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Non - Governmental Organization or NGO Registration - Overview
A non-governmental organization or NGO is a legally registered organization launched by natural persons and it operates independently without any interference of the state or central government. This term ‘NGO” is applied by the government on the entities to state that the particular company has no government status. NGOs are basically engaged in cultural, social, legal, and environmental-related activities without any aim of profit.
Why NGO Registration is Recommended?
If you want to launch or start a non-profit organization and if you are willing to work with an aim of improvement or betterment of any specific area or location of the society then NGO Registration process is recommended to you as it will be evident in the eyes of the law. It is always better to do any social work or activity under the evidence of the law.
Advantages of NGO Registration in India
- Registered NGO benefits and enjoys the legal status and becomes eligible for the investments and funds received. For example, when a person donates investment or funds to a charitable trust, it is obtained under the name of the company and can be used for the trust’s social activities. In case of an unregistered organization, the assets can be obtained under anyone’s name and may be used in any such ways such as for their own profit.
- An organization which is registered under a new NGO registration process reinforces the social, ethical, and legal norms and standards of our society.
- The basic requirement for starting an NGO is to open a bank account in the name of the organization. In order to open a bank account, it is necessary to be filed as a Trust, Society or Section 8 Company.
- By NGO registration act, the organization obtains a special legal status and it enjoys tax exemptions which mean subscribers and donors or creditors can claim for their fund contribution for a tax exemption. Not only it enjoys tax exemption but also exempted from the various annual compliances.
- A company registered under NGO registration guarantees limited liability to the members of the company. The roles and responsibilities of the members are restricted only to a certain extent of the capital or fund contributed.
- Even though the company enjoys all the advantages of the corporate company, it is not named as the corporate entity. The company cannot add the suffix name “Limited” or “Private Limited” after the entity’s title.
Registration Process for NGO Trust registration
Trust Registration as per the following ACT 'The Indian Trust Act, 1882” Society Registration as per the following ACT 'Societies Registration Act, 1860” Section 8 Company Registration as per the following ACT 'The Companies Act, 2013”
Step 1
Fill the NGO Registration Form, the applicant has to fill all the needed details in the simple application form.
Step 2
Assemble the Prerequisites details, here you have to collect all the required documents as per the specifications. And it takes around 2 working days
Step 3
Compile a trust deed, as per the documents provided by you for the registration process, a Trust deed will be compiled. This process will take around 4 to 5 working days
Step 4
Trust Deed Registration process, the trust deed so compiled will be presented to the concerned local registrar for registration. It takes around 12-13 working days to complete this process.
Step 5
A non governmental organization registration certificate is granted. Once your Trust NGO registration process got completed, you will receive the registered Trust Deed through courier.
The procedure of NGO Registration - Society Registration
- The Society name
- Address proof of the registered office.
- Identity proof of all the members of the company which can be:
- Aadhaar card
- Copy of Passport
- Driving License
- Voter ID
- Two copies of the MOA and By-laws as per the specified norms for the society registration.
- Once the processing fee for the registration is executed, it takes around 8 to 10 days to draft the MoA and By-laws of the Society. Thenceforth it takes about 21 to 30 days to complete the Society registration process.
The procedure of the Society Registration Process
The complete procedure of NGO registration as a society in India is managed and regulated under the Societies Registration Act of 1860. The registration or constitution of an NGO society registration in India needs two important things, they are:
Memorandum of Association of the Society
Rules and Regulations of the Society
In order to draft the Memorandum of Association, you have to fill out the 6 important clauses of the Memorandum of the Society.
- Name Clause
- 2. Objects Clause
- 3.Liability Clause
- 4. Domicile Clause
- 5. Subscription Clause
- 6. Capital Clause
Procedure for NGO Society Registration
Step 1
Fill the NGO application form, here in this step you have to fill all the needed details in the simple online application.
Step 2
Compilation of details Based on the information provided, you have to draft the society registration Application.
Step 3
Memorandum drafting In this step, drafting of the Memorandum of Association is done as per the clauses.
Step 4
Drafting the Rules and regulations Based on the rules you have to establish for your NGO, which will be included in your NGO volunteer registration.
Step 5
NGO Society Registration is now completed Once the NGO Society is registered, the granted certificate will reach via courier.
Section 8 Company Registration process
For a Section 8 company registration, the mentioned below documents are required:
- The name of the Company which will be filed for approval.
- Address proof of the registered office such as water or electricity bill or receipt of house tax.
- Identity proof of all the members of the company which can be:
- Copy of Passport
- Driving License
- Aadhaar card
- Voter ID
- The Memorandum of Association or MOA and Articles of Association or AOA of the Company.
The Registration Process of Section 8 Company
The registration of a section 8 ngo registration is same as any other entity registration procedure in India. The directors and their DSC or digital signature certificates with MoA or Memorandum of Association and the AoA or Articles of Association are required to complete the process. Following is the step by step procedure Registration Process of Section 8 Company.
Step 1
Fill the Section 8 Form, the applicant is required to enter all needed details in the simple online application form.
Step 2
Getting DIN and DSC for Directors of Section 8 Company. In this step, you can apply and obtain DSC and DIN for all the directors of the company and file the application for name approval of the Section 8 company.
Step 3
Checking and Name Approval of the Company, The information submitted by you for Section 8 registration will be checked and verified by the concerned experts.
Step 4
Drafting the Rules and regulations Based on the rules you have to establish for your NGO, which will be included in your NGO trust registration online.
Step 5
Apply for the permission and COI of Section 8 Company, in this step applying for a license and also obtaining the COI or certificate of incorporation for Section 8 is done and then application for TAN and PAN is filed.
Step 6
Registration process of Section 8 Company is now done. Once the Section 8 company is registered, the TAN and PAN will be granted.