NGO Registration

Quick Summary

NGO registration in India provides legal identity, tax exemptions, access to government and CSR funds, and global recognition. You can register as a Trust (for charitable work), Society (for member-led welfare), or a Section 8 Company (via MCA for nonprofit objectives). The process includes name finalization, documentation, and registration with relevant authorities—taking around 10–20 working days. Section 8 requires DSC, DIN, name approval, and filing SPICe+ forms. With expert support from NGOExperts, you get free consultation, complete drafting and filing, and guidance from registration to funding success.

NGO Registration - Introduction

In India, NGOs can be registered as a trust, society, or Section 8 company depending on their objectives. Societies are registered under the Societies Registration Act, 1860, with a minimum of seven members, and are usually set up to promote education, culture, art, or social welfare. Section 8 Companies, regulated by the Companies Act, 2013, work as not-for-profit companies and are preferred for their higher credibility, legal recognition, and ability to attract funding.

To gain legitimacy and access to government support, many NGOs register on the NGO-DARPAN portal of NITI Aayog, which allows them to apply for grants and even foreign contributions. Alongside this, NGOs often safeguard their brand through trademark registration and comply with tax requirements by obtaining GST registration when the turnover crosses the prescribed limit.

When considering NGO registration online, it can be difficult to know which type of organization is right for you. Depending on your goals, starting a Trust, a Society, or a Non-Profit Company (Section 8 Company) may be the best fit. Our team at NGOExperts can provide you with the knowledge & guidance you need to make an informed decision. Let us help you start your journey towards creating positive change for your community today.

Types of NGO Registration in India

Non-Governmental Organizations (NGOs) are vital players in India's social sector. However, before they can commence operations, NGOs must undergo a rigorous registration process with the government. There are three primary types of NGO registration in India, namely, Trust, Society & Section 8.

1. Trust

A trust is a legal arrangement where property or assets are held by a trustee for the benefit of others. In NGO registration, a public charitable trust is created where the trustees hold & administer assets for charitable purposes. It is the most preferred form of registration for NGOs that seek to work with philanthropic intentions. Trusts are governed by the Indian Trusts Act of 1882, which requires a minimum of two trustees & a trust deed that outlines the organization's objectives, mode of operation, & distribution of assets during dissolution.

• Easy Formation process
• Limited liability for trustees
• Can hold immovable property

2. Society

A society is not formed for the sole purpose of making a profit. Societies are membership organizations that operate within a particular set of rules & regulations agreed upon by its members. They are registered under the Societies Registration Act of 1860 & regulated by state authorities. Societies are ideal for NGOs that aim to support civic & welfare projects, as they require seven or more members to register, & the governing body must contain a president, vice-president, secretary, & treasurer.

• Flexible Governance Structure
• Easy to Modify Bylaws
• Can hold Immovable Property

3. Section 8 Company

Also known as a non-profit company or a section 8 company, this registration is preferred by NGOs that intend to carry out social, charitable, or philanthropic activities but are also concerned with the organization's long-term sustainability. Section 8 companies are created under the Companies Act of 2013 & have to be registered with the Ministry of Corporate Affairs. Unlike other types of NGOs, they can operate across India & are allowed to receive contributions from foreign donors. However, they must satisfy strict compliance requirements under the Companies Act, such as having a board of directors with a minimum of two directors.

• Tax Exemptions
• Legal recognition & credibility
• Greater sustainability

Choose NGOExperts for your successful NGO registration online & compliance needs & you can rest assured you're in good hands. Our team of legal experts will guide you through the NGO registration process with ease. Skip the paperwork & trust us.  

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Benefits of NGO Registration

Registering an NGO (Non-Governmental Organization) offers several benefits, including:

• Legal Recognition: Registering an NGO provides legal recognition to the organization & strengthens its credibility as a legitimate entity.
• Tax Exemptions: Registered NGOs can apply for tax exemptions, which results in significant cost savings & protection from financial penalties.
• Access to Funding: Many organizations & corporations prefer to fund registered NGOs as they believe these organizations are more credible & have a greater chance of executing their plans effectively.
• Eligibility for Government Programs: Registered NGOs are eligible to apply for government funding programs & receive support from NGO Darpan registration & various government schemes.
• Brand Value: Registration brings brand value to the NGO & improves its visibility & reputation in the community, which naturally attracts more supporters & donors.
• Enhanced Credibility: Registration builds the trustworthiness & credibility of an NGO in front of potential partners, collaborators, & donors.
• Liability Protection: Upon registration, the organization becomes a legal entity that is separate from its founding members, which provides protection from personal liability.
• Increased Efficiency: Registration streamlines the organization's operations & enhances its efficiency & productivity levels.
• Recognition by International Bodies: Registered NGOs are recognized by international development agencies & can participate in multilateral platforms & programs.
• Greater Impact: Registering as an NGO allows the organization to reach more people, make a greater impact, & bring real change to the community.

