NGO Registration- Register a Trust, Society, or Non-profit Company

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What is an NGO?

Non-Governmental Organizations (NGOs) or Non-Profit Organizations (NPOs) are organizations, groups, non-profit establishments, non-profit individual entrepreneurship, activist, voluntary and social persons that fundamentally work to ameliorate society. An NGO is operating unaccompanied by any government.

Typically, it is an organization of people and groups who work for social change on specific issues.  

Is it mandatory to register an NGO?

Registering an NGO is not mandatory. However, it is advisable to register your NGO to obtain all sorts of support. For instance, a recognized or registered NGO can avail financial assistance from the government authorities.

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Why to Register an NGO?

Though NGO registration is not mandatory, to avoid any issues, circumstances, and reasons, it is wise to register an NGO due to the following reasons,

Allow you to obtain funds and support from the organizations, government departments, and ministries.

To obtain the funds, and donations an NGO requires a legal status for accountability. 

To open a bank account on NGO’s name registration is mandatory. Thus, it allows you to save and deposit money/funds in the bank which would be helpful to manage and organize an event.

Allow you to receive the assets in the name of the NGO, unlike an unregistered NGO (where assets can be received in the name of an individual/s). Thus, it emphasizes the development of systemized functioning and thinking.

An NGO certificate allows you to avail benefits such as rebatement and technical support from government departments, organizations, and ministries to get resources, assets, and items.

NGO registration permits you to receive funds and support from the foreign. Though, you need to obtain permission for the same under the Foreign Contribution Regulation Act (FCRA).

Provides you benefit of tax rebate for its bank deposited funds and can avail the benefit of donor's Tax exemption. Simply fill the application form from the Income Tax Department.

What are the Different Types of NGOs?

Forms of Trust, Society, and Non-profit Company are known and recognized as NGOs. However, the main differences between Trust, Society, and Non-profit Company are the establishment, registration, and management process.

1. Trust
  • Formed under the Indian Trust or Bombay Public Trusts Act.
  • The Sub-registrar of registration or Charity Commissioner is the registration authority.
  • If the name does not fall under Emblem Act, name approval for the Trust is not required.
  • No limitation on the establishment of a Trust having the same family members. Some ministries, departments, and funding agencies reject the Trustee’s funding, which comprises family members as its Trustee.
  • To establish a Trust, at least two trustees are required. However, there are no restrictions on the maximum number of trustees.
  • A Trust could receive funding from the government agencies or ministries and government departments if it withstands specific terms.
  • Since there are no regulations concerning the foreign members to be or not to be members thus, foreign members can be Trust members.
2. Non-Profit Company
  • A non-profit company is established under the Companies Act.
  • A registrar of the company (ROC) is the registration authority.
  • Before registration of the non-profit company, you are required to obtain name approval from the ROC.
  • No restriction on being the director of the company. However, like a Trust, specific ministries, government departments, and funding agencies can not approve the funding for the non-profit company possessing members of the family as directors.
  • To commence a non-profit company, you must have at least two directors.
  • A non-profit company has the prospect of funding.
  • In a non-profit company, a foreign can become its member.
3. Society
  • The Society is registered under Societies Registration Act, 1860.
  • Registrar/ Deputy Reg. of the Societies of the concerned State or Charity Commissioner is the registration authority.
  • The Society’s name can be approved if any other NGO is not registered with the specific name in the particular jurisdiction of the registration. On the other hand, the name approvable is not possible if any other Society is already registered with the registrar.
  • In a society, members of the same family can not be their members.
  • To establish a Society, you must have at least seven members.
  • A Society is eligible to get funds if it fulfills the terms of funding agencies, ministries, and government departments.
  • A foreigner can be a member of Society.

Benefits of an NGO Registration

Easy Access to Funds and Support

It is unchallenging to acquire funds and support from government organizations, ministries, and departments after registeration of an NGO.

Further, a registered NGO can receive funds and support from foreign too. Although, for this, you are required to obtain the temporary or permanent registration certificate under Foreign Contribution Regulation Act (FCRA).

Thus, it is clear that a registered NGO has more credibility and opportunities to acquire funds and support from government and funding agencies.

