How To Register NGOs In India? Features, Types & Registration Forms

Ways to Register an NGO in India

If you are planning to start an NGO in India, then there are three ways via which you can register the NGO:

• Trust Organization
• Society Registration
• Section-8 Company

Key features of NGOs in India

• NGOs exist independent of the state.
• NGOs are self-governed by managing body or committee or trustees.
• It produces money for the benefit of others and not for the members.
• NGOs are non-profit making organization.

Types of NGOs

Trust

A trust is registered when a property in the form of land or building is involved. Different states in India have different Trust Acts which govern the trust. In case a state doesn’t have the Trust Act, then the Indian Trust Act, 1882 is applicable.

To register a trust in India, you would be required to submit the following papers:

• Valid Address Proof like electricity bill, water bill, etc.
• ID proof like Aadhaar card, driving licence, passport
• Voter ID

Once you have all the documents, submit the form along with the payment for the registration process. It takes around 8-10 working days for the online process as per The Indian Trust Act, 1882.

Society

As per Section 20 of the Society Registration Act 1860, one can register the following societies:

• Charitable societies
• Societies for promoting science, culture, fine arts, etc.
• Society for the diffusion of political education
• Military orphan fund
• Society for maintenance of libraries

To form a society, you would need at least seven members, there is no limit to the number of members, but the bare minimum numbers is 7.

Following documents are required for the registration of society:

• Name of the society
• Address Proof
• dentity Proof
• Copies of MOA and By-laws of the society

For registration of a society, you need to submit the papers along with payment. Once the paperwork is done, it takes 8-10 days for drafting Memorandum of Association and By-laws of the society. After this, it takes 21-30 days for the completion of the registration process.

Section 8 Company

You can register a non-profit organization as a Section 8 company. The objective is to promote commerce, trade, charity, education, religion, social welfare, sports and research. In case the Company gains the profit, it is again put to use for the promotion of the work for which the company has been established. To form an NGO under Section-8 Company, it must have at least 2 directors (for private limited Company) and three directors (public limited Company).

Following documents are required for a Section 8 company registration:

• The name of the Company for approval
• Address proof of the office that can be electricity or water bill or house tax receipt
• Identity proof of all the directors that can be:
• Driving License
• Copy of Passport
• Voter ID
• Aadhaar card
• The Memorandum of Association and Articles of Association of the Company

What are Pre-Requisites for registration of NGO as Section 8 Company?

• Digital Signature or DSC of the proposed directors
• Get the DIN or Director Identification Number for the proposed directors

NGO Registration Forms

Procedure for the Incorporation of a Section 8 Company

• The first step is to get the DSC
• Apply for DIN; you would be required to submit the following application for DIN:

1.ID proof

2.Address Proof

• After the approval of DIR 3, ROC will assign DIN
• Thereafter, you will be required to fill form INC 1 with the ROC. Here you would be required to apply for the company name. You can propose a total of 6 names.
• Once you get the approval of the name, you need to file INC 12 and apply for the licence of Section 8 company
• With INC 12, you need to attach MOA and AOA, a declaration as per the form INC 14 and INC 15, estimated income and expenditure for the next three years
• After the approval of the form, a license under section 8 is issued in Form INC-16
• Thereafter, you will be required to file SPICE 32 with ROC along with the following documents :

1.Affidavit from all the directors

2.Declaration of deposits

3.KYC of the directors

4.Form DIR-2 along with PAN card and address proof of all the directors

5.Address proof of the office

6.NOC if the premises are leased

7.Draft MOA and AOA

After securitizing all the forms, ROC will approve the request and issues the CIN or Company Identification Number.

How to register an NGO in India?

Registering an NGO in India is quick, easy, and can be done online with Professional Utilities in 3 simple steps:

1.Right Entity Selection – We address all your queries about entity selection and guide you choose the most appropriate one.

<>2.Online Paperwork – We help you get the entire process of filing and registration completed.

