How to Register an NGO Under Section 8 of Companies Act in India?
Swarit Advisors | Updated: Aug 08, 2018 | Category: NGO
An NGO stands for the non-government organization that has an intention of doing charitable work. Any NGO can get an NGO Registration in India under any of the following acts by law:- In this article, we will discuss How to Register an NGO Under Section 8 of Companies Act in India?
- Trust registration under Indian trust act 1882.
- Society under society’s registration act 1860.
- Section 8 of the company’s act of 2013.
In this article though, we’ll be explaining how you can do an NGO Registration under the section 8 of company’s act of 2013.
The Steps of the Process of NGO Registration:-
- Find a purpose to start an NGO.
- Prepare with the pre-requisites for the Registration process under the section 8 of companies act of 2013.
- Use the forms required for NGO Registration.
- Issue a Certificate of incorporation.
Purpose of NGO – Section 8 Company
Here the main purpose of Registration of an NGO establishment under the section 8 company is for promoting their non- profit objectives. These objectives could be trading, commerce, charity, arts, some kind of education, religious or environmental for environment protection, some kind of social welfare and sports and research sometimes and just such similar objectives.
The gained profits or the income generated through these operations of the social welfare in a company setting are also and will be, applied towards the promotion of the objectives of the company. These generated profits are not intended to be shared as a dividend among the members of the established company as an NGO.
To get an NGO Registration online, you must have at least a minimum of 2 directors. This is a requirement under section 8 Companies act of 2013for incorporation of the company as a private limited. The maximum number though can be about 200. Now if it’s incorporated as a public limited company, then there will not be any such limit to apply for members. On top of that, there is also no minimum requirement of paid-up capital as such when getting an NGO Registration under section 8 of Companies act of 2013. Now let’s take a look at the prerequisites to the Registration process of an NGO.
Pre-Requisites to the NGO Registration
Start with obtaining a digital signature or a DSC for short. It is required when filling a form online. Most of the online registration forms are signed with a digital signature. To obtain a DSC you may apply at the agencies that are government certified and will issue a DSC for you. Basically, you will get a digital signature certificate. The procedure of getting a DSC is variable with the agencies. You could obtain either for a class 2 or a class 3 digital signature for this purpose. These classes are certain categories of digital signatures. The difference between the two is that the class 2 category digital signature of a person is verified against their pre-existing verified data available. While in the case of class 3 category, you will have to just present yourself before the Registration authority and prove your identity.
Next, apply for DIN. DIN is a short abbreviation for the director’s identification number. You’ll have to apply for it for the supposed directors of your company. The allotment application for the DIN must be made via the form DIR-3. You will have to basically attach a scanned copy of the necessary documents like self-attested copies of your PAN card number, identity proof along with proof of your residential address. These forms otherwise could be attested by a practising chartered accountant or a company secretary. All collectively be submitted onto the MCA or the ministry of corporate affairs through their MCA portal. Once submitted following are the forms to be used for NGO Registration.
Number of Forms Required for Registration
- RUN Form Name Approval
- INC 12 for the purpose of Issuance for Licence as section 8 company
- INC 13 Memorandum of Association
- SPICE Incorporation of company
- INC 22 Registered office of the company
- DIR 12 Appointment of Directors
Experts at Swarit Advisors are constantly available 24/7 hr to serve its customers anytime when they need help in legal processes that are to be done online such as NGO Registration. We can help you with the step-by-step procedure to follow and get your registration done without facing any issues or hurdles. All you have to do is to contact us through the email or phone call.
Read, Also: NGO Registration Procedure in India.
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