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NGO Registration – An Overview

If you are looking to operate your NGO under a legal framework and secure funding with NGO registration, you are at the right place.

Non-Governmental Organizations (NGOs) play a critical role in advocating the cause of society and the underprivileged. However, fostering change involves a legal framework that begins with registration at its core.

NGO Registration is the first step in the journey to make a societal impact through philanthropy. It enables credibility, encourages transparency, and facilitates various benefits, including tax exemptions. NGOs in India can be registered under multiple legal frameworks – Trusts, Societies or Section 8 Companies.

Worried about the paperwork and challenges during NGO registration? Let Canjain experts make the process of NGO registration easy and effortless.

What is an NGO?

An NGO is a non-profit organisation founded by a group of people with a shared goal in philanthropy and social service. An NGO covers a wide gamut of charitable services across art, science, sports, education, research, social welfare, religion, charity, environment, sustainability, etc. An NGO uses all its earnings and funds to fulfil its non-profitable objectives.

Types of NGO Registrations in India

Non-government organizations can be registered through three legal routes. The three significant types of NGO registration in India are as follows:

1- Trust

The process of legally establishing a trust is known as Trust Registration. Trust is one of the three types of non-profit organisations (NPO) created to serve specific causes like healthcare, community development and education. Trust registration is regulated by the Indian Trusts Act, 1882, and legal experts and professionals manage the process.

2-Society

Society registration is the process of founding a society under the Societies Registration Act, 1860. A society is a group of people united by a shared purpose. Societies advocate and promote charity, religion, education, science, literature, and social service.

3-Section 8 Company

Section 8 Company is another type of non-profit organisation registered under Section 8 of the Companies Act, 2013. Section 8 The Company’s goal is to promote commerce, art, science, religion, charity or any other objective for the greater good of society. A Section 8 Company, under no circumstances, functions with the aim of earning profits.

Classifications of NGOs for NGO Registration in India

NGOs are generally organizations that function independently. In India, NGOs can be classified on the basis of their orientation and level of operation for NGO registration in India:

1-    By the Level of Orientation
  • Orientation towards Charity
  • Orientation towards Service
  • Orientation towards Participation
  • Empowering Orientation
2- By the Level of Operation
  • Community-based operations
  • City-Wide operations
  • National NGOs
  • International NGOs

NGO Registration Requirements

The requirements for NGO registration entail processes and documents required for types of NGO registration.

1.Trust Registration

Process

  • Indian Trusts Act, 1882 compliant Trust Deed
  • Appointing trustees and establishing a governing body.
  • Presenting registration documents to the Registrar of Trusts
  • Securing tax exemptions under Section 12A and 80G
Documents Required
  • Address proof – Bank Statement, Utility Bill like Water or Electricity
  • No Objection Certificate (NOC) the from the property owner
  • Passport-size photos of members
  • Identity proof of at least two trustees – Aadhar Card, PAN Card, Passport, Voter ID, Driving License
2.     Society Registration

Process

  • Societies Registration Act, 1860 compliant Memorandum of Association (MoA) and By-laws
  • Establishing a Governing Council
  • Presenting registration documents to the Registrar of Societies
  • Securing tax exemptions under Section 12A and 80G
Documents Required
  • Address proof – Bank Statement, Utility Bill like Water or Electricity
  • No Objection Certificate from the property owner
  • Passport-size photos of members
  • Identity proof of all nine members – Aadhar Card, PAN Card, Passport, Voter ID, Driving License

3. Section 8 Company Registration

Process

  • Companies Act of 2013 compliant Memorandum and Articles of Association
  • Establishing a Board of Directors
  • Presenting registration documents to the Registrar of Companies (ROC)
  • Securing tax exemptions under Section 8(1) and 12A
Documents Required
  • Name of the company for approval
  • Address proof – Bank Statement, Utility Bill like Water or Electricity
  • No Objection Certificate from the property owner
  • Passport-size photos of directors
  • Identity proof of all nine members – Aadhar Card, PAN Card, Voter ID, Passport, Driving License
Trust vs Society vs Section 8 Company under NGO Registration

The tabular representation of the difference between Trust, Society, and Section 8 Company under NGO registration is given below-

CRITERIA

TRUST

SOCIETY

SECTION 8 COMPANY

Legal Framework

Indian Trust Act of 1882

Societies Registration Act, 1860

Companies Act, 2013

Main Objective

Charity

Community Welfare

Promote charity, education, science, art, etc.

