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Overview

NGO is an organisation established independently of the government. Commonly known as a non-governmental organisation (NGO) they work towards the promotion of arts, science, sports, education, research, social welfare, religion, charity, and more. NGOs in India are registered under the Companies Act of 2013, the Trust Act of 1882, or the Society Registrations Act of 1860. An NGO is registered under the Companies Act of 2013 as a Section 8 Company and is distinct from a trust or society primarily because it is registered with the Ministry of Corporate Affairs (MCA).

In India, registering an NGO is a reasonably easy process. First things first: decide on a name for your non-governmental organisation and confirm that it hasn't already been registered with the Registrar of Societies. Post submission, your application will be examined by the appropriate authorities, who will grant approval for NGO registration if they deem it to be sufficient.

NGO Registration in Puducherry

Puducherry, situated on the Coromandel Coast of the Bay of Bengal, boasts a robust agricultural sector. With 90% of the land dedicated to farming, it cultivates staple crops like rice, bajra, ragi, and pulses, along with cash crops such as cotton, sugarcane, and groundnuts.

Once a French colony, Puducherry showcases a strong French cultural influence. It is strategically located between Chennai and Tuticorin, with a minor port. The region is blessed with rivers like Pennaiyar and Gingee, and a lighthouse has been earmarked for development as part of the Lighthouse Tourism initiative. Puducherry's economy thrives on tourism and agriculture, with over 35% of the population relying on agricultural activities. In 2018, the region welcomed approximately 1.8 million tourists.

NGO Registration in Puducherry - Features

NGOs voluntarily carry out their societal welfare objectives and maintain a separate and independent existence from government bodies. However, they may choose to collaborate closely with government entities to support objectives that align with their own goals.

NGOs have the flexibility to pursue various social, moral, religious, or political objectives, which may include one or more of the following:

  • Protection of human rights
  • Advancement of subjects such as sports, science, arts, or research
  • Support for human health and related facilities
  • Promotion of gender equality and prevention of rights violations
  • Prevention of women's abuse and empowerment
  • Assistance in child education and employment, among others.

By legally registering as an NGO in Puducherry (Pondicherry), the organisation attains legal personhood in the eyes of the law. This status provides several advantages, including better exposure, tax exemptions, and the opportunity to receive donations and aid from government and business entities. Registered NGOs are also less susceptible to corrupt practices, such as fund diversion. They bear a higher sense of responsibility to fulfil their objectives within the designated area and expand their operations to other regions—an opportunity not available to unregistered NGOs.

Types of NGO Registration in India

  • Trust

    Trust registration involves the legal establishment of a trust in India. A trust is a non-profit organisation (NPO) created to support specific causes such as education, healthcare, and community development. The registration process for a trust is governed by the Indian Trusts Act, 1882, and typically requires the assistance of legal experts and professionals.

  • Society

    Society registration involves forming a society under the Societies Registration Act, 1860. A society is a group of individuals united by a common goal or objective. Societies are formed to promote charitable, religious, educational, scientific, literary, or social causes.

  • Section 8 Company

    A Section 8 Company is a non-profit organisation registered under Section 8 of the Companies Act, 2013. This type of company is established with the primary purpose of promoting commerce, art, science, religion, charity, or any other beneficial objective, rather than for profit-making. Section 8 Companies are commonly known as Non-Profit Organisations or Non-Governmental Organisations (NGOs).

Benefits of NGO Registration

NGO registration in Puducherry provides the following benefits:

  • Tax benefits provided to NGOs:

    When an NGO is registered as a Section 8 Company under the Companies Act in Puducherry (Pondicherry), with a non-profit motive, it becomes eligible for various tax benefits. These tax exemptions aim to provide NGOs in Puducherry (Pondicherry) with additional capital to allocate towards their goals and objectives.

  • No Minimum Capital Requirement:

    To encourage the establishment and registration of NGOs in Puducherry (Pondicherry), the government has waived the minimum capital requirement. Unlike other legal entities, anyone can start an NGO with any amount of capital.

  • Limited Liability:

    NGOs registered as legal entities in Puducherry (Pondicherry) enjoy limited liability and have a separate existence from their members. This enables them to hold and sell properties in their own name, and any profits or losses incurred are attributed to the organisation itself rather than its members.

  • Simplified Ownership Transfer:

    NGOs registered as Section 8 companies under the Companies Act 2013 are relieved from restrictions on the transferability of ownership rights. This facilitates easier liquidity for members when they require funds.

  • Stamp Duty Exemptions:

    NGOs registered as Section 8 companies with a non-profit motive are exempted from paying stamp duty. This exemption helps them save funds for charitable objectives or allocate more resources for the organisation's day-to-day functioning.

  • Perpetual Succession:

    As a legal entity, an NGO enjoys the benefit of perpetual succession. This means that while its members may change over time, the organisation will continue to exist unless it is dissolved under the provisions of the law.

Eligibility Criteria for NGO Registration in Puducherry

The following NGO registration requirements in Puducherry have to be met in order to legally establish an NGO:

  • Private Limited Company (PLC): Requires a minimum of two (2) directors.
  • Public Limited Company: Requires a minimum of three (3) directors.
  • Private Limited Company: Allows a maximum of 200 members.
  • Public Limited Company: There is no member cap imposed.

Documents Needed for NGO Registration in Puducherry

The following NGO registration documents in Puducherry are required for easy registration.