3.Registration – We will register the NGO and handle all the formalities (Trust Act, Society Registrations Act or the Companies Act, depending on the entity chosen).

Why Should You Go For Registering An NGO?

Non-profit organizations or NGOs have long been in existence. The term NGO was first coined in 1950 by the United Nations. These have been formed to provide help and support to the underprivileged and those who suffer. Indeed, there are various objectives served by the NGOs. However, they work towards the betterment of society. In India, if you want to start an NGO, then you need to register them. In this article, we will be unfolding why you should register the NGO and what are the benefits of it.

Forming a Non-Governmental Organization

In India, if you want to start NGO, then you can register the same as:

• Trust
• Society
• Section 8 Company

The requirement for registration of the same will vary, but it is mandatory to register the NGO to reap the privileges of the same.

How to form an NGO?

Before you go ahead and form an NGO, it is important to understand what the pre-requisites are for an NGO.

Preparing the Documents

The first step is to prepare the documents that would be required at the time of NGO registration:

1.Name of the organization

2.Address

3.Objective and mission of the NGO

4.Details of the member s of the committee

5.Information about human resource and staffing

What are the different laws governing the NGO registration?

If you are planning to register an NGO, then you must know about the different acts applicable to the same. However, it is important for you to know that there is no uniform law governing the NGOs, but if you register the NGO under Section 8 Company, it is governed by the Companies Act, 2013.

If you establish Trust, then it is managed as per the Public Trust Act, and the Society is governed by Societies Registration Act which is subject to State Amendment.

How to register an NGO in India?

We have already discussed what the pre-requisites are to form an NGO in India. Here is an illustration of the same:

1.Company- If the NGO is registered under Section 8 of the Company’s Act 2013, its objective is to promote science, art, education, sports, and social welfare. A registered NGO under Section 8 Company cannot put limited at the end, and the profit earned is put back to promote the objective of the NGO.

2.Society – An NGO can be registered as Society as per the Society Registration Act 1860. The process of registration is a bit tedious but is more effective in the long run. Section 20 of the Act illustrates that society includes military orphan fund, public museums, maintaining art galleries but, there must be well-defined powers and regulations.

3.Trust –Another way of registering an NGO is in the form of Trust. Trust is a separate legal entity. While like Section 8 companies and societies, Trust is a separate legal entity. After completion of the documentation process, it takes around two days to 1 week to form the trust.

What are the benefits of registering an NGO in India?

One of the first things that you should know is that registering the NGO is a must. There are several benefits for an NGO once you register it formally. Here is a brief overview of the same:

• An NGO gets the recognition of a separate legal entity
• An NGO gets the recognition of a separate legal entity
• Registration of NGO is a step towards applying for 12 AA with Income Tax Department
• NGO registration also gives the leverage of tax exemptions and registration is important for application for 80G and FCRA
• Registering as NGO gives you the credibility to approach prospective donors or institutions
• It differentiates your NGO from the others
• As an NGO, you also establish transparency and accountability
• The government also gives land at a lesser rate for working
• You have the right to bring expertise from outside to attach to your entity
• You can collaborate with different stakeholders
• It makes your NGO recognized in the eyes of people so that you can approach for donations and other help

How to register an NGO in India with Professional Utilities

Registering an NGO in India is quick, easy, and can be done online with Professional Utilities in 3 simple steps:

1.Right Entity Selection – We address all your queries pertaining to entity selection and guide you choose the most appropriate one.

2.Online Paperwork – We help you get the entire process of filing and registration completed.

3.Registration – We will register the NGO and handle all the formalities (Trust Act, Society Registrations Act or the Companies Act, depending on the entity chosen).

3.Bottom Line – As per the data in April 2015, there were a total of 42,000 NGOs with the Financial Intelligence Unit (FIU). However, you can start an NGO if you are planning to help the society and bring a transformation in it. To start an NGO, there is a need for huge commitment and self-motivated individuals. There is a greater need for NGOs in the society to form the establishment which can help the people when in need and spread information for their betterment.