NGO Registration - Ezywaytax

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NGO is a non-profit organization that functions independently. In India, NGOs can be registered as a Society, Trust and section 8 companies depending on the activity an individual wishes to undertake. A Non-Profit Organization is a voluntary group or institution that works for a social cause.

In common understanding of the status, NGOs are involved in carrying out the activities at a wide range only for the benefit of the society at large. The activities performed by the NGOs include but are not limited to-Environmental, Social, Advocacy and human rights work. NGOs work to promote social or political change on a wider scale and also play a critical part in developing society, improving communities, and promoting citizen participation. There are three legal ways an NGO can be registered, which are as follows: – (1) Trust (2) Societies & (3) Section 8 Companies.

What Documents are Required for NGO Registration?

Before a registered deed is delivered to an NGO, the Below-mentioned documents are required:-

For Trust Registration

Objective of the Trust Deed.
Particulars of the Trustee and settlor (Self-attested copy Id and Address Proof along with the information related to occupation).
Trust Deed on Proper Stamp Value.
Photographs of Trustee and settlor.
PAN Card of Trustee and settlor.
Documentation for the Trust Registered Address. In the case of rented property (NOC from the Landlord is required).

For Societies Registration

For a society registration, below-mentioned documents are required:-

Name of the society
Address proof of the working space.
Identity proof of all the 9 members
2 copies of the Memorandum of Association and By-laws of the society

For Section 8 Companies Registration

Copy of Identity Proof and Address Proof (Including PAN Card).
DIR-2(Consent of the directors) along with ID& Address proof
Utility bill not older than 2 months
Proof of registered office address
No objection certificate is required if the registered office is not taken on rent.
Affidavit regarding deposits
INC-14 -Declaration by Professionals
INC-15-Declaration by Promoters (INC-14 and INC-15 shall be on the stamp paper, duly notarized).
Estimated Annual Income
Memorandum of Association and Articles of Association
Particulars of the promoters as well as Board Members of the proposed company

What is the Procedure for NGO Registration?

Based on type of NGO Registration (Trust, Societies and Section 8 companies), an applicant needs to follow various laws and procedure prescribed in the respective act.

NGO Registration Procedure (As a Trust)

The procedure for Trust registration involves the below-mentioned steps-

Select an Appropriate Name
The very first while registering the Trust is to select an appropriate name for the trust. An applicant must take into consideration that the name so suggested should not come under the restricted list of names as per the provisions of the Emblems and Names Act, 1950.
Drafting of Trust Deed
For the purpose of Trust registration, the Trust deed should be drafted. A trust deed is a document that contains all the important information related to the registration and the deed must be present before the Registrar at the time of registration.
Selecting Settlers and Trustees of the Trust
The next step is to select the settlor and Trustees of the Trust. However, there is no specific provision with regards to the number of settlers/authors. Further, there must be a minimum of two trustees to form a Trust.
Preparing Memorandum of Association
For Trust registration it is important to formulate the Memorandum of Association as it represents the charter of the Trust.
Paying the Requisite Fees
The next step is to pay a requisite fee for Trust registration.
Collection of a Copy of Trust Deed
Once an applicant submits the papers; he/she can collect a certified copy of the Trust Deed within 1 week from the registrar’s office.
Submission of the Trust Deed in Registrar
After obtaining a certified copy of the Trust Deed, submit the same with the local registrar. The Trust deed shall be submitted along with properly attested photocopies.
Obtain the Registration Certificate
After submitting the Trust Deed with the registrar, the registrar keeps the photocopy and returns the original registered copy of the Trust Deed to the applicant, and also issues the certificate within seven working days.

Recent Notification on NGOs- 2021

As per the recent notification, the Ministry of Home Affairs has extended the validity of registration certificates issued to Non-Profit Organizations under the Foreign Contribution (Regulation) Act, expiring between 29th September 2020 to May 31, 2021.

For NGOs receiving foreign funding it is mandatory to register under the FCRA and the decision is expected to be advantageous for various NGOs and other voluntary entities whose registrations have expired since September 29, 2020.

Further, MHA said it is necessary to administer the FCRA and section 12(6) of the act that specifies that the certificate granted shall be valid for a period of 5 years from the date of issue.

Frequently Asked Questions

What is NGO?

he acronym NGO refers to a non-governmental organization. The United Nations (UN) coined the term "NGO," which is typically used to refer to organizations that are not typically run for profit or for business and are not a part of the government. The underprivileged segment of society must be improved in the modern world. By the use of nonprofit organizations, this need can be met.

What are the types of NGO?

There are two different kinds of NGOs. Trust and society are the first. Profitable NGOs, which are frequently registered under the Companies Act, make up the third category of NGO.

What are the minimum members required to register an NGO?

If an NGO is a Trust, a minimum of three members are needed to register the organization. It is not necessary to have members from each of the three states represented. A Society must have a minimum of 7 members from 7 different Indian states in order to be registered.

What are the primary posts involved in an NGO?

A non-profit organization essentially has three positions: president, general secretary, and treasurer. Vice Presidents are also possible in specific circumstances.

Should I register a trust or a society?

Trust and society are both NGOs that can perform social work. Whether you register the Organization as a society or a trust has no bearing on the social activity you conduct. The governing body of these two sorts of organizations is where the primary distinction between trust and society may be found.

Where should I go to register my NGO?

Typically, trusts are registered at the local sub-office. registrar's This is the location where land property sales and purchases are registered. The local office of the Registrar of Societies is where societies are registered.

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