What are the options for NGO Registration?

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?

 There are certain steps that need to be followed for the 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.

Source url – https://entersliceindia.hatenablog.com/entry/what-are-the-options-for-ngo-registration

Read More

Documents required for NGO registration

Till now, we assume everybody knows what NGO registration is and how it benefits somebody registering his/her organization as an NGO. Still, we will have a quick revision on it.

An NGO is a non-profit organization that works independently of any government, typically one whose purpose is to address a social or political issue. NGO stands for Non-Governmental Organization and it motivates people for charitable work.

If you wish to open your own NGO, then the initial step that you should proceed with would be the NGO registration. And for the same, you will need to submit the required documents as per the concerned acts.

Before we learn what documents are mandatory to submit, we should be sure of what kind of NGO registration do we wish to have. So let's get started-

Types of NGO registration

Generally, there are three kinds of NGO registration. They are as follows:

·         Trust Registration: Under Indian Trusts Act, 1882, a company registers itself either as a public trust or private trust. If you intend to set up a trust with an objective of trust registration, then public trust is set up as per the applicable Act. Public trust, generally, works in the field of healthcare, education, support of underprivileged, etc.

·         Society registration: Under Societies Registration Act, 1860, any company can register itself as a society with the only condition to have an objective for promoting science, literature, arts, or any other non-profit aim.

·         Section 8 Company Registration: Under Companies Act 2013, a company can register itself only when it is formed to serve charitable purposes and to use the profits earned to reinvest in the organization's advancement.

For more details on NGO registration, you can visit Enterslice.

Now that you are aware of different kinds of NGO registration process and have decided under which Act to register then let's find out the documents required.

Documents required for Charitable Trust Registration

It is obligatory to submit the following documents for registering an NGO as a trust:

ü  A complete detail of the trustee such as name, address, occupation, age, father’s name, designation, mobile number, email address, and two photographs.

ü  Address proof of the trustee and settler that could be any of these:

·         Voter ID card

·         Driving license

·         Passport

ü  In case the trustee in a rented house, then he needs to submit a rent agreement duly notarized with rent receipt and NOC (No-Objection Certificate) from the landlord on Rs. 10/- stamp paper.

ü  Electricity or water bill or house tax receipt or ownership proof of property required.

ü  The physical presence of settler or everybody will be required at the time of registration along with the original ID.

ü  The physical presence of two witnesses with original ID proof while registration.

Therefore, under Indian Trusts Act, 1882, you are mandatorily required to submit the above-mentioned documents.

Documents required for Society Registration

People intending to register their NGO under the Society Registration Act, 1860 must submit the following documents:

ü  A cover letter requesting for Society Registration under the concerned law.

ü  A Memorandum of Association (MoA).

ü  A copy of rules and regulations of the society.

ü  Affidavits of the office bearers.

ü  Address/residential proof of all the proposed members.

ü  Address proof of the registered offices, or NOC from the landlord in case the office is rented.

ü  A complete list of all members of the society and their details.

You can learn a complete society registration process with us.

Documents required for Section 8 Company Registration

For Section 8 Company Registration, the following documents are mandatory:

ü  PAN card of the directors and shareholders.

ü  Aadhaar card of the members.

ü  Current bank statement.

ü  Telephone or water or electricity bill.

ü  Scanned copy of the signature.

ü  Passport size photograph of all directors and shareholders.

ü  A copy of the rental agreement, in case the office is on rented property.

ü  Election ID card or Passport or Driving License of the directors as the address proof.

From the above discussion, it’s clear what documents are necessary for specific NGO registrations. If you want to register your company as NGO and need the best consultant in the market, then contact Enterslice.

Read More

How to apply for NGO Registration?

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.

Source url - https://enterslice1.wordpress.com/2018/11/16/how-to-apply-for-ngo-registration

Read More

What is the procedure for trust registration?

Non-Government Organizations, NGO are those entities which work for charitable purposes without an aim for any profits for self. In India, NGOs can be registered as any of the following:

1.     Trust under Indian Trusts Act, 1882

2. Society under Societies Registration Act 1860
3. Section 8 Company under Companies Act, 2013

An NGO can be formed as a Public Trust (charitable trust) for the benefit of the general public with a specific objective that can be related to education, health, sanitation, eradication of poverty etc.  It is different from the formation of a Private Trust where a particular group of individuals, a family or a specific class of people becomes the beneficiaries to the trust.

What are the guidelines for a Trust Registration?

A)     “Any person who is competent to contract under the applicable laws or has the power to transfer the property that is transferable can create a trust.” A Trust like all the organizations is required to be registered. Trust Registration is a fairly easy process.

B)    Before starting the process of NGO Registration, few details are required  to be in place:

a.      Name for the trust

b.     A Registered Address for the trust

c.      Objects of the trust which must be for the good of the public at large.

d.     Two trustees of the trust

e.      One settler of the trust

f.        Property of the trust which may be movable or immovable.

g.      Funds that shall be accepted: donations, grants, contributions etc

C)    Next step is to draft a Trust Deed which shall mention the details as discussed above. Apart from those, the Trust deed shall also mention following

a.       Powers with the trustees.

b.      Bank details of the Trust

c.       The procedure in event of dissolution/ winding up

d.      May provide for the procedure of amalgamation with another NGO

e.       A clause for Accounts and Audits of the Trust

The Trust Deed must be printed on stamp paper of requisite value as per the State.

The Trust Deed must be accompanied by one (1) passport size photograph & a copy of identity proof of each of the trustees, settler and the witnesses.

D)   The Trust deed shall then be registered in accordance with the Indian Trust Act of 1882 with the local registrar of the state. Along with the Trust Deed, two (2) copies of the Trust Deed signed by the settler on all the pages have to be submitted.
For the registration, the trustees, settler and the witnesses must be present at the Registrar office along with their identity proof in the original.

E)    The registrar shall scrutinize the documents, the deed for all the required details and all the documents. Upon his satisfaction, the Registrar shall enter the details in the official record, keep one copy of the trust deed for the record and return the original Trust deed to the applicants.

F)    The Trust Registration Process is now complete and the Public Trust can now be operated in accordance with the Trust Act. The Public Trust is now ready to be operating as a Non-Governmental Organization for charitable purposes.

Source url - https://enterslice1.wordpress.com/2018/07/31/what-is-the-procedure-for-trust-registration

Read More