NGO stands for Non-government organizations which are formed to support the underprivileged sections of the society and help in the management of different issues such as social, cultural, legal, and environmental, art, science etc. There is no intervention from government in the functioning of these NGOs. People voluntarily give their name to contribute to the functioning of the NGO. In this blog we will discuss about the NGO registration.
Topics covered under this blog:
a. What are the types of NGO registration?
b. What is the process of NGO registration in the form of trust?
c. What is the process of NGO registration in the form of society?
d. What is the process of NGO registration in the form of section 8 company?
What are the types of NGO registration?
In India, NGO registration can be done in three ways. The Indian Trusts Act, 1882, Society Registration Act, 1860 and companies Act, 2013 governs the NGO in the form of Trust, society and Section 8 Company respectively.
Further, we will look into the procedure of forming these NGOs-
What is the process of NGO registration in the form of trust?
For NGO registration in the form of trust you need to clarify the following-
1. Purpose of creating a trust
2. Idea behind the trust
3. Beneficiary details
4. Properties of the trust assigned by the assignee
Further below mentioned steps will be carried out for NGO registration:
· STEP1: Naming an NGO
The first step is to come up with the name for your NGO
· STEP2: List of members of the trust
You need to specify, who will be the settler, trustees (at least 2) and beneficiaries for your NGO.
· STEP3: Memorandum of Association (MoA)
You have to frame a Memorandum of Association (MoA) and trust deed which must include all the key provisions and clauses. Trust deed is executed on the stamp paper that should be of value in accordance with the laws prescribed by the government.
· STEP4: Submission of signed deed
All the trustees and settler has to sign the trust deed, and register it with the local registrar of the area, where the NGO will be functional.
What is the process of NGO registration in the form of society?
There are certain steps that need to be followed for the NGO registration in the form of society-
· STEP1: Naming the Society
The first step is to select the name for your NGO.
· STEP2: Formation of Governing Body
You need to decide upon the governing body of the proposed trust.
· STEP3: Memorandum of Association (MoA)
Then you are required to make the memorandum of Association and by-laws of the proposed society. It consists of all the rules and regulations in relation to the registration and operation of the Society.
· STEP4: Submitting Documents
At last, you just need to submit the MoA (Memorandum of Association), documents regarding the rules and regulations of an NGO, and other registration documents.
You have to submit all these documents with the registrar of the state, where the proposed NGO will be operating.
What is the process of NGO registration in the form of section 8 company?
Below are the steps to be followed for the NGO registration in the form of section 8 company registration-
· STEP1: Obtaining the Digital signatures
The first step is to obtain the digital signatures for all the proposed directors of the company. These digital signatures will be required to sign the application of incorporation and few other related documents.
· STEP2: Naming the Section 8 Company
There is a RUN service available on the MCA portal, which you can use for the name approval of the NGO. You will be allowed to propose 2 names for the proposed Company.
· STEP3: SPICE form
This is the main step under which incorporation application is filed in SPICE form along with the necessary documents like MoA (Memorandum of Association), AoA (Article of Association) of the company. If the proposed directors of the company do not posses DIN then they can directly apply for DIN (Director Identification Number) through SPICE form.
· STEP4: Form INC-12
You need to submit an online application in Form INC-12 to the respective ROC to get the license issued.
· STEP5: Formation of an NGO
After the proper inspection of the application of registration by ROC, License will be issued; along with the Company’s PAN&TAN number.
Hope you have a clearer picture regarding the NGO formation in India.
For more information please contact Enterslice.