+91 9828123489
+91 9828123489
help@vakilkaro.co.in
Applying for NGO registration in India involves a systematic process. Here's a step-by-step guide to help you apply for NGO registration:
- Choose the Legal Structure: Decide on the appropriate legal structure for your NGO – Trust, Society, or Section 8 Company. Consider factors such as the nature of activities, long-term objectives, and compliance requirements.
- Name Selection and Reservation: Choose a unique name for your NGO and check its availability. Reserve the name with the Registrar of Societies or Registrar of Companies (RoC), if required.
- Prepare Documents: Prepare all the necessary documents as per the chosen legal structure. Common documents include the Memorandum of Association (MOA), Articles of Association (AOA), Trust Deed, Rules and Regulations, and other supporting papers.
- Notarization and Attestation: Get the necessary documents notarized and attested by a competent authority, if required.
- Online Application: File the registration application online with the relevant authority based on your chosen legal structure. For Trusts, apply with the local Charity Commissioner; for Societies, apply with the Registrar of Societies; and for Section 8 Companies, apply with the RoC.
- Pay Registration Fees: Pay the applicable registration fees along with the application.
- Submit Documents: Submit all the required documents and the application to the respective authority.
- Verification and Approval: The authority will verify the application and documents submitted. If everything is in order, they will issue a Certificate of Registration.
- Obtain Certificates: If applicable, apply for additional certificates such as 12A, 80G, and FCRA registration for tax exemptions and to receive foreign contributions, if required.
- Compliance and Reporting: Comply with any additional requirements and reporting obligations as mandated by the respective authority or government regulations.
- Begin Operations: Once registered, your NGO can begin its operations, implement projects, and work towards achieving its objectives.
Documents Required to Register an NGO for Society, Trust, and Section 8 Company
The documents required to register an NGO as a Society, Trust, or Section 8 Company in India may vary slightly based on the specific legal structure and the state where the registration is being done. Here are the common documents needed for each type of NGO registration:
For Society Registration:
- Memorandum of Association (MOA)
- Rules and Regulations
- Affidavits from members affirming non-association with any banned organizations or activities
- Address proof of the registered office
- Identity proof of all members
- Passport-sized photographs of all members
- No Objection Certificate (NOC) from the property owner (if the office is rented/leased)
For Trust Registration:
- Trust Deed
- Affidavits from the trustees affirming non-association with any banned organizations or activities
- Address proof of the registered office
- Identity proof of all trustees
- Passport-sized photographs of all trustees
- No Objection Certificate (NOC) from the property owner (if the office is rented/leased)
For Section 8 Company Registration:
- Memorandum of Association (MOA)
- Articles of Association (AOA)
- Declaration by promoters affirming non-association with any banned organizations or activities
- Address proof of the registered office
- Identity proof of all directors
- Passport-sized photographs of all directors
- No Objection Certificate (NOC) from the property owner (if the office is rented/leased)
Procedure to Register NGO in India for Society, Trust, and Section 8 Company
The procedure to register an NGO in India as a Society, Trust, or Section 8 Company involves the following steps:
For Society Registration:
- Prepare Documents: Prepare the Memorandum of Association (MOA) and Rules and Regulations of the Society, defining its objectives, membership rules, governing structure, and other essential details.
- Gather Required Information: Collect the necessary information and documents of all the members who will be part of the Society.
- Submit Application: Submit the application for Society registration along with the required documents to the Registrar of Societies in the state where the registered office of the Society is located.
- Verification and Approval: The Registrar of Societies will verify the application and documents submitted. If everything is in order, they will issue a Certificate of Registration, confirming the Society's legal recognition.
For Trust Registration:
- Prepare Trust Deed: Prepare the Trust Deed, which should contain the name of the Trust, its objectives, details of the trustees, rules, and regulations governing the Trust, and the terms of operation.
- Identify Trustees: Identify the trustees who will manage the Trust's affairs and activities.
- Get Trust Deed Notarized: Get the Trust Deed notarized by a Notary Public.
- Submit Application: Submit the application for Trust registration along with the notarized Trust Deed and other required documents to the office of the local Charity Commissioner or the Registrar of Trusts.
- Verification and Approval: The concerned authority will verify the application and documents. If everything is found in order, they will issue a Certificate of Registration, officially recognizing the Trust.
For Section 8 Company Registration:
- Prepare Documents: Prepare the Memorandum of Association (MOA) and Articles of Association (AOA) of the Section 8 Company, clearly stating its non-profit objectives and compliance with the Companies Act, 2013.
- Identify Directors and Promoters: Identify the directors and promoters who will be involved in managing the affairs of the Section 8 Company.
- Name Reservation: Apply for name reservation with the Registrar of Companies (RoC) to ensure the availability and uniqueness of the proposed name.
- Get Documents Notarized and Attested: Get the MOA, AOA, and other relevant documents notarized and attested.
- Online Application Filing: File the application for Section 8 Company registration online with the RoC, along with the necessary documents.
- Verification and Approval: The RoC will verify the application and documents submitted. If all requirements are fulfilled, they will issue a Certificate of Incorporation, granting legal recognition to the Section 8 Company.
Time Taken for Registration an NGO in India
The time taken for registering an NGO in India can vary depending on the type of NGO and the efficiency of the registration process. Generally, it can take anywhere from one to six months or even longer, depending on several factors such as:
- Type of NGO: The time required may differ based on whether you are registering the NGO as a Trust, Society, or Section 8 Company.
