NGOs could be registered in India under these laws:
- Trust under the Indian Trusts Act, 1882.
- Society under societies Registration Act 1860.
- Section 8 Company under Companies Act, 2013.
The Advantages of NGO Registration
NGOs may receive donations from foreign countries or from the government or corporations to do their social work for the society.
NGO can apply for 12A and 80G registration right after its registration. Registering itself under 12A makes the NGO tax exempt, which means the NGO doesn’t have to pay any tax. The benefits of 80G registration basically include that the donor gets a tax exemption of 50% on donating any amount to that NGO.
NGO Registration in India can be done under:
One way to register an NGO is to incorporate it as a trust. Entities to be registered as trusts as per the NGO registration process are generally those that do work related to poverty alleviation, providing education as well as providing medicinal relief. Trust organizations are immutable. This basically means that these entities cannot be terminated or changed unless such actions are approved by the beneficiary.
Societies are also recognized as member-based organizations that work for charitable purposes. These organizations are almost always run under the authority of a governing body or a management committee. Unlike trusts, societies come under the jurisdiction of Indian law, namely the Societies Registration Act, 1860.
Section 8 companies
A Section 8 company is primarily a limited liability entity formed with the objective of social welfare and cannot earn any profit.
These institutions are established to promote science, art, commerce, charity, religion, or any other contribution to the good of society.
NGO Registration in Delhi
Before a registered deed is delivered towards an NGO, certain documents are required to be submitted.
For the trust registration, the documents required are:
- A bill of electricity or water bill specifying the address that requires to be registered.
- The identity proof of a minimum of two members of the corporation. The proof could be:
- Voter ID
- Driving License
- Aadhaar Card
Online registration under Indian Trust Act – 1882 takes approximately 8 to 10 days to complete. The first deed becomes valid throughout the country; The settlor is required to make a presentation at the Registrar’s office.
Note: On the date fixed for registration, the author of the trust will be present at the registration office for registration society registration.
For Society Registration, the documents required are:
- Name of the society.
- Office address proof.
- Identity proof of all the nine members which can be:
- driving license
- copy of passport
- Voter ID Card
- Aadhar card
- Two copies of the Memorandum of Association as well as the Bye-laws of the society.
Note: It takes 8 to 10 days to draft MoA and Bye Laws of the Society. After this it takes 21 to 30 days to get the society registered.
Section 8 Company:
For Section 8 Company Registration, the documents required are:
- Name of the company for approval.
- Office address proof. It can be an electricity or water bill or house tax receipt.
- Identity proof of all the directors who may be:
- driving license.
- Copy of passport.
- Voter ID card.
- Aadhar card.
- Memorandum of Association and Articles of Association of the Corporation.
Trust Registration Process
To register a trust, the organization needs to comply with the Indian Trust Act of 1882. As per the Act, there are certain prerequisites for the organization to be ready to form a trust. Prerequisites are:
- Name for the trust.
- Registered address dedicated to the trust.
- Objectives/Objectives of the Trust.
- A settlor of the trust.
- 2 dedicated trustees of the trust.
- Property (movable or immovable) of the trust.
- Once you have the prerequisites ready, you will need to create a trust deed. To create a Trust deed, the following will need to be submitted:
- The deed should be made on a stamp paper of a certain value.
- Passport size photograph and identity proof of the vendor.
- Passport size photographs and identity proof of two trustees.
- Passport size photographs and identity proof of two witnesses.
- Signature of the seller on all the pages of the deed.
Society Registration Process
The process of Non-Government Organization registration as a society in India is administered under the rules of the Societies Registration Act of 1860. Registration/Formation of a Society NGO in India requires two major things.
- memorandum of Association.
- Regulations and Rules of the Society.
- There are 5 sections of the Memorandum of Society to be filled in order to make the memorandum:
- Name Clause
- domicile clause
- commodity segment
- Liability clause
- capital segment
- Membership Section
Section 8 Company Registration procedure
Registration of an NGO under the section 8 company registration process is like any other corporation registration process in India. It requires the directors, their digital signature certificates along with the MOA and AOA (Articles of Association).
NGO registration form in delhi
The forms for Non-Government Organization registration are;
- Form INC 1: NGO Name Registration
- Form INC 7: Incorporation of Firm Application
- Form INC 8: Declaration
- Form INC 9: Affidavit from each director and subscriber
- Form INC 12: Form to be submitted for obtaining license to run NGO
- Form INC 13: MOA; INC-15 is declaration for MOA through each client
- Form INC 14: Declaration from a professional Chartered Accountant
- Form INC 15: Declaration of each person applying
- Form INC 16: License to Incorporate as Section 8 Company
- Form INC 22: Registered Address Details
- Form DIR 2: Consent of Directors
- Form DIR3: Application to ROC for obtaining DIN
- Form DIR 12: For appointment of directors of NGO
Consultant for NGO Registration in Delhi
Legaltax are professional technology-driven online and legal services that help clients to simplify the processes of NGO registration in Delhi and any additional legal compliances and services related to it.
What are the Several Types of NGOs?
The 3 Types of Non-Government Organization could be formed,
- A belief
- A society
- A section 8 company as per the Companies Act 2013
When is an NGO eligible for Government funding?
An NGo is eligible for Government funding after 3 years. However, in some special cases, an NGO could get Government funding even after 1 year if its project gets approved
Why do you need NGO Registration?
There are some reasons to select an NGO to get registered in India.
- The most significant one is raising capital from Outsiders, Government Grants, and Donations relating to the welfare as well as the social activities of the Non-Government Organization.
- Secondly issuing a Bank account, one is required to get legal Entity registration certificate issued through Government authority
- By means of registering as an NGO, one receives a lawful status and acknowledgement with the government department
When can an NGO be blacklisted?
In that case if an NGO is not filing its complaints regularly or is utilizing the funds for personal interests, then, in that case, the Non-Government Organization Registration can be canceled.
Legaltax is the highly professional and experienced technology based legal services providing platform that helps the clients to simplify the procedures of all kinds of registration, implementation, tax concerns and any additional legal compliance and services related to the business in India
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