Section 8 company incorporation

Before you begin

Section 8 addresses eligible objects and restrictions on distributing profits to members. The founding documents should connect the proposed activities, income use and governance to that purpose.

Prepare an activity note describing whom the organisation intends to serve, how programmes will be delivered and how the work will be funded. The founders should resolve the governance model and the intended use of income before turning that note into constitutional drafting instructions.

What the engagement covers

We coordinate object drafting, founding-member information, incorporation documentation and a post-formation governance handover. Separate tax exemption, donor deduction eligibility and foreign-contribution permissions are not assumed from company formation.

The formation pack links each proposed object to the planned activities and identifies decisions still needed from the founders. The handover should include the final constitutional records, submission history and an initial responsibility list for banking, accounting, governance and any separately assessed registrations.

Records to prepare

• Proposed objects and activities
• founders and governing structure
• projected income and expenditure
• office evidence
• planned funding sources and implementation model.

Explain the assumptions behind the projected income and expenditure: programme costs, staffing, premises and proposed funding sources. Keep expected funding separate from money already committed, and identify any donor conditions that need further assessment.

A decision worth resolving early

An education-focused organisation should distinguish running programmes from owning a regulated educational institution. The company’s objects do not replace sector approvals.

For a programme delivered through partner organisations, describe who contracts with staff, holds participant information, spends the funds and reports outcomes. This operating map helps the founding documents and later agreements address the real arrangement.

Scope and fees

The proposal distinguishes incorporation and object drafting from tax registrations, donor documentation, foreign-contribution work and sector permissions. Those separate assignments are included only if stated. The Section 8 company guide provides the continuing governance context after formation.