Explain in detail NGO registration types in India

  • You must have seen the ads or heard about NGOs in India. NGO basically stands for Non-profit organizations. The purpose of setting up an NGO is to promote and support the underprivileged section of the societies which include issues such as social, cultural, legal, environment, art, science etc. These NGOs are operated on a voluntary basis by the citizens, with no interference from the side of the state or central government.

    Further, we will discuss the NGO registration types in India, how to register them etc.

    Different modes of NGO registration in India

    All the NGOs we see are registered under different acts and follow the rules and regulations accordingly.

    There are three modes of registering the NGO in India-

    • NGO registration in the form of trust (Regulated by The Indian Trusts Act, 1882)
    • NGO registration in the form Society (Regulated by the Society Registration Act, 1860)
    • NGO registration in the form of Section 8 Company (Regulated by the Companies Act, 2013)

    Let’s take a look at the different NGO registration process one by one.

    How do we register the NGO as a Trust?

    For trust registration in India, you need to follow the steps mentioned below-

    STEP1- Choosing a name

    The first step is to choose the name for an NGO

    STEP2- Deciding settlor, trustees etc

    The second step is to determine the settlor, at least 2 trustees and clearly mentioning the beneficiaries

    STEP3- MOA, by laws, trust deed

    You need to draft a MOA, by laws and execute the proper trust deed, specifying all the key provisions and clauses.

    STEP4- signing the deed

    The trust deed must be signed by all the trustees and settlor. And it must be registered with the local registrar of the area, where the office is located.

    How do we register the NGO as a Society?

     

    If you want to register your NGO in the form of Society, then you have to follow the below mentioned steps for society registration -

    STEP1- Choosing a Name

    The initial step is to come up with an apt name for your NGO

    STEP2-Governing body

    The second step is to decide upon the governing body of the proposed trust

    STEP3-MOA, by-laws

    In this step, you need to draft the MOA (memorandum of association) and by-laws of the proposed society, specifying all the rules and regulations regarding the operation of NGO.

    STEP4-Submission of documents

    Once you are done with the preparation of the documents, you have to submit these forms with the registrar of the society of state, where the NGO will be functioning.

    How do we register the NGO as Section 8 Company?

     

    Forming an NGO in the form of section 8 company requires you to follow a really simple procedure. Below is the step by step process of section 8 Company registration-

    STEP1- Digital signatures

    You need to obtain the digital signatures for all the proposed signatories. As these will be required to sign the application of NGO registration and other forms as well

    STEP2- Choosing a name

    For this, you can propose two names that must not resemble any of the already existing registered names. There is a RUN service available on the web portal of MCA, which can be used for this.

    STEP2- SPICE form

    The second step is to draft the AOA (Article of Association), MOA (Memorandum of association) and other required declarations.

    Along with this, you need to file the INC12 form with ROC for the issuance of the license.

    STEP3- Certificate of Incorporation

    Once you have submitted the application of registration, it will be thoroughly inspected by the authority. And the certification of Incorporation will be issued on approval.

    Source url - https://entersliceindia.weonea.com/blog/33597