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ROC Filing of CSR-1 for Public Trust, Societies & Section 8 Company

For availing of the grants from the CSR Fund of the company, the eligible NGO must register with the registrar of companies by filing form CSR-1 and obtain a Unique CSR Registration Number for the NGO. The registration of NGO in CSR-1 form has started from 1st April 2021.

CSR Registration of Section 8 Company, Public Trust & Society

The eligible companies must spend at least 2% of their average net profit of the last three preceding financial years (If the company has not completed three years, then the average net profit of the company’s period in existence). The following table summarises the CSR applicability under section 135 of the companies Act, 2013.

 Who is Eligible  When Eligible
 • Every company  1. Net worth > 500 crore,or
 • Its holding company  2. Turnover > 1000 crore, or
 • It’s subsidiary company  3. Net profit > 5 crore
 • Foreign company

 

The CSR spending is a mandatory provision, and if not complied, there is a severe penalty prescribed that would be double the amount in default, up to a penalty of Rs one crores. In the recent amendment with effect from 22 January 2021, the company can give CSR contribution only to those eligible NGOs that has been registered with the ROC. The MCA has come up with a CSR-1 form, through which the eligible NGO may register with the ROC and obtain a Unique CSR Registration Number.

Permitted Activities From CSR Funds of Companies

In pursuance of section 135(7) and the CSR Rules, the eligible companies have to spend 2% of the average net profit of the company on the CSR activities either by undertaking these activities by the company itself or through an eligible NGO. Below is the indicative list of permitted activities from the CSR fund.

 

 Permitted Activities  Prohibited Activities
 1. Providing education  1. Normal Business Activities of Business
 2. Promoting gender equality  2. Activities that are undertaken outside India
 3. Projects related to rural development  3. Contribution to a Political Party
 4. Contribution to PM Cares Fund  4. Activities benefiting employees of the company
 5. Contribution towards the protection of the environment  5. Activities that give marketing benefit to the company
 6. Promotion of healthcare, preventive healthcare and sanitation activities related to COVID-19  6. Activities that are done due to any statutory obligation.
 7. Events related to disaster management, including relief activities

 

Eligibility for Grant of CSR Fund of Companies

To receive the CSR contribution following are the categories of the entities. Further, to be eligible for grant or contribution from the companies’ CSR funds, the NGO needs to satisfy additional conditions and upon that must register with the ROC by filing CSR-1 form and obtain a Unique CSR Registration Number.

Eligible Entities

  1. Section 8 Company
  2. Registered Public Trust
  3. Registered Society
 Company Promoted  Independent NGO
 1. Registration U/s 12A of Income Tax  1. Registration U/s 12A of Income Tax
 2. Registration U/s 80G of Income Tax  2. Registration U/s 80G of Income Tax
 3. Three Years Track Record
List of Documents for CSR-1 Filing
Basic Documents
  • Trust deed of the entity.
  • Registration with State Public Trust Act, if any.
  • Certificate of Incorporation in case of Section 8 Company.
  • Society Registration certificate in case of Society.
  • Copy of PAN Card
  • Email ID of NGO (Shall be verified by OTP)
Additional Documents
  • Certificate u/s 12A issued by the Director of Income Tax (Exemption)
  • Certificate u/s 80G issued by the Commissioner of Income Tax (Exemption)

Certification

The CSR-1 form is an eform to be digitally signed using Digital Signature of Class 2 or 3 by any of the following persons as the case may be and to be further certified by a CA, CS, or CMA in full-time practice.

The Signatory to CSR-1 Form

  1. Any director of section 8 company                           Professional Certification
  2. One of the Trustee/ CEO in case of Registered Public Trust
  3. Chairperson/ CEO/ Secretary in case of Registered Society
  4. Authorized Representative in case of Government Entity

 

The practicing professional such as Chartered Accountant, Company Secretary, Cost, and Management Accountant in full-time practice has been given a responsibility to verify the eligibility under section 135 of the act and the rules made thereunder and then certify the form. Apart from the basic documents that are listed above the certifying professional must also verify the following records for the purpose of certification of the three years of track record

  1. Audited financials of entity for last three financial years
  2. Date of registration u/s 12A and u/s 80G
  3. Form 10B of the entity for the last three financial years.
  4. Note of nature of activities carried out by the entity in the earlier years.
  5. Return of income and computation of income for the past three years.
  6. Details of CSR projects already undertaken by the entity.
  7. Assessment orders, if any, to verify the activities accepted by the department

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Frequently Asked Questions

How many people are required to register a CSR/section 8 company?

A minimum of two people are required to register a section 8 company in India.

What are the requirements to be a Director?

The Director needs to be over 18 years of age and must be a natural person. There are no limitations in terms of citizenship or residency. Therefore, even foreign nationals can be Directors in an Indian Section 8 Company.

Do I have to be present in person to incorporate a Section 8 Company?

No, you will not have to be present at our office or appear at any office for the registration of a Section 8 Company. All the documents can be scanned and sent through email to our office. Some documents will also have to be couriered to our office.

How long will it take to incorporate a CSR/Section 8 Company?

kdsconsultant.com can incorporate a Section 8 Company for in 20-30 days. The time taken for registration will depend on the submission of relevant documents by the client and the speed of Government Approvals. To ensure speedy registration, please choose a unique name for your Company and ensure you have all the required documents prior to starting the registration process.