Eligibility for NGO Registration Online

When it comes to establishing a Non-Governmental Organization (NGO), there are certain criteria that must be fulfilled to be considered eligible for ngo registration.

• Non-profit nature: NGOs are required to have a non-profit motive, meaning that their primary objective should be to work towards social welfare & not for personal or commercial gain.
• Legal status: The NGO must be registered under the appropriate legal entity in their respective country. In India, NGOs can be registered under various legal entities such as Trusts, Societies, or Section 8 Companies.
• Memorandum of Association: The Memorandum of Association (MOA) is a legal document that outlines the objectives & rules of the NGO. The MOA must be drafted & submitted to the Registrar of Societies or Registrar of Companies, depending on the type of legal entity chosen.
• Board of Directors: Every NGO must have a Board of Directors who are responsible for the management & direction of the organization. The board members should be renowned & trustworthy individuals with relevant experience in the field of social work.
• Transparent Accounting: NGOs need to maintain accurate & transparent financial records. This includes maintaining proper books of accounts, submitting financial statements to the relevant authorities, & conducting regular audits.
• Activities: The NGO's activities must align with its stated objectives & should contribute to the general welfare of society. The activities should be in line with the local & national laws & regulations.
• No Discrimination: NGOs should not discriminate on the basis of caste, race, gender, religion, or any other factors. They must be open to & welcome all sections of society.

Documents Required for NGO Registration

To build a successful and sustainable NGO, you will need to submit the following documents:

• Registration Certificate: Trustees submit a Trust Deed, Societies use Memorandum of Association (MoA), and Section 8 Companies provide the Certificate of Incorporation.
• Identity Proofs: Provide PAN and Aadhaar of the NGO and its core members
• Address Proof: Submit a recent utility bill, rent agreement, or ownership document for your registered office, plus a NOC if the office is rented.
• Rules and Objectives: Societies share their Rules and Regulations, Trusts include objectives in the Trust Deed, and Section 8 Companies provide MoA and AoA.
• Activity and Financial Statements: Upload annual activity reports (last 1-2 years preferred) and audited financial statements if available.
• Bank Account Details: Provide proof of the registered bank account used for managing NGO funds.

Process of NGO Registration Online

Each type of NGO registration process requires adhering to a specific set of laws & procedures prescribed in the applicable act (trusts, societies, & section 8 companies). Here, at NGOExperts, we will offer you a detailed step by step process of each & every type of ngo registration.

1. Trust Registration

Step 1. Name of the Trust

The first step towards the registration of a Trust is deciding on a name for the Trust. The name should be unique & not identical or confusingly similar to the name of any other registered Trust or individual.

Step 2. Decide Settlers/Trustees of the Trust

According to the Indian Trusts Act, 1882, a Trust must have a minimum of two Trustees. The Settler should be a person who sets up the Trust, and the other Trustees should work for the goals & objectives of the Trust. Further, the Authors are individuals who prepare the Memorandum & Trust Deed of the Trust. The Settlers, Trustees, & Authors must be individuals of sound mind, over the age of 18, & must not be disqualified from entering into a contract.

Step 3. Form MOA for Trust

The Memorandum of Association (MOA) is a legal document containing the name of the Trust, its registered address, & the main objectives of the Trust. It must be drafted in duplicate.

Step 4. Draft the Trust Deed

When applying for trust registration certificate & drafting a trust deed registration, it is essential to include certain key elements:

• Name of the trust & its purpose.
• Trustees' names & roles.
• Beneficiary details & disbursement plans.
• Terms of appointment & resignation.
• Governance structure & decision-making process.
• Powers & limitations of trustees.
• Dispute resolution provisions.
• Accounting & audit requirements.
• Termination & winding up provisions.
• Amendment procedures & legal compliance.

Step 5. Submit the Trust Deed to Registrar

Once the MOA & Trust Deed have been drafted, they must be printed on non-judicial stamp paper of an adequate value, signed by the Settler & Trustees, & witnessed by two witnesses. The documents, along with the necessary affidavit, must be submitted to the Registrar of Trusts, along with the prescribed trust registration fees.

