote for directors election? or only shareholders may vote?
4) Can such members choose or vote for a leader who will act as catalyst or as representative of member group in any committee of association?
5) Do such members affect while amalgamation with another section 8 or converting into another company?
6) Can company directly cancel membership of such members in case of dispute or breach of regulations?

Looking forward.

Regards,

Nitin

Most of the associations and chambers registered under section 8 invite professional or general public to become members by charging a fixed fees in such case my questions are - Do such members act as shareholders of the company? Do such members have legal obligations with MCA in future? Do such members can vote for directors elections? Can such members choose or vote for a leader (to act as catalyst or to be included in committee of association) from themselves? Do such members can be obstacle while amalgamation with another section 8 or merging into another entity? Can company directly cancel membership of such members in case of dispute or breach of regulations?

Read more at: https://www.caclubindia.com/forum/how-would-you-define-member-of-section-8-company-and-their-purpose--577975.asp


Read more at: https://www.caclubindia.com/forum/how-would-you-define-member-of-section-8-company-and-their-purpose--577975.asp


Read more at: https://www.caclubindia.com/forum/how-would-you-define-member-of-section-8-company-and-their-purpose--577975.asp
Replies (2)
1. Yes such members may not act as shareholders.

2. Yes they have a legal obligation to MCA

3. Yes members can vote.

4. No I think not. Make sure with others also

5. Yes it will affect the membership while amalgamation and merger

6. Yes company has the power to cancel and dismiss the members

In a Section 8 company, members are not shareholders in the conventional sense, as the company is formed for charitable or non-profit purposes and does not distribute profits or dividends to its members. Members admitted by paying a membership fee enjoy rights such as voting and participation in governance as defined in the Articles of Association (AOA) of the company, but they do not hold shares with economic benefits similar to a commercial company. Their liability is usually limited to the amount specified in the MoA/AoA, often the guarantee amount. Such members do not have independent filing or compliance obligations under the MCA; all statutory compliances are the responsibility of the company and its directors. Members’ obligations are restricted to what is contractually agreed in the company’s governing documents. To gain better clarity on registration and compliance for a Section 8 company, reaching out to expert professionals like Setindiabiz is often recommended.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
14 July 2026
Senior Executive/ Manager

H S SHARMA AND CO

Pune

CA Final

View Details
Company
ARTICLESHIP 14 July 2026
Article Assistants

R Shyam and Associates

New Delhi

CA Final

View Details
Company
Featured 16 July 2026
Semi Qualified Company Secretary

Vakilsearch.com

Chennai

CS

View Details
Company
22 July 2026
Senior Chartered Accountant

SKSS

Patna

CA

View Details
Company
ARTICLESHIP 27 June 2026
Article

SNCO

Mumbai

CA Inter

View Details
Company
24 June 2026
Senior Account (VA Client Operations)

Karbon Business

Bengaluru

CA Inter

View Details
Company
ARTICLESHIP 30 June 2026
Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 30 June 2026
2 posts Article assistant and Articleship completed students

Chirag N Shah & Associates

Mumbai

CA Inter

View Details