NGO Registration in India

March 9, 2023 ngoresources NGO Registration 0

NGO Registration

Non-Governmental Organizations (NGOs) play an important role in the development of societ
For NGO registration in India, the process is relatively simple. Depending on the type of organization you are looking to register, there are different steps that need to be taken.
In India, there are several different types of registration processes for Non-Governmental Organizations (NGOs). Depending on the type of organization and its purpose, the NGO registration process will vary. NGOs are non-profit organizations that work for the welfare of society and are registered under the Societies Registration Act, 1860 or the Indian Trusts Act, 1882 or Section 8 Company under Companies Registration Act. The registration of an NGO is important for various reasons, including obtaining tax exemptions, credibility, and legal status.

Ngo registration is an important process for organizations that intend to operate as a non-profit, charitable entity in India. It involves registering the organization with the state Government and obtaining an official registration number. The registration process varies from one state to another, but there are certain common aspects to it.
Registration Certificate: Apply for registration with the Registrar of Societies/Trusts or the Registrar of Companies (if registering as a Section 8 Company).

Types of NGO Registration:
Choose type of NGO: Decide on the type of NGO you want to register. NGOs can be registered as a Trust, Society, or Section 8 Company.

1. Trust Registration:
A trust can be registered under the Indian Trusts Act 1882 by filing a declaration form with the registrar of trusts within 30 days of setting up the trust. This type of registration is applicable for religious, educational or charitable purposes only. A trust is established by a group of people or an individual to carry out a specific purpose in a legal framework. A trust is a legal entity created for the purpose of protecting and managing assets for various purposes. Trusts are regulated by The Indian Trust Act, 1882. In order to register a trust in India, one needs to fill out an application form available online or at any local registrar office. Once all the required documents have been submitted and approved, a Trust Deed needs to be prepared and registered with the Sub Registrar Office. The trust deed is the document that outlines the purpose of the trust, its objectives and activities, as well as other details about its governance

2. Society Registration:
Societies are non-profit organizations created for charitable or public welfare activities. Societies are voluntary associations formed for non-profit purposes and can be formed by seven or more persons. Societies must register with their local Registrar of Societies in order to be legally recognized and have certain rights and privileges granted to them. Societies can be registered under the Societies Registration Act, 1860. This act applies to any association or institution established for literary, scientific or charitable purposes such as education, medical relief and social welfare.In order to register a society in India, one needs to fill out an application form available online or at any local registrar office. The application will include details such as society name, place of registration, objectives of the society etc. After submitting the application form along with other necessary documents such as ID proof of members and address proof, a Certificate of Incorporation will be issued by the Registrar Office after verification of documents and payment of registration fee.

3. Non Profit Section 8 Company Registration
A Section 8 Company is a Non-Profit Company incorporated with limited liability and not for profit motive under Companies Act 2013. This type of registration is suitable for those wishing to carry out activities related to science and technology, research and development or promotion of art, charity or other useful objects related to it. In order to register a section 8 company in India, one needs to fill out an application form available online or at any local registrar office. Along with this application form certain additional documents such as memorandum of association (MOA), articles of association (AOA) etc also need to be filed along with it in order to get approval from Ministry Of Corporate Affairs (MCA). Once all these documents have been verified and approved by MCA, Certificate Of Incorporation will be issued by them within 21 days from date of submission.
These companies may be limited by shares or guarantee and must have a minimum paid-up capital of Rs 1 lakh. This type of company will typically be used for charitable purposes such as promoting art, culture, science etc.
Address Proof: Provide address proof of the registered office of the NGO.

Required Documents For Registration in India

For registering a Non-Profit Organization in India one needs following documents to be submitted while registering an NGO in India:

  • Documents ID proof such as proof of address– Aadhar Card/Voter ID/Driving License;
  • PAN Cards of members;
  • Proof of address – Electricity bill/telephone bill/mobile bill (not more than 2 months old);
  • Name of the NGO: Choose a unique name for your NGO. Ensure that the name is not similar to an existing name and does not violate any laws;
  • Board of Trustees/Members: Appoint a board of trustees/members to manage the affairs of the NGO.
  • Memorandum of Association (MOA): Prepare a Memorandum of Association that outlines the objectives and activities of your NGO.
  • Articles of Association (AOA): Prepare Articles of Association that outlines the rules and regulations of your NGO.
  • Affidavit on stamp paper (not more than 6 months old);
  • Copy of renting agreement (for rented property);
  • Resolution passed by the Board Members;
  • No Objection Certificate from owner (if property is owned by someone else).
  • Additionally, it is important to note that all these documents must be notarized before submission.
  • Bank Account: After Registration Open a bank account in the name of the NGO.

Once all these documents have been submitted and approved by the Registrar of Firms or Companies, an official registration certificate will be issued along with a registration number which must be displayed on all communication materials and publications produced by the NGO in compliance with Section 12A of Income Tax Act 1961 which grants tax exemption status for NGOs registered under this section subject to certain conditions being met each year.
In conclusion, registering an NGO in India is a crucial step towards contributing to the development of society. By following the above steps, you can successfully register your NGO and work towards achieving your objectives.