NGO Registrations

Understanding NGO Registration in India

An NGO in India can be registered under three primary legal frameworks:​ClearTax

1. Trust Registration: Governed by the Indian Trusts Act, 1882, this structure is ideal for organizations aiming to manage charitable activities through a trust.​Company Avenue Advisory+2Wikipedia+2LawBhoomi+2

2. Society Registration: Under the Societies Registration Act, 1860, societies are formed by a group of individuals united for a common charitable purpose.​

3. Section 8 Company Registration: As per the Companies Act, 2013, this structure suits organizations intending to promote arts, commerce, science, religion, or charity without the intent of profit.​

Step-by-Step Guide to NGO Registration

1. Define Your Objectives

Clearly articulate the mission, vision, and objectives of your NGO. This clarity will guide the choice of the appropriate legal structure.​

2. Choose the Legal Structure

• Trust: Suitable for charitable activities managed by trustees.​

• Society: Ideal for a collective of individuals aiming for a common charitable goal.​

• Section 8 Company: Best for organizations focusing on promoting non-profit objectives with a corporate structure

3. Name Approval

Select a unique name for your NGO and ensure it doesn't conflict with existing entities. For Section 8 Companies, name approval is obtained from the Ministry of Corporate Affairs 

4. Document Preparation

• Trust: Draft a trust deed outlining the trust's objectives, details of trustees, and operational framework.​

• Society: Prepare the Memorandum of Association (MoA) and Rules & Regulations, detailing the society's objectives and governance.​

• Section 8 Company: Draft the MoA and Articles of Association (AoA), specifying the company's objectives and management structure.​

5. Registration Process

• Trust Registration:

  • Submit the trust deed to the local Registrar of Trusts.​

  • Pay the requisite registration fees.​

  • Obtain the registration certificate.​

• Society Registration:

  • File the MoA and Rules & Regulations with the Registrar of Societies.​

  • Ensure a minimum of seven members as subscribers.​

  • Pay the prescribed fees and obtain the registration certificate.​

• Section 8 Company Registration:

  • Obtain Digital Signature Certificates (DSC) and Director Identification Numbers (DIN) for proposed directors.​

  • Apply for name approval through the MCA portal.​

  • File incorporation forms along with MoA and AoA.​

  • Upon approval, receive the Certificate of Incorporation.​

6. Post-Registration Compliance

• Apply for PAN and TAN for tax purposes.​

• Register under Section 12A and 80G of the Income Tax Act to avail tax exemptions and allow donors to claim deductions.​

• Comply with annual filing requirements and maintain proper accounting records.​

Why Choose LegalCliq for NGO Registration?

• Expert Guidance: Our team provides personalized consultation to determine the most suitable legal structure for your NGO.​

• Comprehensive Support: From document preparation to liaising with authorities, we handle the entire registration process.​

• Compliance Assurance: We ensure your NGO meets all legal and regulatory requirements, safeguarding its operations.​