NGO Registration - How To Register AS NGO- Online Documentation

An NGO can be started under three Acts: Indian Trust Act, Indian Societies Act & Companies Act. At Vakilsearch, we'll help you with the right option and take you through the entire process.

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    We do a full consultation to understand which registration would suit you best.

  • Complete Paperwork

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  • Register Entity

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NGO Registration


An NGO or non-governmental organisation is a not-for-profit entity that does work for the welfare work for the poorer sections of society or toward a particular cause. Their focus may be environmental, human or animal rights, improving health and welfare of children, development work or even raising awareness about a particular cause or activity, such as art.

That said, many NGOs may also be fronts for political or religious interests. Being not-for-profit, these entities cannot pay out any profits as dividends to members; instead, any profit must be reinvested toward the cause. NGOs raise money from donors, who may or may not receive tax breaks on their donations. In India, an NGO can be set up as a trust, section-8 company or a society.

NGO Registration Methods?


Broadly, NGO Registration in India can be done under the following methods:-

Trust

One possible way in which you can register a Non-Government Organisation is by registering it as a trust. This kind of method is used by NGOs who work with eradicating poverty, giving education and providing medical relief. You might want to note that trusts are irrevocable. This means that they cannot change or terminated without the beneficiary's permission.

Although there is no national law that governs trusts, States like Maharashtra and Gujarat have Public Trust Acts to look into the affairs of NGOs.

Societies

Societies can be referred to member-based organizations for charitable purposes. They are run by a governing body or a managing committee.

Unlike with trusts, all societies come under the preview of Indian law. Societies in India come under the Societies Registration Act, 1860.

Section 8 Companies

A Section 8 Company has limited liability and cannot make any profits. It is generally formed for promoting science, art, commerce, charity, religion or any other purpose that is useful to society.

When compared to Societies and Trusts, Section 8 Companies have more benefit in the sense that they have more legal standing and better credibility among government bodies and donors.

NGO Registration Process Under Trust, Society and Company Act


Trust Registration Process

Any person who is competent to contract or has power and property that is transferable can create a trust. Just like any other organization or NGO, a Trust to needs registration. The process for registering a trust is fairly simple.

Before you begin the process of registering a trust, you need to put together the following:
  • A name for the trust
  • Its Registered Address
  • Objects of the trust(charitable or Religious)
  • One settler of the trust
  • Two trustees of the trust
  • Property of the trust-movable or immovable property (To save on stamp duty, an initial amount is given to be the initial property).

  • Next, you will have to follow the procedure mentioned below

Put together a Trust Deed

The Trust Deed should have the following details:-
  • It should be on stamp paper of requisite value.
  • One passport size photograph & a copy of identity proof of the settler.
  • One passport size photograph & a copy of identity proof of the two trustees.
  • One passport size photograph & a copy of identity proof of two witnesses.
  • The Trust Deed should be signed on all pages by the Settler.

Register the Trust Deed

In accordance with the Indian Trust Act of 1882, it is mandatory to register the Trust Deed with the local registrar of a state. Along with the deed, submit xerox copies of the Deed duly signed by the settler on all the pages. While going to register the deed the witnesses and the settler should both be present at the Registrar office along with their identity proof in the original. Once the officer clarifies that all the documents are true, he will give you the registered Trust Deed but will keep a Xerox copy for his/her record.

Once your Trust Deed is registered, you can now run your trust in accordance with the Trust Act.

Societies Registration Process

The registration or constitution of a society is done in two parts:
  • Memorandum of Association
  • Rules and regulations of the society
Memorandum of Association

The MoA includes several clauses such as the name of the society, the address of the registered office, an object for the formation of society and details of the general body.

