NGO stands for Non-government organizations which are formed to support the underprivileged sections of the society and help in the management of different issues such as social, cultural, legal, and environmental, art, science etc. There is no intervention from government in the functioning of these NGOs. People voluntarily give their name to contribute to the functioning of the NGO. In this blog we will discuss about the NGO registration.

Topics covered under this blog:

• What are the types of NGO registration?
• What is the process of NGO registration in the form of trust?
• What is the process of NGO registration in the form of society?
• What is the process of NGO registration in the form of section 8 company?

What are the types of NGO registration?

In India, NGO registration can be done in three ways. The Indian Trusts Act, 1882, Society Registration Act, 1860 and companies Act, 2013 governs the NGO in the form of Trust, society and Section 8 Company respectively.

Further, we will look into the procedure of forming these NGOs-

What is the process of NGO registration in the form of trust?

For NGO registration in the form of trust you need to clarify the following-

• Purpose of creating a trust
• Idea behind the trust
• Beneficiary details
• Properties of the trust assigned by the assignee

Further below mentioned steps will be carried out for NGO registration:

• STEP1: Naming an NGO

The first step is to come up with the name for your NGO

• STEP2: List of members of the trust 

You need to specify, who will be the settler, trustees (at least 2) and beneficiaries for your NGO.

• STEP3: Memorandum of Association (MoA)

You have to frame a Memorandum of Association (MoA) and trust deed which must include all the key provisions and clauses. Trust deed is executed on the stamp paper that should be of value in accordance with the laws prescribed by the government.

• STEP4: Submission of signed deed

All the trustees and settler has to sign the trust deed, and register it with the local registrar of the area, where the NGO will be functional.

What is the process of NGO registration in the form of society?

 There are certain steps that need to be followed for the NGO registration in the form of society-

• STEP1: Naming the Society 

The first step is to select the name for your NGO.

• STEP2: Formation of Governing Body

You need to decide upon the governing body of the proposed trust.

• STEP3: Memorandum of Association (MoA)

Then you are required to make the memorandum of Association and by-laws of the proposed society. It consists of all the rules and regulations in relation to the registration and operation of the Society.

• STEP4: Submitting Documents

At last, you just need to submit the MoA (Memorandum of Association), documents regarding the rules and regulations of an NGO, and other registration documents.

You have to submit all these documents with the registrar of the state, where the proposed NGO will be operating.

What is the process of NGO registration in the form of section 8 company?

Below are the steps to be followed for the NGO registration in the form of section 8 company registration-

• STEP1: Obtaining the Digital signatures

The first step is to obtain the digital signatures for all the proposed directors of the company. These digital signatures will be required to sign the application of incorporation and few other related documents.

• STEP2: Naming the Section 8 Company

There is a RUN service available on the MCA portal, which you can use for the name approval of the NGO. You will be allowed to propose 2 names for the proposed Company.

• STEP3: SPICE form

This is the main step under which incorporation application is filed in SPICE form along with the necessary documents like MoA (Memorandum of Association), AoA (Article of Association) of the company. If the proposed directors of the company do not posses DIN then they can directly apply for DIN (Director Identification Number) through SPICE form.

• STEP4: Form INC-12

You need to submit an online application in Form INC-12 to the respective ROC to get the license issued.

• STEP5: Formation of an NGO

After the proper inspection of the application of registration by ROC, License will be issued; along with the Company’s PAN&TAN number.

Hope you have a clearer picture regarding the NGO formation in India.

For more information please contact Enterslice.

Source url – http://enterslice.blogrip.com/2019/01/07/what-are-the-options-for-ngo-registration/

You must have seen the ads or heard about NGOs in India. NGO basically stands for Non-profit organizations. The purpose of setting up an NGO is to promote and support the underprivileged section of the societies which include issues such as social, cultural, legal, environment, art, science etc. These NGOs are operated on a voluntary basis by the citizens, with no interference from the side of the state or central government.

Further, we will discuss the NGO registration types in India, how to register them etc.

Different modes of NGO registration in India

All the NGOs we see are registered under different acts and follow the rules and regulations accordingly.

There are three modes of registering the NGO in India-

• NGO registration in the form of trust (Regulated by The Indian Trusts Act, 1882)
• NGO registration in the form Society (Regulated by the Society Registration Act, 1860)
• NGO registration in the form of Section 8 Company (Regulated by the Companies Act, 2013)

Let’s take a look at the different NGO registration process one by one.

How do we register the NGO as a Trust?

For trust registration in India, you need to follow the steps mentioned below-

STEP1- Choosing a name

The first step is to choose the name for an NGO

STEP2- Deciding settlor, trustees etc

The second step is to determine the settlor, at least 2 trustees and clearly mentioning the beneficiaries

STEP3- MOA, by laws, trust deed

You need to draft a MOA, by laws and execute the proper trust deed, specifying all the key provisions and clauses.

