Can Section 8 company director get salary?

vakilkaro
2 min readJan 26, 2024

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Can Section 8 company director get salary?

Introduction:

Section 8 companies, also known as non-profit organizations, play a crucial role in contributing to social welfare and development. One common question that arises in the context of Section 8 companies, especially in the microfinance sector, is whether directors are eligible to receive a salary. In this guide, we will delve into the intricacies of Section 8 microfinance company registration and explore Can Section 8 company director get salary.

Section 8 Microfinance Company Registration:

Before addressing the question of director salaries, let’s briefly understand the process of registering a Section 8 microfinance company. Section 8 of the Companies Act, 2013 in India allows for the formation of non-profit organizations with the primary objective of promoting commerce, art, science, sports, education, research, social welfare, religion, charity, and more.

To register a Section 8 microfinance company, certain steps must be followed, including obtaining a license from the appropriate regulatory authorities. This registration process is essential to ensure compliance with legal requirements and to enjoy the benefits accorded to Section 8 companies.

Can Section 8 Company Directors Get a Salary?

The ability of directors in a Section 8 company to receive a salary depends on the company’s memorandum of association and articles of association. Typically, Section 8 companies are formed for promoting charitable or not-for-profit purposes. As such, the directors may serve on a voluntary basis without receiving any remuneration.

However, if the company’s articles of association expressly permit the payment of remuneration to directors, including a fixed salary, then directors may receive compensation for their services. It’s important to note that any such remuneration must be within the limits set by the Companies Act and should be approved by the company’s board and members.

Considerations for Section 8 Microfinance Companies:

When dealing specifically with microfinance companies operating under Section 8, it’s crucial to align any compensation for directors with the overarching goal of promoting financial inclusion and social welfare. The focus should be on balancing the need for effective leadership with the company’s commitment to its social mission.

Conclusion:

In conclusion, while directors of Section 8 microfinance company Registration may not inherently receive a salary due to the nonprofit nature of such entities, it’s possible if permitted by the company’s articles of association. Entrepreneurs looking to establish Section 8 microfinance companies should carefully structure their organizations to align with legal requirements and social objectives, ensuring a harmonious balance between financial sustainability and social impact.

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