NGO Registration

NGOs are established for noble causes, and the government provides tax exemptions to assist them in raising funds. Now is the opportune moment to register your NGO to avail of these benefits for your organization.

  • It must be a religious trust or a charitable institution.
  • Your organization must provide charitable services.
  • Your organization's accounts must undergo annual audit..

Contact Us

Your NGO Registration with NGOExperts

We have simplified the process for you and can be done online with NGOExperts in 3 simple steps:

First, we'll have a consultation with you to assess your NGO's needs & determine which services are necessary.

Step 1

Next, we'll guide you through the paperwork & legal requirements needed to register your organization.

Step 2

We'll work with you to ensure that your NGO is in compliance with all applicable laws & regulations, & ready to make an impact.

Step 3

Introduction

Non-Governmental Organization (NGO) registration is the formal process by which an organization gains legal recognition as a non-profit entity. This recognition is essential for NGOs to operate legally, access funding, and engage in various activities aimed at addressing social, environmental, or humanitarian issues.

NGO registration offers several benefits, including eligibility for tax exemptions or deductions, access to government grants or funding, and increased credibility and legitimacy in the eyes of donors, partners, and beneficiaries. However, the registration process can vary significantly depending on the country's legal framework and administrative procedures, which may involve lengthy paperwork, bureaucratic hurdles, and sometimes political considerations.

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.

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 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.

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.

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.

Popular FAQ's on
NGO Registration

As you register your non-governmental organization (NGO), there are several types of registration available. The most common types include trust, society, & section 8 company registration.
  • ● Trust registration is best suited for NGOs working towards social welfare.
  • ● Society registration is suitable for cultural, educational or charitable purposes.
  • ● Section 8 Company registration is ideal for NGOs aiming at promoting arts, science or other social causes.
  • Each registration has its own set of advantages & disadvantages, so it's important to research & choose the one that best fits your organization's mission & goals.

    To register an NGO, a minimum of three members are required. These members must come together with a mutual goal & vision for their organization. Once registered, an NGO must comply with certain legal requirements, including submitting annual financial reports & following specific rules & regulations. All in all, forming an NGO is a powerful way to drive social & environmental change, & can provide a meaningful avenue for individuals to work together towards their shared goals.

    From executive directors to grassroots volunteers, every position in an NGO is quite crucial to the success of an NGO. However, there are several top level & primary posts that are typically associated with NGOs. These include the board of directors, the executive director, program directors, fundraising & communications staff, & administrative support.
  • ● The board of directors helps to set the overall direction & strategy for the organization, while the executive director is responsible for managing day-to-day operations.
  • ● Program directors oversee specific initiatives, while fundraising & communications staff work to build relationships with donors & spread awareness of the organization's work
  • ● Finally, administrative staff keeps the organization running smoothly in areas like finance, HR, & IT.
  • Together, these positions & others form the backbone of NGOs & allow them to work towards their missions of creating positive change in the world.

    When deciding about registering a trust or a society, one must understand the differences between the two. A trust is a legal arrangement in which the assets are mostly held by a trustee on behalf of the beneficiaries. On the other hand, a society is an association of individuals who come together with a common objective or interest. The decision ultimately depends on the purpose & goals of your organization.
    It may be a bit more beneficial to form a trust for managing assets for the benefit of others. The formation of a society may be a better choice in case you are seeking to form a group around a common interest.

    If you wish to register your NGO in India, you have got a few options. One option is the Ministry of Corporate Affairs (MCA), which handles registration for all types of organizations, including NGOs. Another option is the Registrar of Societies, which registers the societies for various purposes, including charitable work. Also, some states may have their own registration processes for NGOs

    Government employees may be eligible to become trustees, depending on the specific circumstances & rules governing their employment. Generally, it is possible for a government employee to serve as a trustee as long as they are not using their position to benefit personally or disregarding their fiduciary responsibilities. However, there may be limitations on their involvement in certain types of trusts or with specific beneficiaries.

    Starting an NGO is a great opportunity to create positive change in your community, but it does come with upfront costs. The amount of money required to start an NGO can vary widely depending on the goals & scope of the organization. Some costs may include legal fees, registering as a nonprofit, hiring staff, renting office space, & fundraising expenses. It is important to create a detailed budget & fundraising plan to ensure the financial sustainability of the NGO.

    There are a number of government programs that offer financial support to NGOs working to make a positive impact on society.

    When registering an NGO, it is not mandatory to have an office & landline. But, a contact address is required to be provided for communication & other legal purposes. This address can be a registered office or the registered address of one of the members. Also, phone numbers, both landline & mobile are needed to be provided for contact purposes. So while it may not be necessary to have an office or landline, having a designated communication address & phone number is required for registering an NGO.

    Yes, it is. A trust is considered a separate legal entity and as such, is subject to its own tax liability. However, registering for 12A exemption can provide certain tax benefits and should be considered by trusts seeking to maximize their tax efficiency. It's important to seek professional advice when it comes to taxation and trust registration to ensure that all obligations and opportunities are taken into account.

    Newsletter

    Transform your NGO. Subscribe to our Newsletter.