Ehsan along with his nine (9) friends desires to incorporate a Company, not for profit, for the protection of environment, as permissible under the Companies Act, 2013. Advise on the procedural aspects for the incorporat

A Company, not for profit, with the object of protection of environment, permissible to be set up as per Section 8 of the Companies Act, 2013 is required to follow the following steps for its incorporation. Before, initiation for incorporation of Section 8 Company, all the proposed directors of the proposed company should obtain a valid DIN (Director Identification Number). If not, then steps should be taken for applying for DIN and obtain the same. Availing of name Name availability shall be checked and application to Registrar of Companies ("ROC") for reservation of name in form "RUN" (Reserve Unique Number) shall be made. After obtaining name, an application seeking license for the formation of proposed Company 8 is to be made in e-form INC 12 to the ROC. The ROC may, on being satisfied of the facts of the case, issue a license to the Ehsan (or his friends) and allow them to be registered as a limited liability company under Section 8 without addition to its name of the word "Limited" or as the case may be, the words "Private Limited". After obtaining the license number, applicant can proceed further to incorporate a company by filing e form SPICe along with required attachments. If concerned Registrar of Companies ("RoC") is satisfied that all the requirements of the Companies Act, 2013 have been complied with, RoC will register the association of person as a company u/s 8 (1) and will issue a certificate of incorporation carrying a unique Company Identification Number ("CIN"). It may be noted that in addition to all other documents and information required for incorporation of Companies, Memorandum of Association ("MOA") shall be in the form INC-13 in case of incorporation of Section 8. The MOA and/or Articles of Association shall inter alia provide the following: The object of the proposed company must be the promotion of commerce, art science, sports, education, social welfare, religion, charity, and protection of environment or any such other object. [proposed object is already mentioned in Question itself, therefore, it is not required here] The proposed company shall intend to apply its profits, if any or other income in promoting its objects and Intend to prohibit the payment of dividend to its members. In this case, Ehsan and his Friends can incorporate a Company registered u/s 8 (1) as above and will able to enjoy all the privileges and be subject to all the obligations of a limited company under the Companies Act, 2013.