Step 6. Obtain Certificate of Trust Registration

Upon satisfactory scrutiny of the documents, the Registrar will register the Trust & issue a Trust Registration Certificate. The registration process usually takes around 7 working days but once completed, you can also look for the Trust Registration certificate download online.

2. Society Registration

Registering a society involves several steps:

Step 1: Filing of Application

The first step for society registration online is to file an application with the registrar of societies in the state where the society will be registered. The application must include an affidavit in a standard format along with relevant documents such as identity proof, address proof, account statements, etc.

Step 2: Drafting MOA & By-laws

The next step involves drafting a Memorandum of Association (MOA) & By-laws that need to be signed by three founding members of the society. The MOA outlines the objectives & goals of the society, whereas the by-laws provide the rules & regulations that govern the society.

Step 3: Board Resolution

A board resolution needs to be drafted, reflecting the consent of founding members for constituting the society. The board resolution should specify the office-bearers & their roles & responsibilities. This step is quite challenging so, you must seek professional assistance like NGOExperts & get it successfully drafted.

Step 4: Affidavit on Stamp Paper

An affidavit needs to be drafted on a stamp paper worth Rs 10, affirming the legitimacy of the society's name & address. The affidavit should be signed by the founding members of the society.

Step 5: Payment of Society Registration Fees

The final step of the society registration online process involves payment of the society NGO registration fees, which varies from state to state. Once the payment is made, the registrar issues a society registration certificate, indicating that the society is now a legal entity.

3. Section 8 Company Registration

Step 1: Digital Signature Certificate (DSC) & Director Identification Number (DIN)

To initiate the registration process, the first thing required is to obtain a Digital Signature Certificate (DSC) & Director Identification Number (DIN) for all proposed directors of the Section 8 company.

Step 2: Name Reservation

The proposed name for the online registration of Section 8 company should be unique & not similar to any existing company. The applicant must apply to reserve the proposed name via the RUN (Reserve Unique Name) form. On approval of the name, the applicant gets a name reservation certificate, which is valid for 20 days from the date of approval.

Step 3: Requisite Documents

The following documents need to be prepared & filed with the Registrar of Companies (ROC) for Section 8 company registration online:

• Memorandum of Association (MOA) & Articles of Association (AOA) of the company
• Declaration of the applicant in Form INC - 14
• Declaration of the proposed directors in Form INC - 9 & other forms
• Residential proof of the proposed directors
• Address proof of the registered office of the company
• Other relevant documents

Step 4: Submit Application & Pay Fees

After obtaining the name reservation certificate & preparing the necessary documents, the application for company registration under Section 8 must be submitted online on the MCA (Ministry of Corporate Affairs) portal. Select the Spice+ form option under the Service section & complete the requirements. The requisite Section 8 company NGO registration fees must be paid online.

Step 5: Verification & Approval

As the documents are processed & approved, the ROC will issue a certificate of registration. Congratulations! You are now a registered Section 8 company in India.

Classifications of NGOs for NGO Registration in India

NGOs are generally independent organizations. In India, NGOs can be classified based on their orientation and level of operation for NGO registration:

• Legal Structure: NGOs in India register as Trusts (under the Indian Trusts Act, 1882), Societies (under the Societies Registration Act, 1860), or Section 8 Companies (under the Companies Act, 2013) based on their rules and goals.
• Orientation (Nature of Activities): NGOs focus on charity (helping people directly), service (offering education, healthcare, etc.), or empowerment (advocating rights and policy changes).
• Level of Operation: NGOs operate locally (community-based), across states or nationally, or internationally, supporting global or local causes.

NGOExperts: Your Trusted Partner for Hassle-free NGO Registration!

NGOExperts offers seamless NGO registration & provides comprehensive assistance in all aspects of running a non-profit organization. Our team of experts has a deep understanding of the legal & regulatory framework governing the sector & helps NGOs navigate the complexities involved.

But why choose NGOExperts for your philanthropic endeavors:

• Expert guidance:Our team of experienced professionals provides expert guidance on all aspects of running an NGO, from registration to compliance.
• A personal touch: We are a people-focused organization & go the extra mile to understand your unique requirements & provide customized solutions.
• Time-saving: With our assistance, you can complete the registration process quickly & without any hassle, allowing you to focus on your NGO's cause.
• End-to-end solutions: We offer end-to-end solutions, from legal registration to fundraising, so that you can focus on your mission without worrying about administrative hassles.