- Completeness of Documents: If all the necessary documents are prepared accurately and submitted promptly, it can expedite the registration process.
- Name Approval: The time taken for name approval can vary depending on the availability of the proposed name and the respective authority's workload.
- Verification and Approval Process: The verification and approval process by the respective authorities can also impact the registration timeline. Some authorities may have quicker processing times than others.
- Additional Approvals: If your NGO requires additional approvals, such as 12A, 80G, or FCRA registration, the overall registration process may take longer.
- Jurisdiction: The time taken for registration can also be influenced by the state's jurisdiction and local administrative procedures.
Requirement of various Licenses after NGO Registration
After the successful registration of an NGO in India, it may require various licenses and certificates depending on its activities and eligibility for specific benefits and exemptions. Some of the common licenses and certificates are as follows:
- 12A Certificate: This certificate is issued by the Income Tax Department and provides tax exemption to the NGO on its income. It allows the NGO to receive tax-deductible donations from donors.
- 80G Certificate: The 80G certificate is also issued by the Income Tax Department and allows donors to claim tax deductions on donations made to the NGO.
- FCRA Registration: If the NGO plans to receive foreign contributions or grants, it must obtain registration under the Foreign Contribution Regulation Act (FCRA) from the Ministry of Home Affairs.
- NITI Aayog Registration: To be eligible for government schemes and grants, NGOs may register with NITI Aayog (National Institution for Transforming India).
- CSR-1 Certificate: NGOs working in the area of Corporate Social Responsibility (CSR) may obtain a CSR-1 certificate, which is issued by the Ministry of Corporate Affairs to receive CSR funds from companies.
- E-Anudaan Registration: NGOs undertaking projects under the E-Anudaan platform can register to receive financial assistance from government agencies.
- PAN (Permanent Account Number): Every NGO is required to obtain a PAN for carrying out financial transactions and for tax-related purposes.
- TAN (Tax Deduction and Collection Account Number): If the NGO is liable to deduct TDS (Tax Deducted at Source) on payments made to employees or contractors, it must obtain a TAN.
- Professional Tax Registration: Depending on the state where the NGO operates, it may need to register for professional tax if it employs staff.
- ESI (Employees' State Insurance) Registration: If the NGO has a certain number of employees, it may need to register for ESI to provide social security benefits to its employees.
- GST (Goods and Services Tax) Registration: Many people think that, if they register an NGO, they will not require GST Certificate but it’s a myth. If the NGO's annual turnover exceeds the prescribed threshold, it must register for GST.
- Other Licenses and Permits: Depending on the nature of the NGO's activities, it may require other specific licenses or permits from relevant authorities. For Example, if an NGO does such food-making activities, Food License under FSSAI may require.
The hiring of Vakilkaro for NGO Registration
Hiring Vakilkaro for NGO registration in India can greatly simplify the process and ensure a smooth and efficient registration experience. Vakilkaro is a professional legal service provider that specializes in assisting individuals and organizations with various legal matters, including NGO registration. Here's how hiring Vakilkaro can benefit you:
- Expert Guidance: Vakilkaro provides expert guidance and consultation throughout the NGO registration process. They help you understand the different legal structures available (Trust, Society, or Section 8 Company) and assist in choosing the most suitable option based on your NGO's objectives and activities.
- Document Preparation: Vakilkaro's team of legal experts takes care of preparing all the necessary documents required for NGO registration. This includes drafting the Memorandum of Association (MOA), Articles of Association (AOA), Trust Deed, Rules and Regulations, and other essential paperwork.
- Compliance and Legal Formalities: Vakilkaro ensures that all the legal formalities and compliance requirements are met during the registration process. They help in getting the documents notarized and attested, ensuring accuracy and adherence to the law.
- Online Application Filing: Vakilkaro handles the entire online application filing process with the relevant authorities, such as the Registrar of Societies or Registrar of Companies (RoC), making sure the application is correctly submitted within the stipulated timelines.
- Timely Updates: Vakilkaro keeps you informed about the status of your application and provides timely updates on any developments or requirements during the registration process. This regular communication helps you stay updated and reduces any uncertainty about the progress of your NGO registration.
- Efficiency and Expertise: With Vakilkaro's experienced team handling the registration process, you can expect a high level of efficiency and expertise. They are well-versed in the legal procedures and requirements, ensuring that your application is submitted accurately and without any delays.
- Smooth and Hassle-Free Process: By engaging Vakilkaro, you can avoid the complexities and potential challenges of navigating the registration process alone. They take care of all the paperwork and interactions with government authorities, making the process smooth and hassle-free for you.
- Compliance with Legal Formalities: Ensuring compliance with legal formalities is crucial for successful NGO registration. Vakilkaro's professionals are well-informed about the relevant laws and regulations, and they ensure that your NGO's registration is in full compliance with the applicable norms.
- Focus on Your NGO's Mission: By delegating the registration process to Vakilkaro, you can concentrate on your NGO's core mission and activities. You can invest your time and energy in making a positive impact on society while leaving the legalities to the experts.
- Post-Registration Support: Vakilkaro doesn't just stop at registration; they also provide post-registration support and guidance. This includes assistance with obtaining necessary licenses, tax-related matters, and other post-registration formalities.
Overall, hiring Vakilkaro for NGO registration offers you peace of mind, knowing that your organization's legal matters are in capable hands. Their expertise, efficiency, and commitment to excellence make the registration process a seamless and successful endeavor, allowing your NGO to begin its journey of serving the community and making a difference in the lives of others.
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+91 9828123489
help@vakilkaro.co.in