Membership

Trustees

Members

Shareholders

Governing Body

Board of Trustees

Governing Council

Board of Directors

Governing Rules

Trust Deed

Memorandum

&

 By-Laws

Memorandum

&

Articles of Association

Registration Authority

Registrar of Trust

Registrar of Societies

Registrar of Companies (ROC)

Tax Exemption

Section 12A & 80G

Section 12A & 80G

Section 8(1) & 12A

What is the Need for NGO Registration in India?

Running an NGO after getting it registered is a smart decision. NGO registration is required for the following reasons:

  1. Establish Credibility for fundraising, donations, collaborations and support.
  2. Facilitate visibility, which in turn paves for its growth through community impact.
  1. Attract volunteers to fund its operations by offering income tax exemptions to donors.
  1. Avail Tax Benefits under the Income Tax Act of 2013, leading to financial sustainability.
  2. Facilitate Asset and Liability Management under the ITR Filing Return Act of 1961 for selling assets and earning interests.
  3. Reduce Tax Obligations under the ITR Act of 2013 via stamp duty exemption.

Laws Applicable to NGO Registration in India

In accordance with the type of NGO registration in India, all NGOs have to abide by the following laws in India:

  1. Trusts – Indian Trusts Act, 1982
  2. Society – Societies Registration Act, 1860
  3. Section 8 Company – Section 8 Companies Act, 2013

What are the Benefits of NGO Registration in India?

NGO registration builds your value and enhances credibility in the eyes of stakeholders. The significant benefits of NGO registration in India are as follows:

  1. Legal Recognition – Validates its existence and boosts its identity as a separate entity from that of its members, strengthening legitimacy for stakeholders.
  2. Financial Assistance & Fundraising – Donations from individual donors and other stakeholders such as corporates and governments made easy, lending legitimacy to the donations received.
  3. Asset Procurement – Facilitates real estate buying, selling and retaining fixed assets.
  4. Ownership Transfer – NGOs registered under the Companies Act of 2013 are legally permitted to transfer ownership or rights to interest accumulated under the Income Tax Act of 1961.
  5. Safeguarding Legal Rights – Adds value to the NGO as a business/corporate entity, boosting operational transparency and giving it a legal right to safeguard the entity’s and trustees’ interests.
  6. Operational Continuation – An NGO functions indefinitely, even in case of its founders’ or trustees’ death or resignation. In India, it shuts down only if there is a court decree or it has declared closure.
  7. Name Protection  Using a name or identity similar to a registered NGO is forbidden. They have the right to safeguard their legal name and protect their identity and brand.
  8. Protection Against Personal Liability Acquiring assets and interests under a registered NGO effectively shields a person from personal events like foreclosure, divorce or bankruptcy.
  9. Bank Account for Stakeholder Confidence- Opening a bank account mandates that an NGO register itself. Stakeholders and donors are more confident and comfortable donating to a corporate account than to a personal account.
  10. Promotes Accountability & Transparency – Considered to have responsible leadership, promote accountability & transparency and share stakeholder confidence. It paves the way for corporate collaborations and donations from governments, individuals, political parties, charities, financial institutions, etc.
  11. Organized Financial Strategy – NGOs offer a tax-free framework as they’re exempted from taxation. It is, therefore, easy to create a financial strategy facilitating tax-free operations.
  12. No Minimum Share Capital Requirement Registered NGOs are exempt from the hassle of minimum share capital requirements to meet their operational needs. Such NGOs can freely fund their operations through donations received.
  13. Access to Credit – Access to securing loans from financial institutions or lenders to fund daily operational needs, manage mortgages, and buy and sell fixed assets and/or lands. Unregistered NGOs find it hard to secure loans from banking institutions.

How to Raise Funds for NGO after NGO Registration?

After successful NGO registration, NGOs can raise funds through different means, such as:

  1. Individual Donors – NGOs can appeal to donors through personal contacts for small individual contributions.
  2. Crowdfunding – NGOs can collect small contributions from a large number of individuals through crowdfunding platforms/portals available online.
  3. Grants – NGOs can apply for grants from government and private organisations, foundations and international organisations that are active in the field of social service.
  4. Corporate Collabs & Partnerships – NGOs can collaborate and partner with professional & corporate organisations that are aligned with their vision and goals.
  5. Fundraisers –   NGOs can organise fundraising events like charity walks, concerts, auctions, or online campaigns to entice donors and generate funds.
  6. Social Media Platforms – NGOs can leverage social media platforms like Facebook, Instagram, Twitter, and LinkedIn to connect with a broad audience and raise awareness about their cause.

