NGO Registration

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A NGO (Non- Governmental Organization) is a citizen based group that work on the principle of non- profit and functions independently. They do not work according to Government. This term Non- Governmental Organization may have various interpretations, they are civil societies, non-religious groups, non-military groups. They serve some social, political purpose for welfare. They are not for commercial purpose. They revolve around issues like health, environment and protection of human rights.

NGO are heart & soul of any activism whether it is large scale or small scale. NGO staff depends and varies from voluntary duty to paid job or it can be something different. NGO can be on international level or regional or national level, it entirely depends upon them. Activists and  social advocates are primary founder as well as force for the running of NGO.

Every NGO has some objective on which they work as advocacy, reformation of Government, anti-corruption, treatment of injustice, providing services to marginalized social groups, opportunities based n economy and civic engagement.

NGO works on funding basis and they get funds from membership dues, donations from private individual, etc.

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  • Advantages
    • NGO helps in better communication, they interact with people in a very easy and comfortable way and send their messages to Government from where they gets help.

    • NGO assists in reducing the literacy level and increasing the standards of life by teaching people of certain communities to lead better life.

    • NGO introduce several projects to overcome the problems of local people.

    • Assist to empower the marginalised groups and to maintain equality.

  • Registration

    In India NGO can be registered by three methods :

    1. Trust under Indian Trusts Act, 1882

    Step 1 : application is made to the authorities of place where trust is registered.

    Step 2 : submit required details as name of trust, trustees etc. as prescribed in form along with the fees for registration.

    Step 3 : the form of application must have  signature of applicant then, Registrar and other officials.

    Step 4 : submit the application form along with copy of trust deed. Two other documents are also needs to be submitted which are affidavit and letter of consent.

  • Advantages of Registering NGO as Trust
    • Land is provided by Government as Trust land

    • 80G certificate benefit

    • Legal money for the construction purpose of any building

    • Government registered name is used as Trust, so legal protection is provided.

    • Get benefits as  tax exemptions

     

    1. Society under Societies Registration Act, 1860

    Step 1 :  registration has to be done at Office of Registrar of Societies, if it to be done at State level and in case of registering at district level registration is done at DM’s office or local Office of Registrar of Societies

    Step 2 : this process varies from one state to another. Some documents are required to be submitted as rules, regulations, letter of consent, memorandum, affidavit and self -declaration.

    Step 3 : all the above mentioned documents in duplicate along with registration fees. (these does not required to be executed on stamp paper.

  • Advantages of Registering NGO as Society
    • Have separate legal status.

    • Presence of the limited liability.

    • Get benefits as  tax exemptions

    • Name cannot be used by any other person, if the same has been done then it ends up in huge penalty.

     

    1. Section 8 Company under The Companies Act, 2013

    Step 1 : get digital signature of the directors of Section 8 Company, after this file an application under Form DIR -3 with ROC for obtaining Director Identification Number

    Step 2 : after the approval of DIR-3, Director Identification Number will be granted to the directors of the Company.

    Step 3 : file an application under Form INC-1 along with ROC for getting name of the Company. It must be according the  provisions of Act.

    Step 4 : after the approval of name, file Form-12 again with ROC for getting a Section 8 Company license. Some documents are required to be attached with this form as prescribed.

    Step 5 : issuance of license of  section 8 Company after the approval of form.

    Step 6 : after getting license file SPICE Form 32 along with ROC for company incorporation. Some documents are needs to be attached with this form.

    Step 7 : if ROC gets satisfied from all the submission, Certification of Incorporation is issues to company along with a Company Identification Number.

  • Advantages of Registering NGO as section 8 Company
    • Minimum capital is not required as NGO.

    • Have tax exemptions for the donation made to NGO.

    • There is no need to pay stamp duties and high fees for the registration.

    • Have separate legal status.

    • There is no need to add suffix to company’s name as limited or private limited.

    • Ownership is transferred in easy way.

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