Rules and Regulations
The rules and regulations again should address the following questions:
  • How is membership and subscription to be obtained to the society?
  • What rules and regulations govern the society and its members?
  • How are meetings to be organised (their frequency, calling for the meeting and so on)?
  • How will the committee or governing body be formed?
  • When will auditors be appointed?
  • How will legal matters be settled?
  • What can be the reasons for dissolution?
The rules and regulations, when formulated, need to be signed and certified by three office bearers of the society (usually the Chairman, President and Vice-president or secretary and the president, as applicable). Both these documents must then be signed by each of the founding members, witnessed by a notary public or chartered accountant with their official stamp and address. Before applying for registration, one needs to ensure the clauses mentioned in both MoA and the rules are discussed and approved by the members. The ‘Object clause’ in the MOA should clearly state the purpose of formation of the society. This clause may be crucial for the inclusion of the society under the Act. Hence, hiring Vakilsearch's experts to work through the clauses on both MoA and rules and regulations may ensure you have what the registrar is looking for approval of societies.

Section 8 Company Registration Process

It is easy to register a Section 8 Company. All you need to do is follow a few easy steps and procedures, we have listed them down below:-
Fill up the Section 8 Form
The first step in registering a Section 8 Company is to fill the Section 8 Form. You need to enter all the details correctly. The next step is to get the DIN and the DCS signature of the directors of the Section 8 Company registered. Once done, you can apply for the name approval of the company. To apply for the name approval, you need to fill the Form No. – INC 1 and submit it to the CRA or MCA. Applicants can give a maximum of 6 names. Once approved, the name of the Section 8 Company is valid for 60 days. Once you get your name approved you need to file the MOA and AOA with the registrar. The subscription pages of both should be signed by each subscriber to the memorandum and they should mention the name, address, description and occupation in the presence of a witness who shall attest the signature and shall likewise sign and add his name, address, description and occupation. Once you get this done, you need to apply for your Certificate of Incorporation and then apply for a company Tan and Pan card. This takes about 10-12 days to complete. Once you get the COI, PAN and TAN cards, your Section 8 Company is successfully registered.

What are the differences between Trust, Society & Section-8 Company Management


Trusts are managed by the trustees, while the society’s functioning is managed by a committee or the managing council. A Section-8 company, on the other hand, has a board of directors. A trust must have at least two trustees, while a society requires seven (in case of a state-level society) and eight (in case of a national level society) committee members. A section-8 company requires two members for a private limited company and seven members to register it as a public limited company.

Law & Jurisdiction

A trust is governed by the Registrar of Trusts. Therefore, the Trust Deed needs only to be registered with it. A society is governed by the Registrar of Societies. Section 8 companies are overseen by the Registrar of Companies as well as the commissioner of the relevant state where they are set up; such a company, therefore, needs to be subjected to an audit each year.

Purpose

While private limited companies can be set up in around two weeks, trusts, societies and section-8 companies attract substantial scrutiny from the bodies that govern them. Therefore, they take longer to be set up. Governing bodies need to be convinced that the entity has a genuine interest in the cause. It takes up to 20 days to register a trust, up to 45 days to register a society and up to 75 days to register a Section-8 company.

Documents Required For NGO Registration


Once you have the documents ready, you are ready to register your society under the Societies Registration Act, 1860. However, ensure that you have all essential documents in hand (other than MOA and rules) for secure processing. The documents needed to be submitted to the Registrar are:
  • A letter requesting registration, signed by founding members. This letter will state the purpose of formation of the society and a requisition indicating that the society is registered under the Act. The signature of all members is mandatory.
  • A certified copy of the MoA, signed by the founding members, with a duplicate.
  • A certified copy of the rules and regulations, signed by the founding members, along with a duplicate copy.
  • A table with the names and address and occupation of all members of the society with their signatures.
  • Minutes of the meeting (general body meeting conducted to set the rules and regulations).
  • Declaration by the president of the society.
  • A sworn affidavit from the President or Secretary, declaring the relationship between the subscribers.
  • Address proof of registered office and no-objection certificate from the landlord.

