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What is an NGO? REGISTRATION
An NGO (Non-Governmental Organization) is a non-profit group that operates independently of the government. Its purpose is to address social, cultural, environmental, or humanitarian issues. NGOs work to promote development, education, health, or relief to communities. There are various forms of NGOs like Society, Trust, and Section 8 Company in India. Each form has a different registration process and purpose, depending on the nature of the organization’s work.
Types of NGOs in India:
1. Society Registration (under the Society Registration Act, 1860)
2. Trust Registration (under the Indian Trusts Act, 1882)
3. Section 8 NGO Registration (under the Companies Act, 2013)
Society NGO Registration – Step-by-Step Guide
What is a Society?
A society is an association of people united by a mutual agreement to work together for a common cause, such as education, welfare, or charity.
Documents Required for Society Registration:
Aadhar Card of all 7 members (minimum required).
PAN Card of all members.
Electricity bill or Address proof of the registered office.
Memorandum of Association (MOA) and Rules & Regulations of the society.
Step-by-Step Process:
1. Choose a Name for the Society:
The name should be unique and not similar to an existing society.
Avoid names that suggest government patronage or sanction.
2. Draft the Memorandum of Association (MOA):
The MOA includes details like the objectives, names, and occupations of members.
Clearly state the objectives for which the society is formed.
3. Draft the Rules & Regulations:
This document outlines the working procedure, roles, rights of members, and dissolution process of the society.
4. Prepare Documents:
Collect Aadhar Cards, PAN Cards, and Address Proofs of all 7 members.
All documents should be signed and notarized.
5. Submit to the Registrar:
The documents should be submitted to the concerned Registrar of Societies in your state along with a fee.
6. Verification & Approval:
After verification, if everything is in order, the society will be registered.
7. Certificate of Registration:
Upon approval, the Registrar will issue a Certificate of Registration.
Detailed Explanation of Society Registration
Step-by-Step Breakdown:
1. Choosing the Society’s Name:
The name you select must not be identical or similar to any existing society or legal entity.
Avoid using terms like “government,” “state,” or any words that suggest government patronage.
Always cross-check the name availability on the government’s portal to ensure it is unique.
2. Drafting the Memorandum of Association (MOA):
Purpose: The MOA clearly states the objective for which the society is established, such as educational, charitable, religious, or scientific purposes.
Details to Include:
Name of the society.
Address of the registered office.
Names, addresses, and occupations of the founding members (minimum 7 members).
List of proposed governing body members.
A declaration stating that the society will comply with all legal requirements.
The document must be signed by all members and witnessed by a notary.
3. Creating the Rules & Regulations:
Purpose: This document governs how the society will function. It should include:
Admission, resignation, and removal of members.
The election process for the governing body.
Powers and duties of office-bearers (President, Secretary, Treasurer).
Rules for holding meetings, voting, and quorum.
Procedures for amending the rules and regulations.
Process for the dissolution of the society.
4. Gathering Documents:
All members must provide identity proof (Aadhar Card and PAN Card).
The address of the registered office must be verified through an electricity bill, rent agreement, or ownership proof.
Get the documents notarized and signed by all the members.
5. Filing the Application with the Registrar:
Submit the Memorandum of Association (MOA), Rules & Regulations, and all identity/address proofs to the Registrar of Societies in your state.
Pay the applicable registration fee.
6. Waiting for Verification:
The Registrar verifies all documents. They may ask for additional information or clarification if necessary.
Once satisfied, the Registrar will issue a Certificate of Registration, officially recognizing the society.Advantages of a Registered Society:
Legal Identity: The society gains a legal status and can enter into contracts, hold property, and sue or be sued in its name.
Tax Benefits: Societies can apply for 12A and 80G certifications to enjoy tax exemptions.
Public Trust: A registered society can easily build credibility and attract donations or grants from the government or foreign sources.
Trust NGO Registration – Step-by-Step Guide
2. rust Registration – Step-by-Step Guide
What is a Trust?
A Trust is an arrangement where property is handed over to a trustee to manage and use for a charitable cause, as per the Indian Trusts Act, 1882.
Documents Required for Trust Registration:
Aadhar Card of the settler and all trustees.
PAN Card of the settler and trustees.
Electricity bill or Address proof of the registered office.
Trust Deed (mandatory).
Two witnesses.
Step-by-Step Process:
1. Choose a Name for the Trust:
The name must be unique and should not be similar to any other trust.
2. Draft the Trust Deed:
The Trust Deed is a legal document that specifies the objectives, rights, and duties of the trustees and settler.
3. Decide Settler and Trustees:
A Trust requires at least one Settler (the founder) and two trustees.
4. Submit the Trust Deed:
The Trust Deed, along with the documents of the trustees and the settler, should be submitted to the sub-registrar.
5. Registration with Registrar:
The registrar verifies all documents and registers the trust after collecting the registration fee.
6. Get the Trust Registration Certificate:
Once verified, the Certificate of Registration is issued.
Detailed Explanation of Trust Registration
Step-by-Step Breakdown:
1. Choosing the Trust’s Name:
The name must be unique and should not resemble any other trust or legal entity.
Avoid names that may create confusion or appear similar to an existing organization.
2. Drafting the Trust Deed:
Trust Deed is the most crucial document in a trust. It defines:
The purpose of the trust (charitable, educational, etc.).
The Settler: The person creating the trust.
The Trustees: The individuals responsible for managing the trust.
The Beneficiaries: The people or causes benefiting from the trust.
The procedure for adding or removing trustees.
Powers and responsibilities of the trustees.
3. Role of Settler and Trustees:
Settler: The person who creates the trust and donates the initial corpus (funds or property) to start the trust.
