ONLINE NGO REGISTRATION IN INDIA – PROCESS, DOCUMENTS AND REQUIREMENTS

DEFINITION

Non-governmental organizations, or NGOs, were earlier known in Article 71 in the Charter of the newly formed United Nations in 1945. Whereas NGOs have no valid definition, NGOs as a non-profit organization gain legal entities without the support of governmental help. NGO is characterized to operating on an international level in spite of the fact that some countries distribute their own civil society groups as NGOs.

LAWS RELATING TO AN NGO IN INDIA

These are the following laws under which NGOs can registered. 

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

The main motive of establishing an NGO as a company is to raise non-profit organizations under section 8 of the Company Act, 2013. The objectives of NGOs are like trade, commerce, arts, charity, education, religion, environment protection, social welfare, sports, research, etc. many of the NGOs are working for human rights to protect them from human rights abuses.

There is no need of minimum paid-up capital in case a company under section 8 of the Company Act, 2013.

For more information, please contact us on info@trijuris.com or call us Mb. No. 85100 58386 or 9310 717274.

ESSENTIALS FOR REGISTRATION OF AN NGO

Obtaining DSC– For registration of NGOs, the signature of directors of the company are necessary for the purpose of filing online and should be signed digitally. Digital signature certificates (DSC) are issued by a government recognized certifying agencies. The cost of obtaining such DSC is varies from agency to agency. There are two classes of obtaining these certificates class 1 and class 2.

Apply for Director Identification Number-In Form DIR-3, the application for DIN has to be made. For allotment of DIN, there is a requirement of a scanned copy of documents like PAN Identity or address proof of directors along with form and submit by online MCA portal.

FORMS REQUIRED FOR REGISTRATION

Name of the formPurpose of the Form
INC 1Name Approval
INC 7Application for Incorporation of Company
INC 8Declaration
INC 9Affidavit from each director and subscriber
INC 12Application for License
INC 13Memorandum of Association
INC 14Declaration from a practicing Chartered Accountant
INC 15Declaration from each person making the application
INC 16License to incorporate as Section 8 company
INC 22Situation of Registered Office
DIR 2Consent of Directors
DIR 3Application to ROC to get DIN
DIR 12Appointment of Directors

For more information, please contact us on info@trijuris.com or call us Mb. No. 85100 58386 or 9310 717274.

BENEFITS OF REGISTRATION OF NGOS

Free from taxes- As we know, section 8 of the Company Act, 2013 helps in providing benefits of tax immunities, and these save money help in achieving other goals.

Obtains assets– Once the procedures of registration is done, the NGOs require for land, own fixed assets obtain liabilities under the common seal of the company. Such requirements are not provided to unregistered NGOs.

Minimum share capital is not required– NGOs are funded from the charity on its own. No need for minimum paid-up capital in the case of section 8 of the company act.

Transfer of Ownership- As per the Income Tax Act, 1960, the NGOs are registered under the company act, 2013, the claim for ownership is easily made, and no one is facing difficulties in case of transfer of ownership of an NGO. 

Legal entity– The NGO can file a petition to enforce its legal rights or be appeal along with its registered trustees. It is a corporate body and worked independently without having governmental support.

Relief from stamp duty– Under Income Tax Act, section 8 of the company act, helps in providing of free from the imposition of stamp duty. All the taxes amount saves directly from the stamp duty are again invested in achieving of the goals of the company. It helps in protecting funds for the company, that’s a result helps in smoother functioning of the company and growing of the productivity of the company.

Formation of Financial Plan– NGOs are observing as not-for-profit organizations and tax-free. Therefore a planned financial structure helps in lacking behind the tax liabilities.

The firmness of Entity– Political parties, government, agencies, financial institutions, charity organizations, and other NGOs will want to partner with a registered body because all of them have their common goals.

Perpetual Succession– Perpetual succession is the support of NGOs Company is for a lifetime, and it is free from its owner. The organization will continue only in case of the close of the company if it is formally gashed up by the order of the Court of India.

Opening of Bank Account- The opening of the bank account of NGOs is explicit. Bank account for the NGO would gesture its corporate extant and its available to get an amount from the charity.

