NGO
stands for Non-government organizations which are formed to support the
underprivileged sections of the society and help in the management of different
issues such as social, cultural, legal, and environmental, art, science etc.
There is no intervention from government in the functioning of these NGOs. People
voluntarily give their name to contribute to the functioning of the NGO. In
this blog we will discuss about the NGO registration.
Topics
covered under this blog:
a.
What
are the types of NGO registration?
b.
What
is the process of NGO registration in the form of trust?
c.
What
is the process of NGO registration in the form of society?
d.
What
is the process of NGO registration in the form of section 8 company?
What are the types of NGO
registration?
In
India, NGO registration can be done in three ways. The Indian Trusts Act, 1882,
Society Registration Act, 1860 and companies Act, 2013
governs the NGO in the form of Trust, society and Section 8 Company
respectively.
Further,
we will look into the procedure of forming these NGOs-
What is the process of NGO
registration in the form of trust?
For
NGO registration in the form of trust you need to clarify the following-
1.
Purpose
of creating a trust
2.
Idea
behind the trust
3.
Beneficiary
details
4.
Properties
of the trust assigned by the assignee
Further
below mentioned steps will be carried out for NGO registration:
·
STEP1: Naming an NGO
The
first step is to come up with the name for your NGO
·
STEP2: List of members of the trust
You
need to specify, who will be the settler, trustees (at least 2) and
beneficiaries for your NGO.
·
STEP3: Memorandum of Association (MoA)
You
have to frame a Memorandum of Association (MoA) and trust deed which must
include all the key provisions and clauses. Trust deed is executed on the stamp
paper that should be of value in accordance with the laws prescribed by the
government.
·
STEP4: Submission of signed deed
All
the trustees and settler has to sign the trust deed, and register it with the
local registrar of the area, where the NGO will be functional.
What is the process of NGO
registration in the form of society?
·
STEP1: Naming the Society
The
first step is to select the name for your NGO.
·
STEP2: Formation of Governing Body
You
need to decide upon the governing body of the proposed trust.
·
STEP3: Memorandum of Association (MoA)
Then
you are required to make the memorandum of Association and by-laws of the
proposed society. It consists of all the rules and regulations in relation to
the registration and operation of the Society.
·
STEP4: Submitting Documents
At
last, you just need to submit the MoA (Memorandum of Association), documents
regarding the rules and regulations of an NGO, and other registration
documents.
You
have to submit all these documents with the registrar of the state, where the
proposed NGO will be operating.
What is the process of NGO
registration in the form of section 8 company?
Below
are the steps to be followed for the NGO registration in the form of section 8 company registration-
·
STEP1: Obtaining the Digital signatures
The
first step is to obtain the digital signatures for all the proposed directors
of the company. These digital signatures will be required to sign the
application of incorporation and few other related documents.
·
STEP2: Naming the Section 8 Company
There
is a RUN service available on the MCA portal, which you can use for the name
approval of the NGO. You will be allowed to propose 2 names for the proposed
Company.
·
STEP3: SPICE form
This
is the main step under which incorporation application is filed in SPICE form
along with the necessary documents like MoA (Memorandum of Association), AoA
(Article of Association) of the company. If the proposed directors of the
company do not posses DIN then they can directly apply for DIN (Director
Identification Number) through SPICE form.
·
STEP4: Form INC-12
You
need to submit an online application in Form INC-12 to the respective ROC to
get the license issued.
·
STEP5: Formation of an NGO
After
the proper inspection of the application of registration by ROC, License will
be issued; along with the Company’s PAN&TAN number.
Hope
you have a clearer picture regarding the NGO formation in India.
For
more information please contact Enterslice.