NGO Registration Form and Purpose


To register a Non-Government Organization or an NGO you need to fill the following forms.

Form INC 1

This form is used to register the name of the NGO, before quoting the name make sure that it is not copyrighted.

Form INC 12

The form is needed to apply for a license to run the NGO. With this form, you need to submit the MOA and the AOA of your NGO. Apart from these documents, an applicant has to state and submit the following.

INC-13 for Memorandum of Association

  • Draft Articles of Association
  • INC-15 for the declaration by each subscriber to MOA that the draft memorandum and articles of association have been drawn up in conformity with the provisions of section 8
  • Estimated statement of Income & Expenditure for the next three years
  • List of proposed Promoters and Directors of the Company

Form INC 7

This form is needed to apply for the incorporation of the NGO. Together with the filled up form, an applicant needs to submit the following documents.

  • Memorandum and articles of the company duly signed by all the subscribers.
  • An affidavit from each of the subscribers and first directors in Form INC 9 that they are not guilty of any offence or misfeasance.
  • Declaration in Form INC 8 that all the requirements of the Companies Act have been complied with.
  • Address of correspondence till the registered office is fixed.
  • Address and Identity proofs of all the subscribers to MOA and first directors of the company.

Form INC 22

You can either fill this form together with the INC 7 or submit it within 30 days after you have submitted the form. This form asks for details of the registered address of the NGO.

Form DIR 12

To appoint Directors for your NGO, you need to fill the DIR 12 form and submit it to the registrar. You have to ensure that form is submitted within 30 days from the date of the appointment of the directors.

VakilSearch Online NGO Registration Package Includes


  • A full consultation to understand which registration would suit you best
  • All the paperwork needed to apply for an NGO registration, we will keep you informed about the entire process and progress.
  • We help you with all the processes and procedures needed for registering your NGO.

FAQs on NGO Registration


Depending on the type of work you want to do, it is best to apply accordingly. For the best solution, contact one of our experts at Vakilsearch for a better understanding as to which registration method suits your NGO the best.
First, you would need to pick a name, then check to see if it is already registered. If the desired name doesn’t exist yet, you can proceed to apply with the Registrar for a Certificate of Incorporation.

The easiest way of registering your Non-Government Organization is by doing it with Vakilsearch. We do all the work for you and you don’t have to bother about the running about for the process.
If you do not want to start an NGO, you have other options by which you can help society. You can start a club, a volunteer service, be part of a local chapter of an already existing NGO and even be a fiscal sponsor.
There are many reasons why it is better to register an NGO. One of the most important ones in funds. As an NGO you will receive funds from various quarters. The money you get from donors has to be put in a bank. To open a bank account under a company or an NGO, you need to have some documents. The registration of an NGO provides you with documents to show that funds are received in the NGO's name.
The answer to this question is yes. Government employees or officers can be part of NGOs provided the NGO is not anti-government. There are a few rules too that these people have to follow, one of them is to make sure that the NGO is not profit making.
Besides having the willingness to work for the welfare of society, legally, there are some procedures to follow, these are:-
  • First, lay down the mission of your NGO, this means what cause you would like to take up.
  • Form a governing body, this body ensure the smooth running of the NGO.
  • Finally, register your NGO with the government authorities. This step can be long and painful. But, for a seamless experience, you can contact Vakilsearch. Our experts will help you at every stage of the registration process.

Why Vakilsearch


20 Working Days

Just tell us a little bit about your business and you'll have the registered trust deed in 20 working days (subject to government approval). It's that simple. In addition to yours, we'll be handling around 400 requests this month.

9.1 Customer Score

We make your interaction with government as smooth as is possible by doing all the paperwork for you. We will also give you absolute clarity on the process to set realistic expectations.

160 Strong Team

Our team of experienced business advisors are a phone call away, should you have any queries about the process. But we'll try to ensure that your doubts are cleared before they even arise.