PURPOSE OF THE FORMS

FORM INC-1

Form 1 is used for the name reservation of the company. Before indicating a name, the applicants are free to be allowed to search names from available names on the MCA portal. This will help in avoiding of choosing a similar name of the existing companies. Filed a form INC-12 for granting a license under section 8 of the company act. Copy of the Memorandum of association and article of association is necessary for getting of license. The subscription pages of the MOA and AOA should be signed by each subscriber along with their name, address, description in the presence of one observer. This is filed together with Form INC-7 or within 30 days of the incorporation of the company. 


For more information, please contact us on info@trijuris.com or call us Mb. No. 85100 58386 or 9310 717274.

INCORPORATION OF SECTION 8

Step 1 – Procuring a DSC for the submission of Directors of the Section 8 Company. Then a DSC is collect for filing of Form DIR-3 with the ROC for getting a DIN. Documents that should be attached for the DIN application that is the Identity and Address Proof.

 Step 2 – The DIR-3 accepts, and the ROC will allot a DIN to put forward directors.

 Step 3 – File Form INC-1 by the ROC for appeal for a company name. 

 Step 4 – When approval is granted, file form INC-12 with the ROC to try for a license for the Section 8 Company. Documents are attached with INC-12:

Draft MOA as per Form INC-13 

Draft AOA

The additional pages of the Memorandum and Articles of Association of the company should be inscribed by every subscriber with mentioning his name, address, and occupation, in the presence of one observer who should authenticate the signature and sign and add his name, address, and occupation. 

Step 5 – When the Form is granted, a license under section 8 will be issued in Form INC-16.

Step 6 – Once the license is obtained, file SPICE Form 32 with the ROC for incorporation with the following attachments:

An affidavit from all the directors

Announcements of deposits

KYC of all the Directors 

PAN Card and address proof of the proposed directors 

Permission letter of all the directors 

Draft MOA and AOA, If the ROC is contented with the forms offered, he provides a Certificate of Incorporation by a unique Company Identification Number.

TRUST REGISTRATION

Registration of NGOs is done under the society registration act, 1882. NGO registered under trust act is done when public land interest is involved. These NGOs support to medical facilities.

SOCIETY REGISTRATION

For the formation of the society, every individual comes together for encouraging scientific purpose, charitable purpose, and several goals, as described in Section 30 of the Society registration Act 1860.

SECTION 8 OF COMPANY REGISTRATION

Under these procedures of registration, a company is confirmed to protect the charity. The income from this is used by the shareholders for promoting of work.

HOW TO REGISTER AN NGO IN INDIA?

Registration of a NGO in India is simple, easy, and can made online as well:

1.    Right Entity Selection – We inscribe all interrogation obtaining to entity choice and conduct to choose the most suitable one.

2.    Online Paperwork – We help to get the entire process of filing and registration finished.

3.    Registration – We will register the NGO and hold all the decorum of the acts.

The Foreign Contribution Regulation Act is one of the most important registration for a NGO that desire to get donations from foreign donors. Without FCRA registration, an NGO would not be able to get a foreign donation in India. The Act is meant to control all donations foreign in nature obtain in India as a donation for a religious, charitable, social, or environmental cause, such donations are sustained from Foreign individuals, companies, Societies, Governments, or organizations.

Muffle it up- Formation of an NGO in India is an easy method only if trustees have obtained all documents and other papers ready as per the protocol. So, the paperwork necessary varies on different types of NGOs as per the needs of registration.

ARE THERE ANY NGO REGISTRATION FEES?

Yes, a certain amount is paid for the registration of NGOs that you need to deposit as an NGO registration fee. As per the government’s portal, one requires to place 2000 for urban areas and 1000 for rural areas.

CONCLUSION

Subscribers are able to constitute the organization, the NGO can start a bank account in the organization on sign contacts in the name of the organization. A registered NGO could be certified for financial relief from the government agencies and local donors.

For more information, please contact us on info@trijuris.com or call us Mb. No. 85100 58386 or 9310 717274.