Are you really into making a difference or starting your own Non-Governmental Organization (NGO) in India?
We will also mention how Diligence Certifications can assist you in such cases.
All the detailed steps involve, but not limited to, selecting a name and legal structure, and submitting the paperwork to the required government authorities. Most importantly, the registration and legal operation of the NGO should be done because it really adds credibility and gives access to funding and other resources.
But beyond that, the registering of an NGO becomes such that complying with legal formalities for registering is itself an avenue for thoroughly defining the mission and values of the NGO in addition to goals for which it is being established while resourced for operation. Such careful planning and execution of registration would eventually set the organization on a path towards success and ensure that it even provides for the possibility of its making a real impact on individuals served by it.
NGOs are currently a key player in addressing any of the contemporary social, environmental, and economic issues. NGOs provide a means for transforming the world better from education to health and human rights and policy change. This is how registering your NGO will help you join this global campaign for change and how transformations would be made possible in your society and beyond.
Suppose there were a group of people who wanted to work together to solve a particular problem in their community, or even the world, and they needed it to be fully effective:
So, they want to and most probably work for the cause by maybe forming a Non-Governmental Organization (NGO).
NGO registration is the process by which this group gets officially registered with the government. Similar to obtaining a license to carry on business as a clearly defined not-for-profit entity in respect of its owners or shareholders, but it is a government license.
The very first step to formally establishing a non-governmental organization, in any case, is registering the NGO with the government. Various registrations have different procedures, but the one best suited to the form in which you want to operate generally depends on the objectives of the new NGO. Here are common types of NGO registration:
2.Society:
3.Section 8 Company (or equivalent non-profit company registration):
While deciding with much consideration to anchoring its classification, the focus and operational style of the NGO determines the outflow of classification. A lucid way would be classifying the NGOs into the following ways:
Registration of NGOs is a procedure that has various stages with a defined protocol of documentation. However, these vary greatly depending on the model of registration selected. Below is required information regarding requirements for the registration of trusts, societies, and Section 8 companies:
Process:
Documents Required:
Process:
Documents Required:
Process:
Documents Required:
| Feature | Trust | Society | Section 8 Company (NGO) |
|---|---|---|---|
|
Governing Law |
Indian Trusts Act, 1882 (if applicable)
|
Societies Registration Act, 1860 (State Act varies)
|
Companies Act, 2013
|
|
Registration Body
|
Charity Commissioner/Sub-Registrar
|
Registrar of Societies |
Registrar of Companies (ROC)
|
|
Trustees/Members/Directors
|
Trustees (minimum 2)
|
Members (minimum 7)
|
Directors (minimum 2)
|
|
Trust & Credibility
|
Considered Traditional. Perceived as reliable locally, but may lack national recognition. Governed by Trust Deed & Trustees. Perceived Trust dependent on Trustees’ repute.
|
Wider reach and more democratic than a Trust. Trust built through member participation and representation. Perceived credibility dependent on governing members reputation.
|
Highest level of credibility and transparency due to regulatory oversight. Perceived trust comes from detailed reporting and compliance requirements.
|
|
Societal Impact
|
Focus often on local community. Impact dependent on the scope defined in the Trust Deed. Can be limited geographically.
|
Broader reach than Trusts. Can address community/regional wider societal needs.
|
Possesses wider scope to address broader social issues and can operate nationally. |
|
Operational Structure
|
Relatively simple. Less regulatory compliance than Society or Section 8 Company.
|
Moderate complexity. Democratic structure requires regular meetings and member involvement.
|
More complex. Requires adherence to Companies Act, including annual filings, audits, and board meetings.
|
|
Fundraising
|
Primarily from donations and grants
|
Donations, grants, membership fees
|
Grants, donations, CSR funding (Companies Act), foreign funding (FCRA)
|
|
Tax Benefits
|
Available under Section 80G of IT Act
|
Available under Section 80G of IT Act
|
Available under Section 80G of IT Act
|
Non-governmental organizations (NGOs) play a crucial role in India’s social and economic development, working on diverse issues like poverty alleviation, education, healthcare, and environmental protection.
| Legal Form of NGO | Registration Act | Key Features | Applicable Laws Beyond Registration |
|---|---|---|---|
|
Trust |
Indian Trusts Act, 1882 (Applicable in some states; otherwise, specific state-level trusts acts prevail)
|
– Relatively simple registration process. – Governed by a trust deed. – Operates for the benefit of specific beneficiaries or a community.
