What is an NGO in India?

An NGO in India, or Non-Governmental Organization, is a non-profit entity that operates independently of the government and is dedicated to addressing various social, cultural, economic, or environmental issues.

Should NGOs be registered?

Yes, registering an NGO is advisable. Registration provides legal recognition, enhances access to funding and resources, and ensures transparency and accountability in its activities.

Can a foreign national open an NRE account in India?

Yes, foreign nationals can open an NRE (Non-Resident External) account in India, allowing them to hold foreign income in Indian currency, subject to specific conditions and regulations.

What are the tax benefits for NGOs in India?

NGOs in India can avail tax benefits under sections 12A and 80G of the Income Tax Act, which provide exemptions for earned income and donations received.

Can I register an NGO without a permanent office address?

While some states may allow a temporary address, it's recommended to have a permanent office address for credibility and legal compliance during the registration process.

How can I track the progress of my NGO registration application?

You can track your NGO registration application's progress through the online portal where you submitted it. Regularly check for updates and communication from the concerned authorities.

What is the process to apply for FCRA registration for an NGO?

To apply for FCRA (Foreign Contribution Regulation Act) registration, an NGO needs to submit an application to the Ministry of Home Affairs, Government of India, along with the required documents.

What is an NGO certificate?

An NGO certificate is a document issued by the government or relevant authorities that confirms the registration and legal status of the NGO. It serves as proof of the organisation's existence and allows it to access various benefits and privileges.

How do I register myself as an NGO?

To register an NGO in India, you need to follow these steps: Choose a suitable name for your NGO Draft a Memorandum of Association and Articles of Association that outline your organization's objectives and structure. Obtain a Digital Signature Certificate (DSC) and Director Identification Number (DIN) for the proposed directors. Apply for registration on the Ministry of Corporate Affairs' website using the SPICe+ form. Pay the registration fee and obtain a Certificate of Incorporation (CoI) from the Registrar of Companies (ROC). Apply for a PAN card, TAN card, and registration under the Income Tax Act, 1961.

Where can I register my NGO in Tamil Nadu?

NGOs can be registered in Tamil Nadu under the Societies Registration Act, 1860, the Trust Act, 1882 or the Companies Act, 2013. The registration process for each of these acts is different, and the place of registration also varies.

How can I register my NGO for free in India?

You can register your NGO for free in India by following the steps below: Choose the type of registration Decide the name of your NGO Prepare the Memorandum of Association (MOA) Prepare the Articles of Association (AOA) Gather the required documents Submit the application Wait for approval It is important to note that the registration process for an NGO is not entirely free. While there are no government fees for registration, there may be expenses such as stamp duty, notary fees, and legal fees involved. However, by doing some research, you can find low-cost options for these expenses.

How can I start a small NGO?

Starting a small NGO can be a rewarding experience, but it requires dedication, commitment, and hard work. It is important to note that the process of starting an NGO may vary depending on the laws and regulations of your state or country. It is advisable to seek legal advice and consult with experts in the field before starting your NGO.

Can an NGO run without registration?

No, an NGO cannot legally operate without registration. In India, as per the Foreign Contribution Regulation Act (FCRA), it is mandatory for NGOs to register with the Ministry of Home Affairs before accepting foreign donations. Similarly, the Societies Registration Act, 1860, and the Indian Trusts Act, 1882, require NGOs to register with the respective government bodies in their state or union territory. Registration is important to ensure that the NGO is recognized as a legal entity and can operate without any legal issues. It also helps the NGO to open bank accounts, apply for grants and funds, and carry out other activities.

What are the Laws associated with NGO Registration?

There are several laws and regulations that are associated with NGO registration in India. Some of the major laws include: Indian Trusts Act, 1882 Societies Registration Act, 1860 Companies Act, 2013 Foreign Contribution (Regulation) Act, 2010 Income Tax Act, 1961 Goods and Services Tax (GST) Act It is important to note that different laws apply to different types of NGOs, depending on their structure, objectives, and sources of funding. NGOs must ensure that they comply with all the relevant laws to operate smoothly and avoid legal complications.

Who all can be a member at the time of NGO Registration in India?

Any individual or organization who shares the vision and mission of the NGO can become a member at the time of registration. There is no specific eligibility criteria for membership, and anyone who is interested in contributing towards the cause of the NGO can become a member. However, it is important to note that the number of members required for registration may vary depending on the type of NGO and the state in which it is being registered. Generally, it is recommended to have at least seven members to form a society, and a minimum of two members to form a trust. Additionally, the members must be Indian citizens and above the age of 18 years.

