In India , NGO/NGP/ Public Charitable Trust Organisations can be registered in different forms such as Trusts, Section 8 Company, Societies and Cooperative Societies. NGO registration of Indian Non Government Organisation can be done under various Indian Laws. The different legal entities under which civil society organization can register themselves are-
Non profit companies(Section 8)
The term NGO originated from United Nations and normally refers to organization that are not a part of a government and are not conventional for profit business . The term is usually applied to organizations that pursue wider social aims and have political aspects but are not organizations such as political parties. NGOs can be distinguished into two groups:
Operational NGOs : have to mobilize resources. Finance obtained from grants or contracts, from governments, foundations or companies, require time and expertise spent on planning, preparing applications, budgeting, accounting and reporting. Major fund-raising events require skills in advertising, media relations and motivating supporters.
Advocacy NGO – The main purpose of an Advocacy NGO is to promote a specific cause. It makes efforts to raise awareness and knowledge by doing various activities like lobbying, press work and activist events. Advocacy NGOs will carry out much the same functions, but with a different balance between them. Fund-raising is still necessary, but on a smaller scale and it can serve the symbolic function of strengthening the donor’s identification with the cause.
Operational NGOs often move into advocacy when projects regularly face similar problems and the impact of the projects seems to be insufficient. NGO Master too does both the advocacy and operational work. It is a developmental and environment operational NGO which run some regular campaigns by supporting campaigning networks. Our Masters conducts seminars to provide people with information about various operational and advocacy activities performed by it.
Documents Required For NGO Registration
Once you have the documents ready, you are ready to register your society under the Societies Registration Act, 1860. However, ensure that you have all essential documents in hand (other than MOA and rules) for secure processing. The documents needed to be submitted to the Registrar are:
- A letter requesting registration, signed by founding members. This letter will state the purpose of formation of the society and a requisition indicating that the society is registered under the Act. The signature of all members is mandatory.
- A certified copy of the MoA, signed by the founding members, with a duplicate.
- A certified copy of the rules and regulations, signed by the founding members, along with a duplicate copy.
- A table with the names and address and occupation of all members of the society with their signatures.
- Minutes of the meeting (general body meeting conducted to set the rules and regulations).
- Declaration by the president of the society.
- A sworn affidavit from the President or Secretary, declaring the relationship between the subscribers.
- Address proof of registered office and no-objection certificate from the landlord.
NGO Registration Form and Purpose
To register a Non-Government Organization or an NGO you need to fill the following forms.
FORM INC 1
This form is used to register the name of the NGO, before quoting the name make sure that it is not copyrighted.
FORM INC 12
The form is needed to apply for a license to run the NGO. With this form, you need to submit the MOA and the AOA of your NGO. Apart from these documents, an applicant has to state and submit the following.
INC-13 FOR MEMORANDUM OF ASSOCIATION
- Draft Articles of Association
- INC-15 for the declaration by each subscriber to MOA that the draft memorandum and articles of association have been drawn up in conformity with the provisions of section 8
- Estimated statement of Income & Expenditure for the next three years
- List of proposed Promoters and Directors of the Company
FORM INC 7
This form is needed to apply for the incorporation of the NGO. Together with the filled up form, an applicant needs to submit the following documents.
- Memorandum and articles of the company duly signed by all the subscribers.
- An affidavit from each of the subscribers and first directors in Form INC 9 that they are not guilty of any offence or misfeasance.
- Declaration in Form INC 8 that all the requirements of the Companies Act have been complied with.
- Address of correspondence till the registered office is fixed.
- Address and Identity proofs of all the subscribers to MOA and first directors of the company.
FORM INC 22
You can either fill this form together with the INC 7 or submit it within 30 days after you have submitted the form. This form asks for details of the registered address of the NGO.
FORM DIR 12
To appoint Directors for your NGO, you need to fill the DIR 12 form and submit it to the registrar. You have to ensure that form is submitted within 30 days from the date of the appointment of the directors.
REGISTRATION PROCESS FOR NGO IN INDIA AS AN TRUST
Any legal entity can establish a Trust in India through a registered Trust Deed which becomes a legal entity. All activities of a NGO can be done through the aims and objectives of the said trust. The registration of Trust in India involves the following simple steps:
Selecting the name of the trust.
- Drafting the Trust Deed which should contain all the important aims and objectives of the trust.
- One settler or trustee can also run the said trust however a board of trustees can be also named and several persons can be involved in the running of the trust.
