NGO or Non Governmental Organization is an organization that is incorporated for non profit or charitable activities to give support to the underprivileged section of the society. It resolves various issues related to social, legal, cultural, child education, environmental, art, science etc. The term “NGO” is used by the government to refer those entities which have no government status and are operated by citizens on voluntary initiatives without any aid from state or central governments.
The need for NGO Registration arises if you wish to establish a non-profit organization and wants to work for the betterment and advancement of any specific section of the society. Registering a NGO gives legal recognition to the entity and makes it more credible in the legal scenario and various other contributors.
In India, an NGO can be registered in following three legal possible ways:
Society Registration as per Societies Registration Act, 1860
Trust Registration under the Indian Trusts Act, 1882
Section 8 Company Registration as per Companies Act, 2013
All the above different categories of NGO are regulated by different act and have many different features.
You can choose any of the above category based on your personal preference and requirement in addition to the diversity and scale of operations. In this article, we will guide and clarify your doubts related to NGO Registration
Advantages of NGO Registration in India
Following advantages make registration of NGO a viable decision:
An NGO which is registered gets a legal status and is accountable to receive funds. For example, when an individual donates some funds to the registered NGO, it is received under the name of the organization and is used only for the activities of such NGO. However, if an unregistered NGO receives any such donation, it can be received under anyone’s name which may be use for their own selfish purpose.
A Registered NGO can seek various tax exemptions from the Income Tax Department
A Registered Organization strengthen the social, ethical and legal norms of our society.
To have a bank account on the name of NGO, it is compulsorily required to get registered as Society, Trust or Section 8 Company.
Documents Requirement and Registration Process for NGO Registration
As an NGO can be registered in different legal forms, hence its document requirement and registration process differs for each type of legal entity:
1(a) Documents for registering NGO as Trust Following documents are required to register NGO as a Trust:
Details of trustees like name, contact information, father’s name, email address, designation etc.
Address proofs of trustees like Voter’s ID, Passport or Driving License etc.
Proof of the registered address like Electricity Bill/Water Bill/Gas Bill etc.
In case of rented property, a notarized rent agreement along with NOC from Landlord is required
(b) Process of Registering NGO as Trust
After arranging all the documents, a draft deed needs to be drafted
You are required to choose a unique name for your NGO and determine the name of settler, 2 trustees and details about beneficiary
After this, MOA and its by-laws needs to be prepared and a proper trust deed needs to be executed on stamp paper of sufficient value.
Finally, the trust deed will be signed by all the trustees and the settlor and will be registered online by requisite fee
On successful payment for registration, it will take around 8-10 days for registering online NGO as trust under Indian Trust Act, 1882
2(a) Documents for registering NGO as Society
Name of the society
Address proof of the office with NOC
List of all the members of the society
Identity proof of all the 9 members like Driving License, Passport or Voter ID etc.
Two copies of MOA ans its by-laws
(b) Process of Registering NGO as Society
First of all, choose a unique name for your NGO
Submit copies of all the desired documents to the Registrar of the Societies of the State Government
After verification of all the documents, an incorporation certificate will be issued
It takes around a month of time to register NGO as Society
3(a) Documents for registering NGO as Section 8 Company The following documents are required to register NGO as Section 8 Company:
The unique name of the company for registration
Registered Office address proof like Electricity Bill or Water Bill or Gas Bill
NOC from the owner of the Registered Office
Identity proof of all the directors like Copy of Passport or Voter ID etc.
PAN Card of all the promoters and directors
It takes about 8 to 10 days for registering NGO as Section 8 Company. For more information, click here.
Register your Section-8 Company ₹ 12,000/- only (Inclusive of all fees)
While registering an NGO, the first essential decision among many is to choose the type of model. Hence, through the below table we have tried to differentiate between the multiple option of NGO Registration. Depending on your orientation, level of operation, structure of the organization, compliance requirements, you can choose one.
Section 8 Company
Trust Act of every state
State provisions of Societies Registration Act
Companies Act, 2013
Number of Members
Minimum – 3 Maximum – 21
Minimum – 7 Maximum – Unlimited
Minimum – 2 Directors/Sharehoders
Memorandum of Association, By-laws, Forms
MOA and AOA
With the Sub- Registrar or the District Registrar of the particular area in which the registered office of the Trust is situated
With the District Registrar where the registered office of the Society is situated
Online Registration on the official website of MCA
Member of Board
Founder of the Trust or Managing Trustees
Management of Property
By Executive Committee Member
In the form of resolution with the consent of the Board of Directors
Revocation/Dissolution or Winding up
Irrevocable in nature. It can be merged with any other trust having a similar objective by the permission of the court
As per By-laws of the Society
As per rules and regulations of Companies Act, 2013
No Annual Filing needs to be done. However, the board of trustee must maintain the proper books and accounts
Annual filing with the Registrar of Society providing list of names, addresses and occupations of its managing committee members
Annual filing of accounts and the Return of the company with the Registrar of Companies
Irrespective of its various forms, NGO helps in aid and development of underprivileged and also helps in encouraging and promoting commerce, science, arts, literature etc. Any profit if earned is utilized for the well being and growth of the society at large. Now, if you are looking to start your own NGO, you need to first decide which type of NGO you wish to establish. Once you decide, you just need to go with your plan and can get your NGO registered with the help of a professional consultant. Legal Window is the leading consultant in Jaipur which helps in providing fastest NGO License. So what are you thinking? Contact Legal Window now or drop us a mail.
CS Urvashi Jain is an associate member of the Institute of Company Secretaries of India. Her expertise, inter-alia, is in regulatory approvals, licenses, registrations for any organization set up in India. She posse’s good exposure to compliance management system, legal due diligence, drafting and vetting of various legal agreements. She has good command in drafting manuals, blogs, guides, interpretations and providing opinions on the different core areas of companies act, intellectual properties and taxation.
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