NGO Registration

Expert NGO Registration Services in India - Trust, Society & Section 8 Company

Non-Government Organizations known as NGOs play a pivotal role for promoting social welfare activities namely education, medical relief, environmental preservation, animal welfare etc. However, operations of NGO activities in India can be done by a registered NGO only. NGO registration is the key step if you wish to register an NGO in India. NGO registration is not only a mandate but it is important to ensure credibility and transparency in NGO operations. NGO registration increases legitimacy in the eyes of donors and beneficiaries and also help attain tax exemptions.

However, the NGO registration process may vary depending on the structure of NGO you choose. NGOs in India can be registered under any of the three legal structures- Trusts, Societies or Section 8 Companies. While pursuing online NGO registration, you must first make clear the goals or objectives of forming NGO so that a perfect choice could be made out of these three alternative choices to suit your requirements. Our team of experts can guide you in your journey to excel your social aspirations. Taxwink team not only helps NGOs in incorporation process but also helps them comply in day-to-day legal and taxation compliances.

What is an NGO?

AN NGO is a non-profit organization which is formed by a group of people seeking some common social goals. The goals of an NGO are to promote social and charitable objectives including such as social welfare, poverty eradication, medical, education, research, culture, environmental conservation, animal welfare, religion etc. AN NGO generates revenue in the form of grants and charities and spends such revenue towards its social goals without any intention to make profits.

Type of Registration of NGO in India

An NGO in India can be incorporated in tree legal structures. These three types of legal structures of NGO registration in India are as below:

1. Trust Registration In India

The simplest and most cost-effective structure to register NGO in India is “Trust Registration”. Under Trust Registration, two or more persons execute and register a trust deed at sub-registrar office near his/ her location. In NGO registration, the trust so created is a public charitable trust where the trustees hold & administer trust assets for social and charitable objects. Minimum two persons are required to form a trust. In India, Trusts are regulated by the Indian Trusts Act 1882. Key features of Trust are:

1. Easy and Cost-effective
2. Limited liability of Trustees & Governing Body Members
3. Trust can acquire and hold properties in its own name

However, a Trust have a lesser recognition from the public perspective when compared with a society or a Section 8 Company. Thus, a trust is preferable only where charitable activities are intended to be undertaken at a limited level.

2. Society Registration in India

A Society is formed under the Societies Registration Act, 1860 by a group of people sharing common social vision. A society can be formed by seven or more members with the aim of promoting social or charitable objectives. Society can be registered online on the Registrar of Societies website maintained by each state. For registering a society online, Memorandum and a set of byelaws is to be drafted and approved from the Registrar of Societies. Key features of a Society are:

• Easy Governance through a Board of Members
• More democratic as compared to a Trust
• A society can acquire and hold properties in its own name
• Lesser compliances as compared to a Section 8 Company

3. Section 8 Company Registration in India

A Section 8 Company is a type of NGO which is registered with Registrar of Companies under the provisions of Section 8 of Companies Act, 2013. The company is formed with an intention to carry out objectives such as social, charitable, cultural, commerce, art etc. Since, a Section 8 Company is registered by RoC under Ministry of Company Affairs, it attains more credibility as compared to a trust or a society. A Section 8 Company can operate across India unlike other modes of NGOs. Key features of a Section 8 Company are as below:

• Better legal recognition & credibility in comparison to a trust or society
• More compliances and audit requirements under Companies Act
• Easy to get donations and grants
• Easier to get tax exemptions
• Flexible management through Board of Directors

You may rely on Taxwink team for hassle-free online NGO registration as a Section 8 Company. Our team of experts will not only complete all NGO registration requirements on your behalf but also guide you in timely taxation and legal compliances.

Minimum Requirements for NGO Registration

Documents required for NGO Registration

Each type of NGO registration process needs adherence to specific law such as a trust need to abide by the process prescribed under Indian Trusts Act whereas a Section 8 Company needs to follow the process of registration of NGO prescribed under the Companies Act, 2013. Our team of experts will guide you on How to register an NGO in India and help you process NGO registration online hassle-free.

 1.     Trust Registration Process

Step-1: Choose name of the Trust

The first and foremost step in trust registration is choosing a name for the Trust. The name you choose for the trust must be unique and not identical with any existing trust or NGO.

Step-2: Decide Settlers of the Trust

Minimum two persons (settlors) are required to form a trust. The settlor is the person who set up the trust. They need to draft the trust deed describing the objectives, rules & regulations for the trust. 

Step-3: Drafting of Trust Deed

Once decided upon the settlors of the trust, you need to draft a trust deed which will be executed before sub-registrar. The major components of the trust deed are:

(a)  Name of the Trust

(b) Trustee’s Names along with Father’s name/ Spouse name & address

(c)  Details of Beneficiaries

(d) Description of properties under trust

(e)  Objectives of trust

(f)   Structure of Governing body, terms & process of their appointment, resignation etc.

