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NGO Registration in Uttar Pradesh

NGO Registration in Uttar Pradesh

Overview of NGO Registration in Uttar Pradesh

An NGO means a non-governmental organization that works independently without any governmental interference. Registering the NGO gives opportunities that work for their goods and benefits it providing funding from private donors, international organizations, and after being recognized legally in the eyes of the government, it arranged funding easily from the government. Registration is a crucial step for those who want to establish an NGO to serve people and not for their benefit.

Importance of NGO Registration in Uttar Pradesh

Some reasons that show the importance of registering the NGO in Uttar Pradesh are given below:

  • The first one is to Get Recognized. After being registered, the NGO gets recognition in the eyes of the government.

  • The second one is Receiving Funding. after getting recognized in the eyes of the government, the NGOs can easily get funds from the government, international organizations, and private donors.

  • The third one is to gain Tax Reduction. registration of the NGOs allows the organization a unique legal standing and tax reduction, it is not only exempt from taxes but also from several annual compliances. NGOs in Uttar Pradesh receive the rebate in Income Tax under Section 12A and 80G. NGOs with 80G Certification attract more donors to donate funds to the organization.

  • The fourth one is to Enhance Credibility; the official registration of the NGO can boost the credibility of the organization and foster trust between stakeholders and the community.  

  • The fifth one is the Select Unique Name; after being registered, nobody can use an NGO’s name that is already registered in the eyes of the government and submitted documents. No one in India is allowed to use the same name that is already registered. The name will become a brand that no one can copy or use as their own.

Types of NGO Registration in Uttar Pradesh

There are three types of NGO Registration, which are given below:

  • The one is Society Registration: In this registration, their main goal is Public Welfare Activities, and this registration comes under the Society Registration Act, 1860. There are Members in the society, and this registration is governed by the Governing Council. Their governing rules are Memoranda and bylaws. Their registration happens in front of the Registrar of Societies in the state. Their tax reduction comes under section 12A and section 80G of the Income Tax Act, 1961. 

  • The second one is Trust Registration: In this registration, their main objective is Charitable Activities. Their legal framework is covered by the Indian Trust Act, 1882. Their members are called Trustees, and their governing body is a Board of Trustees. Their governing rules are the Trust Deed. Their registration took happened in front of the Registrar of Trusts in the Local Jurisdiction. Their tax reduction comes under Section 12A and Section 80G of the Income Tax Act, 1961

  • The third one is Section 8 Business Registration: In this registration, their main purpose is to Promote Science, Arts, and Sports, etc. Their legal framework comes under the Companies Act, 2013. Their member is called Shareholders. Their governing body is the Board of Directors, and their governing rules are the Memorandum and Articles of Association. Their registration is complete in front of the Registrar of Companies (ROC). Tax Reduction comes under Section 8(1) and Section 12A of the Income Tax Act of 1961, under Section 8 business registration. 

Required Documents for NGO Registration in Uttar Pradesh

Some mandatory documents are required for the registration of an NGO, which are given below:

For Trust Registration:

  • Trust Deed

  • Complete details of the trustees, like ID proofs and address 

  • Proof of the registered office address

For Society Registration:

  • Memorandum of Association (MoA)

  • Documents of the Rules and Regulations

  • List of the board of directors with their signatures

  • Affidavit from the president or secretary

  • Proof of originality of the registered office address

For Section 8 Company Registration:

  • Memorandum of Association (MoA)

  • Articles of Association (AoA)

  • Declaration by a professional 

  • Complete details of the directors

  • Proof of registered office address

Eligibility Criteria to Start an NGO in Uttar Pradesh

  • If the NGO is going to establish itself as a Private Limited Company (PLC), there should be at least 2 directors.

  • And in case the NGO is included as a public limited company, then a minimum of 3 directors are necessary.

  • In a private limited company, the capacity is a maximum of 200 members, but for a public limited company, there is no member capacity.

1.    For Trust: a minimum of 2 trustees are required

2.    For Society: a minimum of 7 founding members are required

3.    For Section 8 Company: a minimum of 2 directors and 2 shareholders (the same person can act on behalf of both the shareholders and directors)

NGO Registration Procedure in Uttar Pradesh

Step-by-step procedure of registering an NGO in UP is given below: 

1.    The first step is to choose the name of the NGO. It should be remembered that the name individuals choose is unique.

2.   The second step is to prepare the documents after choosing the name of the NGO the next step is to draft the necessary documents like the MoA, AoA, trust deed, rules, and regulations as applicable. 

3.    Third step is to filling the applications after drafting all the necessary documents carefully, now it’s time to fill out the applications.

  • For Trust: Fill the applications first and submit the trust deed to the local registrar.

  • For Society: After filling out the MoA and rules and regulations, submit all these documents to the registrar of societies.

  • For Section 8 Company: After drafting all the documents which is important, apply for a license from the Ministry of Corporate Affairs (MCA) and after incorporating the company.

4.    The fourth step is to obtain a registration certificate. after filling out the application, the next step is verification, and based on verification, the authority will issue the registration certificate and give legal permission to the NGO.

Why Register an NGO in Uttar Pradesh?

Establishing an NGO in Uttar Pradesh offers a strong basis for your organization to function efficiently, secure funding, and create a significant impact in the community. 
Registering an NGO in UP gives various advantages, including getting recognized legally, some tax benefits under section 12A and 80G, easily funded by the private donor or from any governmental authority.

Conclusion

Incorporating the NGO in Uttar Pradesh is a structured process that needs proper guidance from professionals and requires a complete registration procedure, like choosing a name first, document drafting, form filling, submission of all the documents, and getting verified by the officials. after the certification of the registration will be issued. There are 3 types of registration, like society registration, trust registration, and section 8 business registration. Three of them have their procedure and need different documents to register the NGO, which are given above. The society registration’s legal framework comes under the Societies Registration Act, 1860. The legal framework of Trust Registration comes under the Indian Trust Act, 1882, and the Section 8 Business Registration legal framework comes under the Companies Act, 2013.

Author:

Bhumika Pal
Delhi, India
Walson Institute of Law, CCS University, LL.B 2nd Semester


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