- Getting the PAN card for the trust after its registration.
- Opening a bank account for the trust after its registration.
- Getting the exemption under Section 80 (G) of the Income Tax Act for exempting the donations from taxation.
- Getting clearances from RBI for entitling the trust for receipt of foreign funds.
- Filing of ITR of the trust
REGISTRATION PROCESS FOR NGO IN INDIA AS A COOPERATIVE SOCIETY
A Cooperative Society registered under the respective cooperative laws of the State concerned can also be run as a NGO to deliver the goods and services to the society through its large base of members. The process of registration and operation of the Cooperative Society as NGO is different from State to State as there are different types of Acts regulating the same in different States of India hence no common information in this regard can be compiled. The Registration Process for NGO India as a Cooperative Society is often similar to the process of registration of a Society under the 1860 Act.
STEPS INVOLVED WITH THE REGISTRATION PROCESS FOR NGO INDIA AS A SOCIETY:
- Formation of a group of seven desirous persons agree to form the society.
- Selecting the name of the proposed Society and getting it approved by the Registrar of the concerned district.
- Submitting the Memorandum of the society as per the Society Registration Act 1860 and all other standing orders issued from time to time which contains the rules and regulations for running the society and the bye laws.
- Obtaining a NOC from the owner of the premises where the office of the society is proposed to be located.
- Filing the proof of residence and identification of the desirous persons.
- Presenting the society documents alongwith all the relevant documents and the drafted deed before the registrar for registration.
- Issuance of the Registration Certificate by the Registrar of Society.
- Obtaining a PAN card for the society from the Income Tax Department.
- Opening a bank account for the society for the regulation of funds of the society.
- Getting the exemption under Section 80 (G) of the Income Tax Act for exempting the donations from taxation.
- Getting clearances from RBI for receipt of foreign funds in the society.
- Filing of ITR for the society after the end of the financial year.
REGISTRATION PROCESS FOR NGO IN INDIA AS A COMPANY:
A Company as a NGO can be registered under The Companies Act, 2013, under Section 8to form a Company subject to the condition that the profits earned from the operation of the said Company shall be spent only for the purposes of the fulfillment of the aims and objectives of the Company and no dividend is to be paid to the promoters or share holders. The formation of NGO India is not so common and popular as it requires more level of compliance of the law and procedural requirements however it is a very systematic and most appropriate way of formation of NGO India.
STEPS INVOLVED WITH THE REGISTRATION PROCESS FOR NGO INDIA AS A COMPANY UNDER SECTION 25 A OF THE COMPANIES ACT:
- Selecting the name of the Company after depositing the requisite fees.
- Three sets of printed Memorandum and Articles of Association of the proposed Company duly singed by the promoters is submitted along with a declaration by a CA, Advocate that the same are in accordance with the provisions of Act and all the requirements of law have been complied with in this regard.
- Three sets of the details of the promoters giving their names, addresses and occupations with all details of the proposed Directors if they are already Director in any other company.
- A statement showing the details of the assets and liabilities of the association, as on the date of the application or within seven days of that date.
- An estimate of the future annual income of the proposed Company, specifying the source of its income and the objects of the expenditure.
- A statement giving the brief description of the work already done by the association and of the work proposed to be done by it after the registration in pursuance of Section 8.
- A statement specifying the grounds on which the application is being made in brief.
- A declaration by each of the persons making the application that he/she is of sound mind, not an undischarged insolvent, not convicted by a court for any offence and does not stand disqualified under section 203 of the Companies Act 1956, for appointment as a director.
- The applicant is required to furnish to the Registrar of Companies (of the state in which the registered office of the proposed company is to be, or is situate) a copy of the application and each of the other documents that had been filed before the Regional Director of the company law board.
- Publication of a notice in a Newspaper, within a week from the date of making the application to the regional director of the company law board, in the prescribed manner at least once in a newspaper in a principal language of the district in which the registered office of the proposed company is to be situated or is situated and circulating in that district, and at least once in an English newspaper circulating in that district.
- The regional director may, after considering the objections, if any, received within 30 days from the date of publication of the notice in the newspapers, and after consulting any authority, department or ministry, as he may, in his discretion, decide, determine whether the licence should or should not be granted.
- The Registrar may issue the certificate of incorporation of the Company which makes the legal existence of the Company and all the formalities relating to the issuance of PAN, Bank Account etc are taken thereafter.