OneClick Business Solutions

One Click Business Solutions is one of the leading legal firms in India, that is registered under the Companies Act, 2013 & our Corporate Identity Number is U74999DL2019PTC362211.

Get Your NGO Registration Quick & Easy

Through OneClick - India’s leading legal technology firm trusted by over thousand entrepreneurs.

Non-Governmental Organizations (NGOs) play a crucial role in India’s social development landscape. They serve as independent entities that address social, environmental, and educational issues, often filling gaps that the government and private sectors may not fully cover. An NGO can operate at the local, national, or international level, depending on its scope and objectives. In India, NGOs can be registered under various legal frameworks, including the Societies Registration Act, 1860, the Indian Trusts Act, 1882, or as a Section 8 Company under the Companies Act, 2013.

Request a consultation

Ngo Reg

Requirements for NGO Registration

The registration process and requirements for an NGO in India vary depending on the type of entity you choose to register. Here are the basic requirements for each type:

  1. Society: A Society is a membership-based organization, usually established to promote charitable activities. To register a society:
    • Minimum of seven members are required.
    • The organization must have a Memorandum of Association (MoA) and Rules & Regulations that outline its objectives and operational framework.
  2. Trust: A Trust is typically established for charitable, religious, or social purposes. The key requirements include:
    • A minimum of two trustees are needed.
    • A Trust Deed must be created, specifying the objectives and responsibilities of the trustees.
  3. Section 8 Company: This is a company formed with the objective of promoting arts, commerce, charity, or other social purposes. Requirements include:
    • At least two directors and two shareholders are needed.
    • Memorandum of Association (MoA) and Articles of Association (AoA) outlining the objectives and governance of the company must be prepared.
    • Approval from the Registrar of Companies (RoC) and a license under Section 8 of the Companies Act, 2013, are mandatory.

Why Choose to Form an NGO?

  1. Forming an NGO in India offers several advantages, making it an appealing option for those looking to contribute to social causes:

    1. Legal Recognition: Registering an NGO provides it with a legal identity, allowing it to own property, enter into contracts, and operate as a separate legal entity. This recognition is crucial for establishing credibility and trust with donors, government agencies, and the public.
    2. Tax Exemptions: Registered NGOs, particularly those with charitable objectives, can avail themselves of various tax exemptions under the Income Tax Act. These include exemptions under Sections 12A and 80G, which reduce the tax burden on the NGO and its donors.
    3. Access to Funding: A registered NGO is eligible to apply for grants, donations, and funding from both government and private sources. Many national and international funding agencies require NGOs to be registered to qualify for financial assistance.
    4. Structured Operations: Registration provides a clear operational framework, defining roles, responsibilities, and procedures. This helps in better governance and management of the organization.
    Perpetual Succession: NGOs, especially those registered as a Section 8 Company, enjoy perpetual succession. This means the organization’s existence is not affected by changes in membership or leadership, ensuring continuity in its mission and activities.

Documents Required for NGO Registration

The specific documents required for NGO registration depend on the type of entity being registered. However, some common documents include:

  1. Society Registration:
    • Memorandum of Association (MoA): Includes the NGO’s name, registered office address, objectives, names of governing body members, and other operational details.
    • Rules & Regulations: Defines the governance, membership, and operational procedures of the society.
    • Identity Proof: Copies of identity and address proof of all members (such as Aadhar card, passport, or voter ID).
    • Address Proof: Proof of the registered office address, such as a utility bill or rent agreement.
    • Affidavit: An affidavit from the president or secretary confirming the accuracy of the submitted documents.
  2. Trust Registration:
    • Trust Deed: The original Trust Deed, executed on non-judicial stamp paper, specifying the trust’s objectives, trustees’ names, and other relevant details.
    • Identity Proof: Copies of identity and address proof of all trustees.
    • Address Proof: Proof of the registered office address.
    • Photographs: Recent passport-sized photographs of the trustees.
    • NOC from the Owner: If the trust operates from a rented property, a No Objection Certificate (NOC) from the landlord is required.
  3. Section 8 Company Registration:
    • MoA and AoA: The Memorandum and Articles of Association, detailing the company’s objectives and governance.
    • Identity Proof: Copies of identity proof of all directors and shareholders.
    • Address Proof: Proof of the registered office address.
    • PAN Card: A PAN card for the company.
    • Director Identification Number (DIN): DIN for all directors.

Digital Signature Certificate (DSC): A DSC for at least one director to sign electronic documents.

Conclusion

Registering an NGO in India is a vital step toward formalizing your social, charitable, or educational efforts. Whether you choose to register as a society, trust, or Section 8 Company, understanding the requirements, documentation, and benefits is crucial. With the right approach, an NGO can effectively contribute to societal well-being and attract support from donors and funding agencies, ensuring long-term impact and sustainability.

FAQs - NGO Registration

What are the different types of NGOs that can be registered in India?

In India, NGOs can be registered as a Society under the Societies Registration Act, 1860, as a Trust under the Indian Trusts Act, 1882, or as a Section 8 Company under the Companies Act, 2013.

Is it mandatory to register an NGO in India?

While it is not legally mandatory to register an NGO, registration is essential for accessing tax benefits, receiving donations and grants, and establishing a legal identity.

How long does it take to register an NGO in India?

The time frame varies depending on the type of registration. Society and trust registrations can take anywhere from 15 to 30 days, while registering a Section 8 Company may take 30 to 45 days, depending on the state and the completeness of the documents.

What are the tax benefits available to a registered NGO?

Registered NGOs can apply for tax exemptions under Sections 12A and 80G of the Income Tax Act, 1961. These exemptions allow the NGO to reduce its taxable income and also provide tax benefits to donors.

Can foreigners be part of an NGO in India?

Yes, foreigners can be members of an NGO in India. However, NGOs receiving foreign contributions must comply with the Foreign Contribution (Regulation) Act (FCRA), 2010.

Can an NGO engage in commercial activities?

NGOs can engage in commercial activities as long as the profits are used for charitable purposes and not distributed among members. However, this is more feasible under a Section 8 Company.

What is the difference between a trust and a society?

A trust is typically managed by trustees and is formed primarily for charitable purposes. A society, on the other hand, is a membership-based organization managed by a governing body and can be formed for various social, cultural, or charitable purposes.

Request a consultation