How do you check if an NGO is registered or not?

You can check the registration status of an NGO by searching the NGO's name or registration number in the government's online database of registered NGOs.

No, NGOs cannot distribute any profits to their members. Any profits or income earned by the NGO must be used for the benefit of the society and not for the benefit of its members.

What is an NGO registration certificate?

The NGO registration certificate is a legal document issued by the Registrar of Societies, Registrar of Trusts, or Registrar of Companies, depending on the type of registration, to certify that the NGO has been successfully registered.

What is a unique ID for an NGO?

The unique ID for NGOs is a unique identification number issued by the NITI Aayog (National Institution for Transforming India) after the NGO has successfully registered with the government.

Does NGO have Aadhaar?

Yes, an NGO can have an Aadhaar card as proof of identity.

Can a single person start an NGO?

Yes, a single person can start an NGO as long as they meet the necessary legal requirements and have at least one other person to serve as a member of the governing body.

Is NGO private or public?

An NGO can be either a private or public organisation. Private NGOs are funded by private individuals or organisations, while public NGOs are funded by the government or international organisations.

How can I raise my NGO fund?

yes, only through donations from individuals and organisations, government grants, and corporate social responsibility programs. They can also organise fundraising events and seek support from international funding agencies.

Who funds NGO in India?

NGOs in India can receive funding from a variety of sources, including the government, private individuals and organisations, and international funding agencies such as the United Nations and the World Bank.

Can a single person start an NGO?

No, a single person can start an NGO in India. However, as per the NGO registration process, the person needs to gather a minimum of two members to form a governing body or managing committee for the NGO. This is required to comply with the legal requirements for NGO registration.

NGOs are eligible for tax exemptions under certain conditions. For example, they may be exempt from income tax if their activities fall under the definition of 'charitable purpose' as defined by the Income Tax Act of India. However, this is subject to meeting certain conditions and compliance with tax regulations.

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NGO Acts

Indian Trusts Act, 1882

The Trusts Act typically refers to the "Indian Trusts Act, 1882," which governs the creation, administration, and dissolution of private trusts in India. It provides the legal framework for the functioning of trusts and the rights and duties of trustees and beneficiaries.

Societies Registration Act, 1860

This usually refers to the "Societies Registration Act, 1860," which provides for the registration of societies for various charitable, literary, scientific, or other purposes. It outlines the procedures for registration, management, and dissolution of societies.

Section 8 of Companies Act, 2013

Section 8 under the Companies Act, 2013 pertains to the provision that regulates the incorporation, functioning, and dissolution of companies with charitable objectives in India. These companies, commonly known as Section 8 companies, are formed for promoting various charitable, social, cultural, educational, or environmental causes. They are characterized by restrictions on distributing profits to members and enjoy certain exemptions and privileges under the Companies Act.

NGO Types

Non-governmental organisations like Trusts, Societies, and Section 8 Companies work towards the betterment of our society. You can register your NGO through Vakilsearch and get a certificate in just 14 days.

Section 8

A Section 8 company registered under the Companies Act, 2013 is an organisation functioning with an objective to promote non - profit activities like education, social welfare and environmental preservation.

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Trust Registration

Trust is an entity registered under the Indian Trust Act, 1882. They are created to focus on the development of science, literature and other noble causes.

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Society Registration

A society is an organisation involved in charitable activities like education, art, religion, culture, music, and sports. It is registered under the Societies Registration Act of 1860.

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NGO Structure-wise Comparison

From drafting your deed, registering the NGO and opening a bank account - Vakilsearch provides comprehensive NGO registration services in India.

	Liability	Taxation	Formation	Maintenance
Section 8 Company	Limited liability of members.	Section 8 companies enjoy 100% tax exemption as their profits are utilised for charitable purposes, providing a significant tax advantage.	Has to be registered under Section 8 of the Companies Act of 2013 with a minimum of 2 directors or shareholders.	Submit annual financial statements and reports to the RoC.
Trust registration	Limited liability of members.	For a registered trust to be fully exempt from taxes, it must furnish the certifications required by Section 12A 80G.	A trust has to be registered under the Indian Trust Act of 1882 by submitting a trust deed	Adhere to the rules and regulations outlined in the trust deed and relevant state laws. Maintain accurate records of financial transactions, beneficiaries, and activities.
Society registration	Limited liability of members	For tax exemption a society must get a certificate of completion from the income tax officials for each applicable exclusion, such as Section 12 A, 80G, etc.	It has to be registered under the Societies Registration Act of 1986 with at least 7 members.	Mandatory audit if turnover exceeds a threshold. Partners not personally liable for the LLP's debts.