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hat are the Eligibility Criteria for NGO Registration?

To start and run a Ngo successfully in India, it’s essential to understand the eligibility criteria first. The eligibility criteria for NGO registration in India are mentioned below-

Age and Nationality of Members

Indian Citizenship- Even though foreigners can be a part of a form of NGO, i.e., societies, some of the members in executive roles must be Indian.

Age- The age of directors or members must be 18. In addition to this, Trustees must be 21+ yrs old in some cases.

Minimum Number of Founding Members

Trust: At least two Trustees are required (A Founder along with one or more members)

Section 8 Company: Minimum 2 directors are required (3 directors for a public company). Directors must be individuals. Besides this, shareholders can be individuals or organizations.

Society: Minimum 7 founding members are required. These founding members can be foreigners or Indian Nationals.

Purpose of the Organization

The purpose of the NGO must revolve around the following aspects-

    • Healthcare
    • Education
    • Poverty Control
    • Promotion of Art, Science, or Social Welfare
    • Environmental Conservation
  1. Registered Address: It’s mandatory for NGOs to have a registered address in India.
  2. Non-profit Motive: NGOs must be functioning with a Non-profit objective to secure NGO registration. Any income generated by the charitable and social welfare activities performed by NGOs must be reinvested for charitable, social, or educational purposes.
  3. Financial Transparency and Audit: Maintaining financial transparency is crucial for NGOs. Also, it’s essential for NGOs to conduct timely audits.
  4. Adhering to Regulatory Requirements: NGOs must comply with regulatory requirements such as the Income Tax Act and FCRA Compliance.
  5. Complying with State-specific Requirements: NGOs must comply with state-specific requirements.

How to Apply for NGO Registration in India?

The NGO registration process is free from complexities and easy to comprehend. The procedure to apply for NGO registration and register NGO in India is explained below-

Step 1

Identify the Type—Based on its goals and objectives, identify the NGO type and choose one of the following: trust, society, or section 8 company.

Step 2

Pick an Exclusive Name  Pick an exclusive name (not similar to any existing NGO) for your NGO reflecting its mission, goals and existence.

Step 3

Draft the Memorandum of Association (MoA) & Articles of Association (AoA)

Draft the MoA and AoA outlining its goals, guidelines, regulations and policies to govern its operations and management. File form DIR-3 with ROC to obtain DIN.

Step 4

Form the Governing Body- Form a governing body or managing committee consisting of people responsible for the organization’s operations and decision-making processes.

Step 5

Furnish a Registered Office Address  Furnish a registered office address for official communication and delivery of legal documents and paperwork.

Step 6

Compile Necessary Documentation – Compile important documents, including identity proofs, address proofs, and photographs of all members of the governing council.

Step 7

Submit the Registration Application –Submit the registration application with attached documents, to the relevant authority depending on the type of the NGO – Registrar of Societies, Registrar of Trusts, or Registrar of Companies.

Step 8

Review and Approval: The registration authority will assess the application and all supporting documents. You may be asked to provide additional information or clarification, depending on the review.

Step 9

Acquire the Registration Certificate—After successfully reviewing the application and supporting documents, the registration authority will issue a certificate validating the NGO’s legal status.

Step 10

Request for Tax Exemptions – Once the registration certificate is acquired, the NGO is eligible to apply for tax exemptions under the Income Tax Act. However, it must have obtained certifications such as 12A and 80G prior to the steps mentioned above.

Step 11

Adhere to Compliance and Reporting: Compliance with legal requirements is a must, and it includes filing yearly returns, maintaining accounts, and presenting audited financial statements.

What is the NGO Registration Fees?

The registration fees for NGOs depends on the following factors:

  1. Type of the NGO registered – Trust, Society or Section 8 Company.
  2. Country in, which the NGO is being registered
  3. Requirements of the governing body
  4. Additional expenses incurred due to – documentation, legal compliance, administrative charges and regulatory requirements

The break-up of the total amount is as follows:

NGO Registration Service

Registration Fees

  Digital Signature Certificate Fees

INR 2000

  Government Fees (Stamp Duty)

INR 1,500

  Professional Fees

INR 3,799

  Total Cost

INR 7,299

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