  • Memorandum of Association (MOA)
  • Articles of Association (AOA)
  • Proposed name of the company for approval
  • Aadhar Card
  • Voter ID
  • Copy of passport
  • Driving license or identity proof of all directors
  • Office address proof, such as water bill, electricity bill, or tax receipt

Process of NGO Registration in Puducherry

Vakilsearch provides an easy NGO registration process Puducherry of 4 steps. Our experts make sure that all the process is handled on time without any delays:

  • Step 1: Consult an Expert

    Speak with our experts and address all your queries and schedule an appointment.

  • Step 2: Select a Unique Name

    Our team will Check MCA website for name availability and help you choose and register an exclusive name for your NGO.

  • Step 3: Prepare and Submit Documents

    Provide all the required documents, including notarised MoA, AoA, TAN, and PAN. We will submit them to the Registrar of Societies on your behalf.

  • Step 4: Receive Registration Certificate

    After document verification, the Registrar issues a registration certificate, marking the completion of NGO registration.

  • Note: Our team will make sure to kickstart the NGO registration online process and provide you with all insights required for the same. Make sure to provide all the documents required for the process. Also vakilsearch

Fees and Charges for NGO Registration in Puducherry

The NGO registration fees in Puducherry vary and typically encompass consultation fees for professional advice, NGO registration form processing, and reviewing documents. Additional costs may include expenses related to preparing essential documents, such as the Memorandum of Association (MoA) and Articles of Association (AoA), along with notarization and document submission fees. Some jurisdictions may also impose fees for reserving and verifying the uniqueness of the NGO's chosen name. Registrar charges and expenses associated with obtaining a Tax Deduction and Collection Account Number (TAN) and a Permanent Account Number (PAN) may also apply. For more detailed information get in touch with our experts today.

Time Taken for NGO Registration in Puducherry

Registering an NGO in India takes up precious time, depending on the chosen structure. While Societies might be swiftest, granting registration within 25 days, Trusts can clock in around 20 days. Section 8 companies, offering more structure, require a patient 10-14 day wait. Remember, these are estimates, and unexpected delays are always a possibility. So, for a more accurate answer, get in touch with our experts today.

Why Vakilsearch?

At Vakilsearch, we specialise in providing expert advisory services to assist organisations in selecting the most suitable registration option tailored to their specific needs. Whether you are establishing an NGO, society, or trust, we offer comprehensive consultation to gain a deep understanding of your organisation's objectives and structure. This enables us to determine the optimal approach for registration, ensuring a customised solution.

Throughout the consultation process, we provide guidance to help you complete the necessary paperwork for the online NGO registration form. Our team offers detailed information on the relevant legal rules and procedures, ensuring that you have a clear understanding of the requirements for a successful registration.

Once the consultation phase is complete and all the required documents are gathered, we proceed to the final step of establishing your NGO. Our dedicated support continues throughout the application process, ensuring strict adherence to all legal requirements before submitting the registration application to the appropriate government authority. Our primary objective is to simplify the registration process, making it efficient and hassle-free, while ensuring accurate registration and full compliance with all applicable legal regulations. You can trust us to handle the complexities while you focus on your organisation's mission and goals.

FAQ's on NGO Registration in Puducherry

If you intend to start an NGO as a sole individual, you have the option to do so without formal registration. However, it is important to note that in such cases, it may not be necessary to register the NGO. As you embark on this journey, consider Step 6: Gathering funds for your NGO and establishing a network. Funding can be obtained through avenues such as applying to governmental portals or corporate organisations.
NGOs, being classified as not-for-profit entities and enjoying tax exemptions, have the flexibility to engage in business operations. By creating a well-structured financial plan, NGOs can conduct business activities without incurring tax liabilities.
The formation of an NGO is open to individuals, groups of individuals, or artificial entities such as associations, institutions, limited companies, and even Hindu undivided families led by their karta. Hence, a family can indeed come together to initiate the establishment of an NGO.
Unregistered NGOs are subject to regular tax rates. However, to qualify for tax exemption on donations received, it is essential for the NGO to be registered under Section 12A of the Income Tax Act (1961). This registration ensures that the NGO is exempted from paying taxes on the donations it receives.
Under the Housing Loan Scheme, NGOs/IMOs/VOs have the opportunity to offer loans for the construction of low-cost houses. The maximum loan amount available per beneficiary is ₹ 1,00,000.
NGOs in Puducherry must adhere to local laws, maintain financial transparency, file annual reports, and fulfil their stated objectives. They're obligated to contribute positively to society, manage funds ethically, and keep accurate records to sustain their charitable initiatives.
To renew NGO registration in Puducherry , submit the required documents, like annual reports and financial statements, within the stipulated time frame. Often, this involves paying renewal fees and ensuring compliance with updated regulations, reflecting the NGO's continued commitment to its stated mission.
If an NGO registration in Puducherry expires, it loses its legal standing. This can lead to suspension of activities, withdrawal of government benefits, or difficulty in accessing funds. Renewal after expiry typically incurs penalties or might necessitate reapplication, potentially disrupting ongoing projects.
In Puducherry , the minimum required members to register an NGO vary. Typically, it ranges from three to seven individuals, depending on the specific regulations of the region. The constitution and bylaws of the NGO should outline membership criteria, roles, and responsibilities for clarity during registration.

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