NGO's India

What are the key elements for NGO Registration?

What are the key elements for NGO Registration?

If you are planning for NGO registration, there are certain crucial decision that are required to be finalized beforehand.

1. VISION

In order to set up any kind of organization one must determine the vision for the it. A clearly set main objective helps the management to focus on the area of work and determines the area of operation.

2. STRUCTURE

Once you have finalized the area of operation you can determine the structure of the organization in which it will operate and will be most suitable for the vision for the proposed NGO registration.

3. GOVERNING BODY

In order to make sure that your nonprofit organization is working without any hindrance a governing body must be formed.

4. NAME

Before starting the procedure of NGO registration the promoters must decide a name for the organization with which it will be registered.

5. LOCATION & AREA OF OPERATION

For NGO registration the applicant must have a registered office address available. While registration copy of registered office address must be available along with a no objection certificate from the owner of the property.

6. DRAFT BY-LAWS

Following documents will include by-laws in case of different business models;

  • Trust Deed in case of Trust
  • Memorandum of Association By-laws in case of Society
  • Memorandum and Articles of Association ( MOA& AOA) in case of Section 8 Company.

What is the NGO Registration Procedure in India?

Here, we have provided a glimpse of NGO registration procedure for all the available legal entities.

Charitable Trust Registration Procedure in India

As per Indian trust Act following are the minimum requirement for NGO registration a s a Trust in India;

  • Clarity as to for what purpose it is created
  • Intention to create a Trust
  • Clear definition of the beneficiary
  • Trust property assigned by the assignee

Once all the above required pre-requisites are met with you can proceed with NGO registration by following these basic steps;

  • STEP 1: Choose an apt name for your NGO
  • STEP 2: Determine the settlor, minimum 2 trustees and a clear definition of who will be the beneficiary.
  • STEP 3: Prepare the MOA and by-laws and execute a proper trust deed containing all the key provisions and clauses.
  • STEP 4: The Trust Deed must be executed on stamp paper of sufficient value based on the value of the property assigned to the Trust.
  • STEP 5: Finally, the Trust Deed must be signed by all the trustees and settlor and registered with the Local Registrar of the area in which registered office of the NGO is located.

Society Registration Procedure in India

If you are planning for NGO registration in the form of a Society you are required to follow following simple steps:

  • STEP 1: Choose an apt name for your NGO
  • STEP 2: Form a governing body of the proposed Trust.
  • STEP 3: Prepare the MOA and by-laws of the proposed Society including all the rules and regulations for the NGO registration and operation.
  • STEP 4: Once everything is finalized the applicant is required to submit this MOA.

Section 8 Company Registration Procedure in India

Following steps are involved in NGO registration in the form of a Section 8 Company:

  • STEP 1: Choose an apt name for your NGO and make sure that it does not resemble any already registered company or Limited Liability Partnership. This proposed named must be filed for reservation through Reserve Unique Name facility available on the MCA portal. Maximum 2 names can be filed through in one go.
  • STEP 2: Once name is approved you are required to prepare the MOA and AOA of the organization along some other required documents like projected Profit and loss statement, statement of assets and liabilities, brief description of work etc.
  • STEP 3: Once all the documents are prepared submit an online application to respective ROC for issue of License in Form INC-12.
  • STEP 4: After review by the ROC, license is issued. Then, file incorporation application in SPICe Form along with the required document as attachments.
  • STEP 5: After proper verification of the application Certificate of Incorporation (COI) will be issued. This COI will contain the Company Identification Number (CIN) along with Company’s PAN & TAN number.

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