Overview of NGO Registration in Uttar Pradesh
Uttar Pradesh is the most populous state in India. It has a solid agro-based industry owing to the fertile plains created by twelve significant rivers passing through the state. However, the state also has a robust industrial base thanks to tourism, handloom, oil refineries, sports accessory units, automobile components and leather product factories. The large population of Uttar Pradesh are often supported by numerous NGOs who work for gender equality, education programs, environmental protection, women's welfare etc. These NGOs bridge the gap that the government cannot fill with their initiatives. An entity must register itself to operate as an NGO in the state. There are three ways for NGO Registration in Uttar Pradesh:
- NGO registration as a Society
- NGO registration as a Trust
- NGO Registration as Section 8 Company.
Benefits of NGO Registration in Uttar Pradesh
- Securing the Name: Any entity is known by its name. Once the NGO is registered, its name cannot be used by any other person throughout India. This safeguards your image and prevents other entities' unauthorised use of the name.
- Exemption from Taxes: As the NGOs work for the welfare of Society, the government has allowed certain tax benefits to the NGOs. An NGO must get itself registered to avail of these tax exemptions.
- Bank Accounts: When an NGO gets registered, it becomes eligible to open a corporate bank account to carry out its activities. It also gives a sense of transparency and legitimacy to the donor and the government, as many donors will feel uncomfortable transferring the money to a member's bank account.
- Acquisition of Assets: An NGO is permitted to acquire assets under its common seal only if it gets registered. It is illegal for an organisation to acquire assets under its name if it is not registered.
- Perpetual Succession: once the NGO is registered, it will continue to exist even if its founder, trustees or members die. The organisation can only be then shut down by the court's intervention.
Types of NGO Registration in Uttar Pradesh
There are three ways for NGO Registration in Uttar Pradesh:
- NGO registration in Uttar Pradesh as a Trust:
The settlor must draft a Trust deed. The deed must specify the property to be used for charitable purposes. The deed must also state the name of the trustees who shall look after the property and ensure that the beneficiaries' welfare is carried out effectively. The trust must ensure that it adheres to the provisions of the Indian Trust Act 1882.
- NGO registration in Uttar Pradesh as a Society:
An NGO functions as a society when a group of individuals come together to carry out charitable work. The entity must ensure that it conforms to the norms laid down under the Society Registration Act, 1860. To function as an NGO, the Society must register itself by the state registrar of Uttar Pradesh.
- NGO registration in Uttar Pradesh as a Section 8 Company:
To start a company for charitable purposes, one must register under section 8 of the companies act 2013. This is the most common form of NGO registration as many stakeholders such as donors, members and the government prefer this registration. This registration facilitates ease of operation and transparency in the NGO's working process.
Documents Required for NGO Registration in Uttar Pradesh:
An organisation needs to obtain the following documents to get itself registered in the state:
Documents for NGO registration as a Trust:
- Personal details of trustees: Name, address, Mobile number, email ids etc.
- Utility Bills that show proof of address
- In the case of rented property, NOC on stamp paper is required from the landlord.
- Settlor's id proof
- At least two witnesses with their id proof to sign on the deed.
Documents for NGO registration as a Society:
- Pan Card details
- Memorandum of Association
- A covering Letter
- Address proof of the Society
- Passport size photograph of all the members.
Documents for NGO registration as a Section 8 Company:
- DSC (Digital Signature Certificate)
- Memorandum of Association
- Articles of Association
- Identity Proof of members
- Documents for details of directors
- Utility bill for address proof of the Company
- Documents for Director Identification Number
Process of NGO registration in Uttar Pradesh
- Process of NGO registration as a Trusts
- Finalise an appropriate name: The trust must find an appropriate name to begin the registration process.
- Create a Trust Deed- The Settlor must state the use of the property and other critical details by creating a trust deed.
- Decide the Trustees and the settlor- Trustees are the ones who shall be ultimately running the operations; hence they need to be specified.
- Pay the requisite fees: Once the trust deed and details are finalised, the entity must pay the requisite fee to the registrar.
- Submission of the deed: The Trust deed must be submitted to the registrar, and a copy of the same must be retrieved.
- Once the process is over, a certificate of registration shall be obtained.
- Process of NGO registration as a Society:
- Finalise an Appropriate name: The name shall be finalised; it should be unique and must not be similar to any pre-existing society. It should not be in contravention of the Emblem and Names Act, 1950.
- Prepare the Memorandum of Association: The entity must have a well-defined memorandum of association. All members must sign this document.
- Finalise the documents: Prepare the documents pertaining to the name of the Society, identity proof of the members, Address proof of the Society, and copies of the memorandum of association.
- File the Application: the Application must be submitted to the registrar of Society as per the provisions of the Societies registration act along with the prescribed fee.
- Obtaining the certification: once the Application and the documents are submitted, they shall be scrutinised by the authorities. Once satisfied, the Certification of Registration shall be issued.
- Process of NGO registration as a Section 8 Company:
- Finalise the name through the SPICE+ portal: The Applicant must check the availability of the name on the SPICE+ portal and reserve it for their NGO.
- Obtain the DSC: The applicant must obtain the Digital signature certificate. This shall be used in the portal multiple times.
- Submission of Part A form on the SPICE+ portal: the applicant must submit the name reservation and Director Identification numbers.
- Submission of Part B form on the SPICE+ portal: The applicant must download the SPICE+B form. This form requires the applicant to prepare and file the AoA and MoA. Along with this, the applicant needs to complete details of the AGILE PRO form as well.
- Payment of Fees: The applicant needs to submit the form to the Ministry of corporate affairs and pay the requisite fees
- Certificate of Incorporation: Once all the process is finalised, the registrar shall grant the certificate of incorporation to the NGO.