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E-ANUDAAN

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Gedit Cooperative Society

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NGO, trust and Society compliance

Post Incorporation Compliances

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NGO Compliance

Section 12A and 80G registration, FCRA compliance and ITR filing and DARPAN Registration done.

Trust Compliance

PAN card and ITR filing, Shop and Establishment act registration, Accounting and Bookkeeping support done.

Section 8 Compliance

Auditor Appointment, Filling Financial returns to ROC , Conduct annual general meeting

Society Compliance

GST, Professional tax and ITR filing, Filing documents with registrar of firms, PAN card, Accounting and Bookkeeping support provided.

Grant Service

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e-ANUDAN

Section 12A and 80G registration, FCRA compliance and ITR filing and DARPAN Registration done.

DARPAN

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CSR form 1

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Co-operative and Financial Services

Holistic support for Registration, Documentation, and RBI Compliance

Credit Cooperative Society

Section 12A and 80G registration, FCRA compliance and ITR filing and DARPAN Registration done.

Microfinance

PAN card and ITR filing, Shop and Establishment act registration, Accounting and Bookkeeping support done

Legal and Regulatory Compliance Services

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Filling Form 10BD

Our team will File your statement of donation with Form 10BD to the IT department on time to avoid penalties.

12A and 80G Registration

We will complete 12A and 80G registration and help Avail tax exemptions and get deduction benefits.

FCRA Prior Permission Registration

Don't let foreign funding slip away! Get our expert support for FCRA prior permission registration on time

Why Vakilsearch?

Vakilsearch has a team of experts who can make your NGO registration and post-registration compliance completely hassle-free. You get to directly interact with senior experts and get all your queries resolved. We will file the documentation on the portal in 7 days and get your NGO registration certificate on time. With over 25000+ NGOs and 20,000 trusts since 2011, our team is well versed in every legal update and other bottlenecks in the process that we will mitigate to make the process easy. Not just registration, our team also provides support for ITR filing, accounting and bookkeeping tools, opening of bank accounts, and other legal compliances in one go! Get on call with our experts today and start your registration process.

Frequently Asked Questions

Can an NGO work in multiple states or districts after registration?

Yes, after registration, an NGO can expand its operations to multiple states or districts, with the requirement to inform relevant authorities and comply with specific regulations in each region.

Can an individual register more than one NGO?

Yes, an individual can register more than one NGO, provided they meet legal requirements for each registration and can manage the responsibilities associated with multiple organisations.

How can I change the name of my society?

To change the name of a society in the process of society registration, the following procedure must be followed:Convene a general meeting to discuss the name changePass a resolution on the name change with the approval of the majority of membersSubmit a notice of the name change signed by the secretary and members of the society to the registrar.

How do I convert my company to a Section 8 Company?

Converting an existing company into a Section 8 Company involves the alteration of the company's Memorandum and Articles of Association and obtaining approval from the Registrar of Companies (RoC). You will need to meet the eligibility criteria, prepare the necessary documents, and follow the prescribed procedure as per the Companies Act, 2013.

Is an office required for starting a Section 8 Company?

Yes, a registered office address is required for starting a Section 8 Company in India. You must provide a physical location where official communications can be received.

How Can I Register an NGO Online?

To register an NGO online in India, follow the guidelines provided by the government and use platforms like NGO Darpan to submit your application and required documents.

How is a trust registered?

To register a trust, you typically need to draft a trust deed specifying the trust's objectives, trustees, beneficiaries, and rules. The deed must be signed and executed by the settlor and trustees. It should then be registered with the local Sub-Registrar or the office of the Charity Commissioner, depending on the jurisdiction.

Where can I register my trust in Tamil Nadu?

In Tamil Nadu, you can register your trust with the office of the Inspector General of Registration or with the office of the Charity Commissioner, depending on the nature and purpose of the trust.

Who is eligible for society registration?

Foreigners, Company, Partnership Firm, and Registered Society are eligible for society registration.