Tax Rebatement/ Tax Exemption

An NGO registered with the Income Tax Department is liable to receive a tax rebate for its funds and tax exemptions for its donors. Thus, an NGO should acquire the certificate under 12A and 80 G before the NGO registration for tax exemption.

Easy Access to Assets or Resource

It is unchallenging to receive the assets/resources to manage and perform a social task for a registered NGO as they can access the required assets under the NGO’s name. However, an unregistered NGO has to receive assets/resources individually. 

Thus, the registration status of the NGO results in the development of systemized thinking and functioning.

Unchallenging to Open the Bank Account

For a registered NGO, it is effortless to open a bank account in its name as a bank requires a Memorandum of organization, registration certificate, etc., to manage, operate and hold the bank account.

a girl donating clothes to an NGO

Documents Required To Register an NGO

The document requirements to register an NGO could be different, depending on different types of NGOs.

Trust

  • Submit the identity proof and address of a minimum of trustees and settlers.
  • Submit the photographs of the settlers and trustees (passport size).
  • You are required to submit the Memorandum as a Trust Deed as per Trust Act and other related acts. Also, add the by-laws and Aims.
  • Objectives in the Trust Deed.
  • Address proof of the Trust Registered Address.
  • If the trust is rented, you are required to submit the NOC from the landlord.

Section 8 Companies

  • Name approval of the company.
  • Submit the Identification and address proof of directors.
  • Address proof of registered office.
  • If on rent, you are required to submit the NOC or Rent Agreement.
  • INC-14 declaration by professional and INC-15 declaration by promoters (should include the stamp from notarised authority).
  • Memorandum of Association (MOA) and Article of Association (AOA).

Society

  • Name of society.
  • Identity proof of the members.
  • You are required to submit a replica of the MOA and by-laws of the society.
  • Proof of registered office.

NGO Registration Process in India

1. Registration of an NGO Under Trust Act
  • First, you need a name for your NGO.
  • You need to submit the Aims and Objectives of the NGO. If the founder focuses on a particular aim and objectives or desires to focus on a specific issue, these should be highlighted as the principal objectives.
  • Also, you should include the general social welfare and social development-related projects.
  • To commence a Trust, you must need at least two members. However, there are no restrictions on the maximum limit of the members or trustees.
  • You are required to form the Executive body of the Trust after the completion of the registration process (it is necessary to mention the name and designation of the members of the Executive members in a Trust Deed).
  • When submitting documents to the concerned registrar’s office, a founder and Settler or Author of the Trust should be present.
  • In some states, all the members, excluding Settlor, need to present physically. The thumb impression and photographs will be taken by the bureaucrat and included in the Trust Deed.
  • At last, submit the registration fee, which could differ depending on the movable and immovable property as referred to in the Trust Deed or Memorandum.
  • Additionally, you can submit the payment in cash, in the form of Demand Draft and E-payment.
  • As you submit the Trust Deed of a Trust, the passport size photograph and thumb impression will be added to the Trust Deed.
2. Registration of Society
  • The primary step to register a society is to choose a unique name.
  • The name you have chosen should not fall under the category of a restricted list of names according to the Emblems and Name Act, 1950.
    Develop a Memorandum of Association (MOA) to specify the rules, regulations, objects, and by-laws. Its founding members should sign it in the presence of Oath Commissioner, Gazette officer, Notary Public, Advocate, Chartered Accountant, or First Class Magistrate.
  • Submit the essential documents such as,
  1.  Cover letter requesting for the registration of society along with the signature of each founding member.
  2. Proceeding of meeting.
  3. Submit the replica of the duly passed resolution for the Society’s registration.
  4. Statement regarding the President of Society.
  5. Identification proof as address proof of each member.|
    At last, submit the documents to the registrar of the concerned State along with submitting the fees.
3. Registration of NGO Under Section 8
  • To check the availability of names, fill the Form INC-1 in the absence of “limited” or “Private Limited” at the end of the company’s name. When filling the form, you need to submit the fee (it is advised to add three more names if the name you have chosen is not available).
  • After confirming the name, you need to write an online application in E form 24A to the regional director of the company law board affixing three photocopies of MoA and AOA. MoA and AOA should be signed by each promoter, including the details such as their name, occupation, and address.
  • Then, a declaration (on prescribed stamp paper) must be made by the Chartered Accountant declaring that all the provisions have complied. Along with this, affix the three photocopies of the list comprising the name, address, and occupation of the partners and board members.
  • During application submission or within seven days of application submission, you are required to submit the statement representing the estimated value of all the assets and liabilities. It should also include information concerning the source of income, the estimated value of future net income, and expenditures.
  • Now, submit a brief description of the proposed work to be done after the company’s registration.
  • Each person should declare that they are signing the application willingly, not under any pressure or influence. This should also state that these individuals have a sound mind and are not sentenced by the court for any crime.
  • Further, you need to submit the photocopy of the application and other documents to the Registrar of the Companies of the concerned State (supposedly location of the office).
  • Within the seven days of the application submission to the regional director of the company law board, you must publish a notice in a prescribed format in an ordinary regional language newspaper and the English newspaper of the State.
  • Within 30 days, the regional director will review your application. In case of no demur, the regional director will consult the same with concerned authorities or departments or ministries to ascertain whether you should obtain the registration or not.
  • Also, the regional director has the authority to recommend modifications, alterations, or deletion in Memorandum or AOA.
  • You are required to fill the RD-1 form as an additional requirement to obtain the license.
  • After procuring the license, incorporate the company by filling the online application form of INC-7, INC-22, and DIR-12 or INC-22 and DIR-12 accordingly.

