By structure, NGO registration
can be of three types:
·
Trust;
·
Society;
·
Section 8.
But in this blog, we will study the simple steps involved in the NGO
registration under Section 8 Company. But before we leap on that, let's first
understand the meaning of NGO and Section 8 Company.
What is NGO?
NGO is abbreviated as Non-Governmental Organizations and isn't a part of
the government. Typically, an NGO is independent of government and
self-governing body. It is also known as a Non-Profit Organization. Generally,
the prime business of an NGO is to provide support to an underprivileged
section of the society and the work for the advancement of different issues
like social, educational, legal, cultural, environmental, and more.
Meaning of Section 8 Company
A Section 8 Company is a company registered under Section 8 of Indian
Companies Act, 2013 (or old Section 25(1) (a) & (b) of the Indian Companies
Act, 1956, a section-25). Mainly, these companies have the principal objective
of encouraging healthcare, social welfare, religion, art, commerce, science,
sports, safety, research, charity, protection of the environment, and more.
Generally, the name of Section 8 Companies ends with words like
Institution, Foundation, Association, Federation, etc.
Steps for NGO Registration under Section 8
Company in India
Step1:
Procure DSC to sign documents
It is quite imperative for the applicant to obtain DSC (Digital
Signature Certificate). Digital Signature is required to sign documents or
incorporation form while filing e-forms on MCA portal. Also, a digital
signature is one of the most secure and authentic ways of submitting documents
online.
Documents required for obtaining DSC for directors are as follows:
·
A copy of PAN card
·
Driving license/Passport/Aadhaar Card/Voters’
Identity Card
·
Duly filled and signed Digital Signature Form
Step2:
Application for name approval
The ROC (Registrar of Companies) will approve the name of the proposed
company. One can obtain the approval from ROC through an application submission
in RUN. The maximum of two names can be submitted in order of their preference.
Name approval will take 1-2 working days.
Step3:
Filing an application for License under Section 8
The next step to NGO
registration under Section 8 Company
registration is to get a license under Section-8. For this, the applicant
is supposed to file constitutional documents, MOA (Memorandum of Association)
and (AOA) Articles of Association, as a draft with ROC with necessary documents
in Form INC 12 which will issue the company license under Section-8.
Step4: Incorporation
Application with ROC
As we know that every proposed director in a company must possess DIN
(Director Identification Number), for fresh DIN no separate application form is
required to be filed and one can directly apply for DIN in the incorporation
form. Prior to this, a separate
application form was required to be filed with ROC for obtaining DIN.
After filing of Form INC-12, one needs to file an incorporation form
(SPICE) with ROC. After uploading and payment of required stamp duty and
government fee, the incorporation form would be accessible to ROC. The ROC will
check the form and if everything is correct including the name of the company,
the ROC will approve the company.
After the approval of ROC, the applicant will receive the certificate of
incorporation of the company and the NGO registration under
Section-8 will be done. Along with, the applicant will also get the PAN and TAN
of the company.
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