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The timeline for NGO registration in India generally depends upon the structure of the NGO chosen:
NGO registration under Section 8 of the Indian Companies Act
NGO registration under the Indian Trust Act
NGO registration under the Societies Registration Act
People aiming to switch to a social work pattern can fulfil their urges through NGO registration in India. Setting up an NGO, which stands for Non-Government Organization, can be simplified through the cost-effective services offered by Corpfilings.
NGO registration in India requires detailed knowledge about what an NGO is, how it works, registration requirements, and the NGO registration process that must be carried out in India.
NGOs in India are non-profit government organizations that work as catalysts. They usually aim to promote society's welfare by addressing educational, healthcare, environmental, religious, human rights, and other social issues prevalent in and corrupting India's social environment.
The social workers aiming at the NGO registration are free to choose on the basis of several classifications as provided below:
Classification based on the level of orientation is further classified into charitable orientation, service orientation, participatory orientation, and empowering orientation;
Classification based on the level of operation is further classified into community-based organization, city-wide organization, national, and international organization;
Classification based on the structure of the NGO, which is further classified into charitable Trust, society, and company under section 8;
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NGOs are normally known as state-independent groups that voluntarily aim to solve the issues and agendas of society. Generally, the NGOs in India can run even without carrying forward the registration process. But, we prefer you to register your NGO to enjoy the following benefits:
Choosing the right method for NGO registration in India totally depends upon the type of NGO, where the social workers can secure their rights for NGO registration under reserved methods. The Indian law doesn’t guarantee any single Act or law for securing the NGO registration process; hence, it provides a detailed structure for NGO registration under the following three different legal methods providing for:
A trust is a form of charitable non-profit organization that is allowed to be registered as an NGO under the Trust Registration Act of 1882. A trust is mainly organized to benefit certain people for a charitable cause. The sub-registrar office of the Revenue Department under the Indian Trust Act of 1882 is organized to govern the process of NGO registration through the formation of Trust in India. Many states in India, including Maharashtra and Gujarat, have their own Trust laws for governing the affairs of the NGO.
Society refers to an association or group that combines to deliberately work and promote a common cause. Section 20 of the Societies Registration Act of India aims at the following purposes for which a society must be formed as an NGO.
Gaining charitable assistance, promoting literature, science, arts, useful knowledge, funds for military orphans, public museums, etc., are the key roles a society must register for.
Section 8 of the Companies Act of 2013 aims to establish a limited liability company for the social welfare of society. The working pattern of the Section 8 Company is somehow similar to the conventional businesses, but the goal of advancing public welfare is a point of difference between the two. Even the profits accrued during the operation of the non-profit business are used in another mission and hence are not distributed among the shareholders.
The NGO Darpan portal, an initiative of the National Informatics Centre and NITI Aayog, allows the registration of charitable associations, non-governmental organizations, and other voluntary organizations. The NGO Darpan registration in India is designed to promote strong collaboration between NGOs and governmental and international foreign contributors under the FCRA, which stands for the Foreign Contribution (Regulation) Act of 2010.
The checklist required to be maintained by social workers in India is divided into legal requirements for the NGO registration into a Trust, Society, and Company under Section 8 of the Companies Act of 2013. The following are the legal requirements for registering an NGO as a Company under section 8 of the Companies Act, as a trust under the Trust Registration Act, and as a Society under the Societies Registration Act of India:
The process of NGO registration in India is governed by various laws entailing different documentary requirements under the provisions of the Indian Trust Act of 1882, the Societies Registration Act of 1866, and the Companies Act of 2013.
The Indian Trust Act of 1882 allows the registration of an NGO as a trust along with the following documents:
The Societies Registration Act of 1866 requests the list of following documents for NGO registration in India in the form of society:
The social workers aiming for NGO registration in India must mandatorily fulfil the following documentation requirements as prescribed under the Companies Act of 2013:
Most social entrepreneurs widely search for NGO registration in India and the governing laws that secure the NGO registration process. The NGO registration process runs similarly for a profitable and non-profit business in India. The list of documents required for processing the NGO registration in India contains the following generalized documents:
Gather the necessary documents and get them verified for the incorporation process.
In the first step, we ensure that the structure or the type of NGO registration required in India is depicted. The determination of the structure of the NGO has to be done based on the legal requirements (including the object and mission) of the organization.
