28Jan

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.

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/

15Jan

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.

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

20Dec

What is Society Registration?

A society registration is an act of registering a society under the Society Act, 1860 for the following purposes:

•        Development and promotion of fine arts;

•        Promotion of literature and science;

•        Creating awareness for charitable assistance and military orphan funds;

•        Diffusion of political education;

•        Maintenance or foundation of galleries/ public museum/reading rooms/libraries;

•        Promotion or instruction of useful knowledge.

Simple procedures for Society Registration 

A minimum of 7 persons is required to form a Society. Apart from Indian citizens, foreigners, as well as other registered societies, can also register for the Memorandum of the society.

There are just two steps involved in registering a society. For Society Registration, it is mandatory for establishing members to agree with the name of society first and then prepare the Memorandum, followed by Rules & Regulations of the society.

Step1: Selection of a Name

According to the Society Act, 1860, it is mandatory to keep in mind that the selected or chosen name for the society incorporation must not match with existing society name.

Furthermore, the proposed name must not suggest for any patronage of state government or government of India. Also, the proposed name shall not fascinate the provisions of Emblem Names Act, 1950.

Step2: Prepare Memorandum of Association

Along with Rules & Regulations of society, the Memorandum of Association must be signed by every establishing member.

Step3: Submit the application with Registrar of society

Once all the documentation is done with the application is submitted with the Registrar of society. If after due consideration of the application if the registrar is satisfied then it will approve the application and register the name of the society in its record and intimate such effected registration to the applicant.

Moreover, the memorandum should contain the details of members of the society registration along with their names, designations, and occupations.

Documents prepared, submitted, and signed for the sake of society registration are as follows:

•        A copy of Memorandum of Association of society along with certified copy;

•        A copy of Rules and Regulations of society along with a copy duly signed by all establishing members;

•        A covering letter requesting society registration, signed by all establishing members;

•        Address proof of the registered office of society;

•        No-Objection Certificate (NOC) issued by the landlord;

•        Affidavit attested by secretary or president of society declaring relationship among subscribers.

Benefits of Society Registration

There are several benefits of registration a society under the Society Registration Act, 1860. Though it is not mandatory to register, it is always recommended to get the society registration done to avail various benefits as follows:

       After the society registration process, the society becomes a separate legal entity.

       A registered society can rent, lease, buy and sell the property, borrow money and enter contracts in its own name.

       A registered society will continue to be the separate legal entity even if its membership changes.

       Members of society won't be personally liable for the debts, contracts or other obligations unless:

•        The debts or obligations are sustained from the activities accepted to obtain money for commercial gain. In this case, every member involved will be personally liable for those debts and obligations; or

•        The debts and obligations are sustained through unlawful activities. In this case, every member involved will be personally liable for the debts and obligations.

       A registered society may be entitled to an income tax exemption. 

For any queries regarding Society Registration process, you can contact our team of Enterslice.

Source url - http://entersliceindia11.emyspot.com/blog/legal-service/society-registration-procedure-and-benefits.html


For society registration, you just need to fill in the details in society registration form, regulated by the society registration act 1860 and submit the required documents

Society registration was started for the development, improvement and promotion of charitable activities like sports, music, art, education etc. Society registration begins with the association of several individuals, who supports the common agenda; and is govern by the society registration act, which was introduced in 1860.

The first step of society registration is to select the name of the society, after selecting the name; we need to focus on society memorandum, which involves the details of the members and offices with their KYC verification. It takes approximately one to months for the society registration to complete.

PROCEDURE FOR SOCIETY REGISTRATION

For society registration, you just need to fill in the details in society registration form, regulated by the society registration act 1860 and submit the required documents. The documents required for the society registration are  as follows ; ownership of the registered society, ID proofs of all the members, address proof of all the members, electricity bill/water bill (business place) , copy of property papers(if owned property), landlord NOC.

Society registration requires the involvement of at least seven members or more, who are above eighteen years of age.

Society registration is done for the benefit of general public with a motive of helping the people in some way. Society registration is taken ahead as a nonprofit organization, which has sheer focus on overcoming the challenges faced by common public. Charitable societies, the military orphan funds or societies established at the several presidencies of India, societies established for the advancement of arts, science and literature, public museums and galleries, collection of natural history etc comes under society registration.

Source url - https://enterslice-32.webself.net/blog/2018/12/03/society-registration-through-these-simple-steps

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