STEP4- signing the deed

The trust deed must be signed by all the trustees and settlor. And it must be registered with the local registrar of the area, where the office is located.

How do we register the NGO as a Society?

If you want to register your NGO in the form of Society, then you have to follow the below mentioned steps for society registration -

STEP1- Choosing a Name

The initial step is to come up with an apt name for your NGO

STEP2-Governing body

The second step is to decide upon the governing body of the proposed trust

STEP3-MOA, by-laws

In this step, you need to draft the MOA (memorandum of association) and by-laws of the proposed society, specifying all the rules and regulations regarding the operation of NGO.

STEP4-Submission of documents

Once you are done with the preparation of the documents, you have to submit these forms with the registrar of the society of state, where the NGO will be functioning.

How do we register the NGO as Section 8 Company?

Forming an NGO in the form of section 8 company requires you to follow a really simple procedure. Below is the step by step process of section 8 Company registration-

STEP1- Digital signatures

You need to obtain the digital signatures for all the proposed signatories. As these will be required to sign the application of NGO registration and other forms as well

STEP2- Choosing a name

For this, you can propose two names that must not resemble any of the already existing registered names. There is a RUN service available on the web portal of MCA, which can be used for this.

STEP2- SPICE form

The second step is to draft the AOA (Article of Association), MOA (Memorandum of association) and other required declarations.

Along with this, you need to file the INC12 form with ROC for the issuance of the license.

STEP3- Certificate of Incorporation

Once you have submitted the application of registration, it will be thoroughly inspected by the authority. And the certification of Incorporation will be issued on approval.

Source url - https://www.youpals.com/blogs/3450/19946/explain-in-detail-ngo-registration-types-in-india

By structure, NGO registration can be of three types:

• Trust;
• Society;
• Section 8.

But in this blog, we will study the simple steps involved in the NGO registration under Section 8 Company. But before we leap on that, let's first understand the meaning of NGO and Section 8 Company.

What is NGO?

NGO is abbreviated as Non-Governmental Organizations and isn't a part of the government. Typically, an NGO is independent of government and self-governing body. It is also known as a Non-Profit Organization. Generally, the prime business of an NGO is to provide support to an underprivileged section of the society and the work for the advancement of different issues like social, educational, legal, cultural, environmental, and more.

Meaning of Section 8 Company

A Section 8 Company is a company registered under Section 8 of Indian Companies Act, 2013 (or old Section 25(1) (a) & (b) of the Indian Companies Act, 1956, a section-25). Mainly, these companies have the principal objective of encouraging healthcare, social welfare, religion, art, commerce, science, sports, safety, research, charity, protection of the environment, and more.

Generally, the name of Section 8 Companies ends with words like Institution, Foundation, Association, Federation, etc.

Steps for NGO Registration under Section 8 Company in India

Step1: Procure DSC to sign documents

It is quite imperative for the applicant to obtain DSC (Digital Signature Certificate). Digital Signature is required to sign documents or incorporation form while filing e-forms on MCA portal. Also, a digital signature is one of the most secure and authentic ways of submitting documents online.

Documents required for obtaining DSC for directors are as follows:

• A copy of PAN card
• Driving license/Passport/Aadhaar Card/Voters’ Identity Card
• Duly filled and signed Digital Signature Form

Step2: Application for name approval

The ROC (Registrar of Companies) will approve the name of the proposed company. One can obtain the approval from ROC through an application submission in RUN. The maximum of two names can be submitted in order of their preference. Name approval will take 1-2 working days.

Step3: Filing an application for License under Section 8

The next step to NGO registration under Section 8 Company registration is to get a license under Section-8. For this, the applicant is supposed to file constitutional documents, MOA (Memorandum of Association) and (AOA) Articles of Association, as a draft with ROC with necessary documents in Form INC 12 which will issue the company license under Section-8.

Step4: Incorporation Application with ROC

As we know that every proposed director in a company must possess DIN (Director Identification Number), for fresh DIN no separate application form is required to be filed and one can directly apply for DIN in the incorporation form.  Prior to this, a separate application form was required to be filed with ROC for obtaining DIN.

After filing of Form INC-12, one needs to file an incorporation form (SPICE) with ROC. After uploading and payment of required stamp duty and government fee, the incorporation form would be accessible to ROC. The ROC will check the form and if everything is correct including the name of the company, the ROC will approve the company.

After the approval of ROC, the applicant will receive the certificate of incorporation of the company and the NGO registration under Section-8 will be done. Along with, the applicant will also get the PAN and TAN of the company.

Source url - http://enterslice.olanola.com/blog/43456406026/How-to-apply-for-NGO-Registration

Non-Government Organizations, NGO are those entities which work for charitable purposes without an aim for any profits for self. In India, NGOs can be registered as any of the following:

• Trust under Indian Trusts Act, 1882

• 
  
  2. Society under Societies Registration Act 1860
  3. Section 8 Company under Companies Act, 2013

An NGO can be formed as a Public Trust (charitable trust) for the benefit of the general public with a specific objective that can be related to education, health, sanitation, eradication of poverty etc.  It is different from the formation of a Private Trust where a particular group of individuals, a family or a specific class of people becomes the beneficiaries to the trust.