Trustees: There should be at least two trustees, responsible for managing the trust’s operations in line with its objectives.
4. Documentation Required:
Identity Proofs: Aadhar Card, PAN Card of the settler and trustees.
Address Proofs: Electricity bill or rental agreement of the registered office.
Witnesses: At least two witnesses are required to sign the Trust Deed in front of a notary.
5. Registering the Trust Deed:
The signed Trust Deed, along with the settler and trustees’ documents, must be presented to the Sub-Registrar of your local area.
Pay the registration fee as applicable in your state.
6. Get the Trust Registration Certificate:
After verification by the registrar, the trust will be officially registered, and you will receive the Trust Registration Certificate.
Advantages of a Registered Trust:
Tax Exemptions: A registered trust can apply for 12A and 80G certificates for tax exemption.
Flexibility: A trust offers flexibility in its functioning, as it is often run by a smaller group of trustees, ensuring focused decision-making.
Perpetuity: A trust can exist in perpetuity, meaning its assets and objectives can continue even after the death of the trustees.
Section 8 Company Registration – Step-by-Step Guide
3. Section 8 Company Registration – Step-by-Step Guide
What is a Section 8 Company?
A Section 8 Company is a non-profit organization formed for promoting charitable activities like commerce, art, science, education, etc. It is regulated under the Companies Act, 2013.
Documents Required for Section 8 Company Registration:
Aadhar Card of both directors.
PAN Card of both directors.
Bank statement of both directors.
Electricity Bill or Address Proof of the office.
Memorandum of Association (MOA).
Articles of Association (AOA).
DSC (Digital Signature Certificate) for directors.
Director Identification Number (DIN).
NITI Aayog registration (if applying for government grants).
Step-by-Step Process:
1. Choose a Name:
Choose three names and ensure they do not conflict with existing registered companies.
2. Obtain DSC and DIN:
Apply for a Digital Signature Certificate (DSC) for both directors.
Obtain a Director Identification Number (DIN) from the Ministry of Corporate Affairs (MCA).
3. Draft the MOA & AOA:
The MOA defines the objectives and vision of the company.
The AOA outlines the rules and regulations for internal management.
4. Apply for Name Approval:
Submit the names to the MCA for approval under SPICe+ form.
5. File Incorporation Application:
Once the name is approved, file the incorporation form with the Registrar along with the necessary documents.
6. Verification & Issue of Certificate:
After verification, the Certificate of Incorporation will be issued by the Registrar.
7. PAN and TAN for Company:
After incorporation, apply for PAN and TAN of the company.
Which NGO Structure is Best?
Section 8 Company: Best for organizations looking for more credibility and compliance, especially when working with government bodies or getting grants.
Trust: Easier to set up and operate, usually preferred for family-run charities.
Society: Ideal for larger groups working on a specific cause or region.
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This guide provides a clear, step-by-step process for each type of NGO registration, with all necessary documents and steps explained in simple terms to help readers easily understand and take action.
Detailed Explanation of Section 8 Company Registration
Step-by-Step Breakdown:
1. Choosing the Company’s Name:
You need to submit three unique name options for approval. The name should represent the charitable or non-profit nature of the organization.
It must comply with the Company Name Guidelines set by the MCA.
2. Obtaining DSC and DIN:
DSC (Digital Signature Certificate): Both directors need to get a digital signature, which will be used to sign documents electronically.
DIN (Director Identification Number): Each director must apply for a DIN, a unique identification number issued by the Ministry of Corporate Affairs.
3. Drafting the MOA and AOA:
MOA (Memorandum of Association): This document outlines the primary objectives and purpose of the company, such as education, charity, or social work.
AOA (Articles of Association): This document defines the internal rules and regulations, governing the company’s operations and decision-making processes.
4. Filing SPICe+ Form for Name Approval:
Submit the SPICe+ form to the MCA, which includes name reservation, incorporation details, and the registration of PAN and TAN for the company.
Once the name is approved, you can proceed to the incorporation process.
5. Filing the Incorporation Form:
The incorporation form, along with the MOA, AOA, DSC, DIN, and other necessary documents, is submitted to the Registrar of Companies (ROC).
6. Approval and Certificate of Incorporation:
After the Registrar verifies the documents, you will receive the Certificate of Incorporation. This certificate is proof that your Section 8 Company is now a legal entity.
7. Apply for PAN and TAN:
After receiving the incorporation certificate, apply for the company’s PAN (Permanent Account Number) and TAN (Tax Deduction and Collection Account Number).
8. NITI Aayog Registration (Optional):
If the company intends to work with government grants or schemes, it must register with NITI Aayog under the NGO Darpan portal.
Advantages of a Section 8 Company:
High Credibility: A Section 8 company is highly credible, especially when dealing with government grants and corporate partnerships.
Structured Governance: It operates under strict rules, ensuring transparency and proper governance.
Limited Liability: The liability of the members is limited to their share capital.
Which Type of NGO Structure Should You Choose?
1. For Smaller, Family-Run Charities: Trust registration is a simple and flexible choice.
2. For Large Social Causes Involving Public Participation: Society registration is ideal as it allows for more members and collective decision-making.
3. For High Credibility and Government Engagement: Section 8 Company is the best option due to its strict regulatory framework and public trust.
Final Tips for NGO Registration:
Ensure all documentation is complete and accurate to avoid delays.
Choose the structure that aligns with your organization’s size, mission, and future growth plans.
Keep your objectives clear and ensure your documents reflect your long-term goals.
By following this detailed guide, registering your NGO—whether as a society, trust, or Section 8 company—will become an easy and efficient process. This clarity will also help your organization gain trust, recognition, and credibility in the long run.