(g)  Powers & Duties of governing body

(h) Dispute Resolution & Arbitration process

Step-4: Execution of Trust Deed to Registrar

After drafting of trust deed, you need to take a print of the trust deed on non-judicial stamp paper of an adequate value, duly signed by the settlor & trustees, & witnessed by two witnesses.

Step-5: Register with Charity Commissioner

Merely execution of trust deed is not sufficient. If we need to gave a public status to the trust, the trust needs to be registered with Charity Commissioner in their respective city.

Step-6: Obtain PAN of Trust

Apply form PAN Card of Trust by filing application for PAN registration with the Income Tax Department. Obtaining PAN is a pre-requisite for 12A/80G registration.

Step-7: Apply for 12A & 80G Registration

Step-8: Apply for Niti Aayog registration or NGO Darpan Registration

2.     Society Registration

Registration of society involves the following steps:

  Step-1: Choosing name of the Society:

The first step in society registration is deciding upon the name of the society which is unique and not identical to the name of any existing society.

Step-2: Drafting MOA & Byelaws:

The next step in society registration is drafting of Memorandum of Association (MOA) & byelaws of the society. The draft MOA and byelaws are signed by founder members of the society.

Step-3: Filing of Application for registration with Registrar of Societies:

Once draft MOA and byelaws are ready, online NGO registration process shall be initiated on the State Government Portal. MOA and byelaws duly signed by the members of the society shall be submitted along with KYC documents of all the society members.

Step-4: Payment of NGO Registration Charges/ Fees

The Registrar of Societies scrutinizes the documents uploaded on the portal. If documents are found correct, the final step is to make payment of NGO registration charges/ fees as prescribed by the State Government. Once, the payment is made, the Registrar will issue a Registration Certificate of Society indicating name & address of the society with unique registration number.

Step-5: Register with Charity Commissioner

After obtaining Registration Certificate, application could be made with Charity Commissioner for registration of society. Generally, no fee is charged by Charity Commissioner but certain charges are involved for publishing a public notice in a local newspaper.

Step-6: Obtain PAN of Society

Apply form PAN Card of Society by filing application for PAN registration with the Income Tax Department. Obtaining PAN is a pre-requisite for 12A/80G registration.

Step-7: Apply for 12A & 80G Registration

Step-8: Apply for Niti Aayog registration or NGO Darpan Registration

3.     Section 8 Company Registration

Section 8 Company registration involves the following steps:

Step-1: Obtaining Digital Signature Certificate (DSC) & Directors’ Identification Number (DIN):

The pre-requisite of registering a Section 8 Company is DSC and DIN. For every proposed director of the company, we need to apply for unique Directors’ Identification Number. Further, Digital Signature need to be taken for every director as all incorporation forms are digitally signed before submitting those to Registrar of Companies (RoC).

Step-2: Apply for Name Reservation:

The next step in online registration of Section 8 Company is selection of suitable name for company which is unique and not identical to any existing company. Once, you have chosen suitable name, you need to file application to RoC for reserving the proposed name. Application for name reservation is made online through MCA Portal. Our team of experts will guide you in name reservation and company registration process in a professional manner.

 Step-3: Drafting MOA and AOA of the company:

For Section 8 company registration online, a number of key documents are to be drafted such as Memorandum of Association (MOA) & Articles of Association (AOA). Memorandum of Association is like charter of the company whereas Articles of Association lays out the rules & regulations relating to day-to-day functioning of the company.

 Step-4: Pay prescribed Government fees and file application for incorporation:

Once MOA and AOA are ready and other requisite documents including KYC documents of shareholders and directors are prepared, application for company registration shall be made online on the MCA portal. While applying for registration, you also need to pay prescribed Government fees.

 Step-5: Issuance of Registration Certificate:

If all documents submitted on MCA portal are found correct, the Registrar of Companies (RoC) of the respective state shall issue a Certificate of Incorporation. PAN & TAN will also be issued simultaneously along with Certificate of Incorporation.

 Step-6: Apply for 12A & 80G Registration of the Section 8 Company

 Step-7: Apply for Niti Aayog registration or NGO Darpan Registration

Taxwink has a team of experts who specialises in NGO registration and taxation compliances. Our team of expert will guide you towards successful registration of your NGO and help you understand the regulatory framework & day-to-day complexities relating to NGO functioning. We provide professional services for NGOs:

• Trust Registration
• Section 8 Company Registration
• Society Registration
• CSR Registration
• NGO Darpan Portal Registration
• 12A & 80G Registration
• Accounting for NGOs
• TDS & GST Filings for NGOs
• ESI & PF Filings for NGOs

"Let’s make your NGO’s foundation strong and your mission clear. Trust us to handle the paperwork, so you can focus on what truly matters: bringing positive change to the community."