What are the guidelines for a Trust Registration?

•  “Any person who is competent to contract under the applicable laws or has the power to transfer the property that is transferable can create a trust.” A Trust like all the organizations is required to be registered. Trust Registration is a fairly easy process.
• Before starting the process of NGO Registration, few details are required  to be in place:
• Name for the trust
• A Registered Address for the trust
• Objects of the trust which must be for the good of the public at large.
• Two trustees of the trust
• One settler of the trust
• Property of the trust which may be movable or immovable.
• Funds that shall be accepted: donations, grants, contributions etc
• Next step is to draft a Trust Deed which shall mention the details as discussed above. Apart from those, the Trust deed shall also mention following
• Powers with the trustees.
• Bank details of the Trust
• The procedure in event of dissolution/ winding up
• May provide for the procedure of amalgamation with another NGO
• A clause for Accounts and Audits of the Trust

The Trust Deed must be printed on stamp paper of requisite value as per the State.

The Trust Deed must be accompanied by one (1) passport size photograph & a copy of identity proof of each of the trustees, settler and the witnesses.

• The Trust deed shall then be registered in accordance with the Indian Trust Act of 1882 with the local registrar of the state. Along with the Trust Deed, two (2) copies of the Trust Deed signed by the settler on all the pages have to be submitted.
  For the registration, the trustees, settler and the witnesses must be present at the Registrar office along with their identity proof in the original.
• The registrar shall scrutinize the documents, the deed for all the required details and all the documents. Upon his satisfaction, the Registrar shall enter the details in the official record, keep one copy of the trust deed for the record and return the original Trust deed to the applicants.
• The Trust Registration Process is now complete and the Public Trust can now be operated in accordance with the Trust Act. The Public Trust is now ready to be operating as a Non-Governmental Organization for charitable purposes.

Source url - http://enterslice.olanola.com/blog/43368246933/What-is-the-procedure-for-trust-registration

NGO Registration and its purpose

As we can figure out from the name itself, a Non Government Organization is established independent of any kind of government or state authorities. They work independently for the benefit of society in general. Their main objective is to contribute to society in any way including education, trade, art, culture, skill development or any other social welfare activity.

NGOs do not operate with profit earning motive, their main objective is to support the under privileged, social welfare etc.  This is the reason they are also known as non profit organizations.

Ways to Register a Non Profit Organization

In India if anyone is willing to set up a nonprofit organization, then they can do so legally in three different ways. Following are the ways to incorporate a NGO:

• Trust under Indian Trusts Act, 1882
• Society under Societies Registration Act, 1860
• Section 8 company under Companies Act, 2013

Anyone willing to establish a NGO can choose the legal status of their NGO registration from the above mentioned three choices depending upon the following factors:

• Level of operation
• Structure of organization
• Purpose of Operation etc.

All the three set-up including Trust, Society and Section 8 company are legally recognized under different Acts and have different features and benefits.

Key Features of Trust, Society and Section 8 Company

• TRUST 

A Public Trust can be registered under the Act with charitable purpose as a NGO. Such trust registration can be involved in welfare services relating to healthcare, education, upliftment of under privileged etc.

Features

• No prior name approval requirement in case of Trust
• Trust are regulated by respective state Acts. If no set State Act is there then Indian Trusts Act 1882 of center will regulate it.
• Minimum one settler and 2 trustees are required.
• No provision is available to dissolve registered trusts.
• SOCIETY

Societies are membership based organizations. Societies with Charitable objects can be incorporated with a view to promote science, arts, literature or any other kind of charitable non-profit objective.

In order to register a society, its rules and regulations must be listed out in organizations memorandum of association.

Features

• Prior name approval is not required. However the applicant must make sure that no Society is already registered with same name in concerned jurisdiction.
• Societies are regulated by Societies Registration Act 1860. Many states interpret it in different ways.
• At least 7 members are required to incorporate a society. However, if it is a national level society then 8 members will be required from different states.
• The members also have an option to dissolve the registered society.
• Section 8 Company

Anyone can incorporate a company with charitable objects under Section 8 of Companies Act, 2013. Their main object must be like any other nonprofit organization. The basic difference between a private company and a Section 8 company is that, section 8 company is not allowed to pay any dividend to its promoters and all the profits are utilized for furtherance of its main objects.

Features

• Prior name approval is mandatory; an application for the same is to be submitted through RUN service.
• They are registered and regulated by Companies Act, 2013.
• Minimum Requirement; 2 promoters and 2 directors. Promoters and Directors can be the same people.

Source url - http://enterslice.over-blog.com/2018/06/how-to-register-an-ngo.html