The NGOs in India mainly aim at offering services (like constructing schools, medical treatment facilities, etc.); resolving social issues (like raising public awareness, equal rights, clean air, safe drinking water, etc.); working for human rights (like advocating for the fair and equal treatment, etc.); and research to better understand the causal difficulties of the nation. In simple, understanding the social cause is necessary for determining the structure of the NGO.
The next step mandatorily requires issuing the Director Identification Number for the potential directors of the company or the Digital Signature Certificate in case an NGO registration in India is carried out in the form of Section 8 Company. The issuance of the DIN can be carried through the successful filing of Form DIR-3, and the DSC Certificate either in the Class 2 or Class 3 category.
In the next step, we at Corpfilings ensure that the necessary online NGO registration forms are filed, such as Form DIR-12 for the appointment of directors, Form DIR-2 for obtaining the directors' consent, Form DIR-3 for applying to the Registrar of the Company for the DIN, Form INC-14 for the declaration from the practising Chartered Accountant, and Form INC-16 for ensuring the license for the incorporation of an NGO.
In the next step, we prefer the directors, trustees, or the members of the Section 8 Company, Trust, or Society respectively to choose and decide upon a name for the registration of an NGO in India. The name of the NGO can only be reserved in case it fulfils the conditions providing for a novel, unique name that should not resemble or portray the government of India or the already trademarked names.
Corpfilings, in the next step of NGO registration in India, ensures the preparation and filing of the Incorporation documents in the form of MOA through Form INC-33, AOA through Form INC-34, By-Laws, and the Trust Deed. The Memorandum of Association and the Articles of Association must be drafted to contain information regarding the goals and policies of the Section 8 Company. The Trust Deed, which is a memorandum for the Trust, must contain information about the object of the Trust, trustees, registered office address, general clauses, etc., and the By-Laws containing rules and regulations for the registration of Societies.
The next step ensures the payment of the NGO registration fees, which depends upon the structure of the NGO chosen under the provisions of the Indian Companies Act, the Indian Trust Act, or the Societies Registration Act. The NGO registration fees, which generally include administrative expenses, legal fees, and expenditures, are paid in addition to the documents submitted, varying from state to state. The NGO registration fees are mainly governed by certain factors providing for the size of the NGO, the work pattern of the NGO, the kind of work carried out in the NGO, and the regulatory environment of the NGO.
The NGO registration in India mandatorily provides for filing the registration application form to complete the entire procedure of registering either a Trust, Society, or Section 8 Company. The procedure of applying can be done either through the online portal or the respective authorities such as the Registrar of the Societies (for the NGO registration as a society), the Registrar of the Trust (for the NGO registration as a trust), and the Registrar of the Companies (for the NGO registration as a section 8 company).
The respective registration authority issues a certificate of registration after successfully reviewing and approving the duly submitted and signed application form. The Certificate of registration issued for the formation of a Society, Trust, or Company acts as Conclusive proof. The issuance of the Certificate of Registration for the Section 8 Company also allows the issuance of a license under Form INC-12.
The social workers must also comply with certain NGO registration requirements in India. The legal mandates for completing the successful registration process in India include the following:
We at Corpfilings guarantee end-to-end business solutions through the registration of all Indian and global companies. Corpfilings has a team of the largest business professionals with expertise in the industry and the laws governing company registration and regulation in India. The services ensured by Corpfilings maintain a client rate retention of up to 99.4%. Corpfilings is dedicated to registering thousands of NGOs in India and fulfilling philanthropic dreams.
The process of NGO registration in India depends upon the choice of the structure of the NGO. The generalized NGO registration process provides for the issuance of DIN and Digital Signature Certificate, filing of online NGO registration forms, name reservation, preparation of the NGO incorporation documents, the payment of the NGO registration fees, and filing of the registration application to receive an NGO registration Certificate.
The cost of NGO registration in India basically varies according to the structure of the NGO. The registration cost also includes various other charges like administrative, legal, and other professional costs mandatory for successful compliance with the NGO registration guidelines of the Indian government.
A minimum of 2 members are required for successful NGO registration in India which may vary according to the structure of the NGO.
No, one person cannot form an NGO. Hence, at least 2 members are mandatorily required for NGO registration in India.
Any person, or body of individuals, institution, etc. who are of legal age, competent to contract, and dedicated towards social work are eligible for NGO registration in India.
The company under section 8 of the Companies Act, a Trust under the Indian Trust Act, and the Societies under the Societies Registration Act are the three different types of NGOs registered in India.
Get in touch with our experts and initiate the process of registration and certification without any hassle.
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