|
– Income Tax Act, 1961 (for tax exemptions). – Foreign Contribution (Regulation) Act, 2010 (FCRA), if accepting foreign donations. – Various state-specific labor laws, depending on the number of employees.
|
|
Society |
Societies Registration Act, 1860 (Applicable across most states, with minor state-level amendments)
|
– Requires a minimum of seven members. – Governed by a Memorandum of Association and Rules & Regulations. – More democratic structure than a trust.
|
– Income Tax Act, 1961 (for tax exemptions). – Foreign Contribution (Regulation) Act, 2010 (FCRA), if accepting foreign donations. – Various state-specific labor laws, depending on the number of employees. – Public Trust Acts (in some states).
|
|
Section 8 Company (formerly Section 25 Company)
|
Companies Act, 2013 (Specifically Section 8)
|
– Registered under the Ministry of Corporate Affairs. – Operates for the promotion of arts, commerce, science, sports, education, research, social welfare, religion, charity, protection of environment, etc. – Profits are applied solely for promoting its objectives and not distributed as dividends.
|
– Income Tax Act, 1961 (for tax exemptions). – Foreign Contribution (Regulation) Act, 2010 (FCRA), if accepting foreign donations. – Companies Act, 2013 (for compliance requirements, audits, etc.). – Various state-specific labor laws, depending on the number of employees.
|
Registering your own Non-Governmental Organization (NGO) in the country brings into its fold several advantages that build both credibility and the power of the organization. Here are some of the core merits briefly listed:
Whether you want to choose registration as a society, registration as a trust, or an incorporation under Section 8 of the Companies Act, the steps are generally as follows:
There are particular documents required for NGO registration which might differ from one state to another or with authorities. However here is a general list:
Application Form.
This registration is a must for the NGO-wishing to gain tax exemption and donor filling up.
Advantages of Registration in 12A & 80G:
Establishing an NGO is no easy task. One requires the right expertise coupled with extreme attention to detail. Diligence Certifications can literally walk you through the entire process. It would be a smooth experience for you.
How Diligence Certification can Assist
A non-governmental organization (NGO) is a non-profit organization created for the support of social, charitable, educational, religious, or environmental causes, which is not run by the government.
NGOs in India might be registered under one of the following structures:
✔ Trust Registration, governed by the Indian Trusts Act, 1882, is Better for Charitable Activities.
✔ Society Registration under the Societies Registration Act, 1860, is Better for Social Welfare Activities.
✔ Section 8 Company Registration under the Companies Act, 2013, is for NGOs engaged in big-time social work.
✔ Legal recognition conveys a legal identity to the NGO.
✔ Eligibility for government grants: Registered NGOs may apply for funds plus tax exemption.
✔ Credibility and trust: This turns to be the credibility with donors and stakeholders.
✔ Tax benefits: NGOs may avail benefits under 80Gs and 12As.
1 Decide the Type of NGO: A choice between Trust, Society, or Section 8 Company.
2 Document Preparation: Identification and address proof can be collected with legal declarations.
3 Legal Document Preparation: Preparation of the Trust Deed, MOA, or AOA would be supported by us.
4 Application Filing: Forwarding of documents to the Registrar of Trusts/Societies or MCA.
5 Approval & Certification: Upon satisfactory verification, your NGO receives a Registration Certificate.
The registration process usually takes about 30-45 days, depending on the NGO type, with approval processes from the government.
No, a minimum of two trustees is required for trust registration, whereas a society must have a minimum of seven members. A Section 8 Company requires two directors.
✔ 12A registration provisions exempt NGOs from income tax.
✔ 80G certification lets a donor claim appropriate tax relief.
✔ FCRA registration allows NGOs to accept foreign donations.
Yes, registered NGOs for the purposes of government schemes may apply, as well as CSR and international grants. Grant applications and compliance are where Diligence Certifications comes in.
✔ Legal Expertise - Hassle-free registration.
✔ Fast and Clear Process: Full support with no hidden costs.
✔ Tailored Solutions - Stepwise guide for setting up your NGO.
✔ Ongoing Compliance Support - Including annual filings, 80G, 12A, and FCRA registration.
The Diligence Certifications was created with the primary objective of providing compliance services in India and globally, by assisting in the implementation of business to ensure compliance requirements – all requirements in one place.
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