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NGO Registration In India

NGO Stands for Non-Governmental Organization, is an organization that works for charitable, non-profit and for social welfare purposes.

NGOs can be registered in India under the following laws:

  1. Trust under the Indian Trust Act, 1882.

  2. Society under Societies Registration Act, 1860.

  3. Section-8 Company under Companies Act, 2013.

Matters of welfares had long been the domain of state players, with little room for private entities to take the helm.  However, recently, there has been a rapid increase in the involvement of Non-Governmental Organizations (hereinafter “NGOs”) in a playroom that till now represented sovereign interests. In India, these private entities generally exist in one of the following three legal forms - that of trusts, of societies, or in the form of Companies incorporated under Section 8 of the Companies Act, 2013. NGOs are champions of causes, whether social or economic.

NGOs are usually expected to function without profit (notably, Section 8 companies have prohibitions from paying out dividends, and are expected to reinvest profits back into the promotion of the objects). However, NGOs are generally offered various exemptions when it comes to taxation as an NGO basically represents an active civil society member.

eStartIndia is the best legal and business services platform for services relating to NGO registration in India, offering a variety of registration services like Trade License registration, ISO certification, MSME registration, etc.

How can Register NGO in India?

Broadly, NGOs in India function as either:

  • Trust Registration - since trusts are irrevocable and cannot be changed or terminated without the beneficiary’s permission, such form of organization is preferred by NGOs with extremely limited membership, or by permanent institutions such as orphanages/old age homes. While no Central Act governs trusts, certain States do regulate Public Trusts and by extension, NGOs.

  • Society Registration – societies are member-based organizations, operating under self-decided rules for governance by a committee elected by the members. Societies are registered under the Societies Registration Act, 1860.

  • Section 8 Company Registration – Section 8 Companies are limited liability companies that are formed for the promotion of public purposes and for the general benefit of society. Regulated by the Companies Act, 2013, this is a preferred mode of organization that inspires confidence in both the government and donors.

NGO Registration Process

For Trusts:

In India, any person

  1. who is not a minor, and is not disqualified otherwise from contracting.

  2. has the power to transfer some transferable property.

may form a trust. Trusts need to be registered under the Indian Trust Act of 1882. The procedure for establishing a trust is:-

Pre-Requisites:

  • Decide upon a name for the trust.

  • Provide the registered address from where the trust shall operate.

  • Decide upon the objects for which the Trust shall function.

  • Trust deed as a memorandum must be prepared.

  • Assign one settler of the trust.

  • Assign at least two trustees of the trust.

  • Decide on the property (immovable/movable) which shall function as the property of the trust.

Formation of trust deed:

  • Trust deed must be made on stamp paper of appropriate value.

  • Include photographs & identity proofs of the settler, at least two trustees and two witnesses.

  • Each page of the Trust deed must be signed by the Settler.

Registration of trust deed (under Indian Trust Act, 1882):

  • Submit trust deed with Xerox copies of the same signed by the settler on each page to the Local Registrar of the State where the Trust will operate;

  • Trust deed should be submitted by the Settler and the Witnesses, who should have their original identity proof with them for verification by the Registrar.

  • After processing, the Registered Deed is returned, while the Xerox copy is retained for record purposes.

For Societies:

Two elements are required for the successful registration of society in India:-

Memorandum of Association – includes several clauses such as:

  • the decided name of the society.

  • address of its registered office.

  • Objects for its formation.

  • Details of the general body.

Rules & Regulations of the Society – address the governance of the society, specifically, rules relating to:

  • Membership.

  • Meetings.

  • Appointment of Governing Committee.

  • The procedure with regard to legal matters.

  • Reasons for dissolution, etc.

Once these two elements have been formed by the prospective society, the Rules & Regulations must be signed and certified by three office bearers of the society.It is important to note that the Object Clause in the MoA is the clincher when it comes to the successful registration of a Society. Thus, hire our experts to make your job easier and ensure that there are no problems in either of these elements when the registrar scrutinizes your society before approval.

For Section 8 Company

  • Name approval of the Company.

  • Prepare MOA and AOA.

  • A requirement of Min 2 Director and Shareholder.

  • File Form SPICE with ROC.

A Company can be registered as Section 8 Company if it:

a) has in its objects the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of the environment or any such other object.

(b) intends to apply its profits, if any, or other income in promoting its objects.

(c) intends to prohibit the payment of any dividend to its members.

The company registered under this section shall enjoy all the privileges and be subject to all the obligations of limited companies.

Differences between a Society, Trust, and Section 8 Company

 TrustSocietySection 8 Company
Management RequirementA Trust is managed by the appointed TrusteesSocieties are managed by their elected committeeSection 8 companies require at least 2 members to serve as directors for the company
Governing Law & BodyTrusts are managed by the Registrar of TrustsSocieties are governed by the Registrar of SocietiesCompanies are governed by the Registrar of Companies and are required to annually submit audits
Ease of Set upIt takes around 20 days to register a trustIt takes around 45 days to register a societyIt takes around 75 days for a Section 8 Company registration

 

Registration Process

Process For NGO Registration In India

eStartIndia will help you to apply for your NGO (Trust, Society, Section-8 Company) from the comfort of your home, offering you services that are very specialized and tailored for individual needs.

Get a Free Consultation for Your NGO registration with Our Top Rated Experts with a simple registration.

Step 1

eStatindia will help you for registration of your NGO with a simple sign up with us!

Step 2

Our experts engage you in consultations in order to understand your needs and advise which registration would best suit your requirements

Step 3

Consequently, if you agree with our advisory, we begin the process and procedure as required for the chosen registration process

Package

Trust Registration

10999 /-

    Trust Registration with continuous Expert support

(Lowest Price)

Society Registration

14999 /-

    Society  Registration with Continous Expert Support

(Lowest Price)

Section 8 Company

19999 /-

    Package Includes:

    • Free Company Name Search & 1 Name Approval
    • Free Experts Advice
    • 2 DSC
    • 2 DCN

(Lowest Price)



FAQs

How to open a NGO?

If you are keen on working for public interest and wish to organize a collective for this purpose, you are required to register yourself with the Government. A simple road map to be followed is –

  1. Clarify the mission statement of your NGO;

  2. Form a governing body for the NGO;

  3. Register your NGO with the government;

The final step is one that involves headache inducing legal hurdles, and documentation requirements which can deter the ambition of aspiring philanthropists. In order to avoid the headache, register for our NGO registration process today and let our experts handle each step of the way!

What to register – a trust, a society or a company?

This choice primarily depends on the objectives an NGO wishes to pursue, as well as the organization that will complement the same. For the best solution, engage our experts in a consultation that ensures that your needs are reflected in the final choice that is the best for your NGO.

Why do NGOs need to be registered?

NGOs are required to be registered so that the Government can keep a track of the finances received and spent since generally, NGOs enjoy exemptions as they function for the betterment of society.



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