Our Role in NGO Registration

Our expert team will assist you in documentation to avoid inaccuracy and ensure a smooth procedure.

We guarantee to provide you with complete support and assistance throughout the registration process.

We will help you to understand which registration type is appropriate for you.

Our NGO registration experts will ensure complete procedural actions to prevent rejection of the application or delay application submission.

We will guarantee to provide you with the most acceptable solution in case of any query to register an NGO.    

consultancy firm working for NGO registration

Conclusion

NGO registration is not a big deal, but how to register an NGO and under which Act and laws an NGO will be registered, and what is the aim and objectives to register an NGO need to include. All these come with new challenges such as improper documentation, filling the wrong information in the registration form, whatnot.

Consequently, it could be the reason for the rejection of the application and the delay in registration that a member of any NGO won’t prefer. 

However, JR Compliance guarantees to make the process of NGO registration unchallenging by providing you proper assistance to register an NGO. Along with this, we will ensure appropriate follow-ups and convenience for our clients because we don’t believe in selling our services but in providing you high-standard services, ensuring complete satisfaction.

Contact us immediately for high-standard services and assistance from our experts.

Have Questions? We've got answers.

What is CSR?

CSR stands for “Corporate Social Responsibility,” which is a kind of international private business self-regulation with the objective to contribute to social goals.

When an NGO is eligible for government funding?

As prescribed, NGOs must register themselves at NGO Darpan to procure government funding.

Do I need to own office property for NGO registration?

No, you can also commence an NGO on rental/lease property. However, you must submit the NOC from the actual owner of the property.

Is the Indian Trust Act 1886 applicable in Jammu and Kashmir?

Yes, the Indian Trust Act 1886 is applicable in Jammu and Kashmir.

Who all can be the members at the time of NGO registration in India?

Below-mentioned can be the members at the time of NGO registration,

  • An Indian residence, 
    Non-resident of India (NRI),
  • Registered partnership firm,
  • Limited partnership firm (LLP),
  • Company registered under Companies Act, 2013,
  • Registered society.|

    The requirements at the time of an NGO registration can be different depending on the type of NGO (Society, Section 8 Company, and Trust). 
What is an 80g registration or certificate?

Section 80g under Income Tax Act, allows an NGO to claim donation tax benefits made to a charitable institution. However, as per the new guidelines of the Finance Act 2020, a Trust or other institutions must renew the 80g certificate after every 5 years.

What is 12A registration?

It is a tax exemption granted by the Income Tax Departments to NGOs on their surplus income. Though, an NGO must renew the 12A certificate after every 5 years, as per new guidelines of the Finance Act, 2020. 

Who runs or operates an NGO?

An NGO can be run or operated or governed by the members and other individuals in association with the NGO and who want to work for social and ethical objectives.

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