What is NGO Registration?
A Non-Governmental Organization, popularly known as NGO is a unit that operates independently without the aid of government with a particular aim towards the welfare of public, a social agenda, child education, care of environment, wildlife, etc. These operate at different levels and with a wide range of agenda. NGO Registration may be operational only at a village level and may even be spread across the country in various cities. The agenda may vary from health issues to the elimination of social evils. It is a non-profit organization hence, the profits are only utilized to go forward with the agenda and no dividends are distributed to any members.
Why NGO Registration is required?
- NGO Registration brings credibility to the organization. Those providing donations will be more inclined towards associating themselves with those NGOs which are registered since NGO Registration gives a sense of authenticity.
- NGO Registration ensures more exposure to the organization. NGO Registration may help a local NGO to expand its scope/ area of operations.
- NGO Registration widens the scope of bringing both financial and manual resources. More volunteers will come forward and this will be beneficial for the NGO.
- NGO is a general term used and to make it a legal entity. It requires to be registered with the appropriate Authority under the appropriate law. NGO Registration may be done as:
- A Trust under Indian Trusts Act, 1882;
- A Society under Societies Registration Act, 1860;
- A Section 8 Company under Companies' Act, 2013;
All the three shall serve the same purpose of working towards a common agenda which is not for the benefit of the members and the others involved. These are only governed by different regulations.
Documents Required for Trust Registration
- The details of Trustees - Name, Father's name, Age, Residential Address, Occupation, Contact Number and Email address with two latest photographs;
- Any address proof of the Trustee & the Settlers - Voter I.D / Driving license / Passport;
- Electricity Bill or House Tax Receipt or Water Bill Receipt or ownership proof of property. If the property is rented, then a Rent Deed duly notarized with Rent Receipts and NOC from the landlord on a Rs.10/- stamp paper is required;
Documents required for Section 8 Company
- Identity proofs and PAN of all the Directors/Promoters;
- Address proof (Telephone Bill/Electricity Bill/valid Passport/Driving License/Aadhar);
- Latest passport size photographs of all the Directors/Promoters;
- Rent Agreementor a Leave & License Agreement of the Registered Office, if on rent;
- NOC from the owner of the Registered Office;
- The Utility Bills of the proposed Registered Office;
- The consent to act as a Director in Form DIR-2;
- Details of the Directors being Directors in other Companies, if any;
Documents required for Society Registration
- Covering Letter with a request to register the Society under the law.
- Memorandum of Association.
- Copy of detailed rules and regulation of the Society.
- List of all members of the Society.
- Affidavits of the office bearers.
- Residential proof of all the members.
- Proof of address of the registered address or NOC from the landlord.
How to process for NGO Registration as a Trust?
Few states in India have their own Trusts Acts in force to govern Trust Registration in that particular state. If the state does not have any Trust Act for itself, then for, Trust Registration the provisions of the Indian Trust Act, 1882 shall apply.
The first step is to draft the Trust Deed. Trust Deed is non-mandatory but always preferred. The details mentioned in Deed are:
- Name and address of the Settler;
- Name(s) and address(es) of the other Trustees;
- Name of the Trust (minimum 3 preferences shall be given);
- Minimum and maximum number of Trustees that are allowed;
- Address of the Registered Office of the Trust;
- Objectives of the Trust;
- Beneficiaries of the Trust;
- Rules and Regulations to be followed by the Trust;
- Address for correspondence & Evidence: recent electricity bill/ telephone bill/ property card of the Trust location;
- Tenure of Trustees: Tenure may be fixed as minimum 1 year to maximum 5 years;
- Application for 80G and 12A Certificate;
- Approach a Local Registrar & submit the Trust Deed, along with one photocopy for Trust Registration. The physical presence of Settler/s and two witnesses is required at the time of Registration along with Original ID proofs;
- The Registrar retains the photocopy & returns the original registered copy of the Trust Deed;
How to Process for NGO Registration as a Section 8 Company?
Prepare all the required documents for NGO Registration:
- Apply for the DSC and DIN for the proposed Directors.
- Apply for the name of the Company which should be according to the rules provided for the name and also check for name availability for NGO Registration.
- A Memorandum of Association and Articles of Association has to be drafted.
- An Application in INC-12 form has to be made by the individual who is desires to incorporation of Section 8 Company to Registrar.
- After complete satisfaction of the documents, required details and the fee, Registrar of Companies will issue Certificate of NGO Registration.
How to Process for NGO Registration as a Society?
- Name of the Society has to be selected for NGO Registration.
- State Government looks after society registrations. All the required documents with required fee in 2 copies should be submitted to Registrar of the Societies of the State where the Society shall be situated which is prescribed.
- After careful examination of the documents, an Incorporation Certificate with a NGO Registration Number shall be allotted.
- The procedure till the allotment of Incorporation Certificate takes about 1 month of time to be completed.
Frequently Asked Questions
The term “NGO” denotes a unit that operates independently towards the social welfare of the public, children, animals, etc., that, too, without government aid.
The term “benefits” include Credibility, Exposure, Financial Resources, and Status of Legal Entity.
All the profits earned are used for the Social Agenda of the NGO.
No, an NGO cannot distribute Dividends to its Members.
The tenure of trustees will be from a minimum of 1 year to a maximum 5 years.
The documents required for Trust Registration are Details and Address Proof of Trustees and Settlers, together with the Ownership Proof of Property.
An Application in INC-12 Form has to be made by the individual who desires to incorporate the Section 8 Company to Registrar.
Yes, an NGO is eligible for Government Funding but after the expiry of 3 years.
No, one can start an NGO with a Leased Property as well.
Yes, one needs to obtain NOC from the owner of the property.
Yes, an NGO can accept Foreign Donations, but only after obtaining FCRA Registration.
The term “benefits” include Tax Exemptions; Separate Legal Entity; Limited Liability; and No need add a Suffix in the Company Name.
It is a special provision wherein if a donor donates to the NGOs having 35AC registration, he/she will get a 100% tax rebate.
The term “Member” includes Individual; LLP; Registered Society; Company; and Foreign National.
The term “NGO” stands for Non-Governmental Organisation.