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Ngo Trust and Society Registration

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NGO Registration Service in India–An Overview

An NGO can be started under three Acts: Public Trust Act of all states, Indian Societies Act and Companies Act.In India, a Trust, Society, Sangathan, Sangh, Non-profitable company all fall under an umbrella term NGO.

Acts governing NGO registration process

The national authority in India allows for online registration of an NGO under three laws:
a. Trust under Public Trusts Act of each state.
b. Society under Societies Registration Act 1860
c. Section 8 Company under Companies Act, 2013

Each law defines the formation of a different type of organization, namely – Trust Registration, Society Registration, and Non-Profit company registration. Choosing the kind of registration procedure for the charitable firm is crucial. Our experts will help select the suitable option that benefits your vision and guide you with the online registration process

Why register an NGO in India?

BENEFITS

  • The legal status of organizations makes sure they are accountable for all the funds and donations they collect.
  • A registered NGO thinks, works and develops in a systematic manner and functions accordingly. For example, when an individual donates resources to a charitable fund, it is received under the name of the organization and used for the benefit of others. In an unregistered firm, the asset can be received under anyone’s name and used for their own profit.
  • A company that is registered as an NGO stays within the ethical, social and legal parameters of the society.
  • The basic requirement for running a company is to have a bank account under its name. In order to open an account, it is mandatory to be registered as a non-profitable organization.
  • The registration of an NGO will also help in tax exemption once they have registered under Income Tax Authorities.

Registration of NGO in India

TRUST

One possible way in which you can register a Non-Government Organisation is by registering it as a trust. This kind of method is used by NGOs who work with eradicating poverty, giving education and providing medical relief. You might want to note that trusts are irrevocable. This means that they cannot change or terminate without the permission of the court.Although there is no central law that governs public trusts, many states have its own Public Trust Acts to look into the affairs of the public trust.

SOCIETIES 

Societies can be referred to member-based organizations for charitable purposes. They are run by a governing body or a managing committee. Unlike trusts, all societies come under the preview of one law known as Societies Registration Act, 1860.

SECTION 8 COMPANIES 

Section 8 Company has limited liability and cannot make any profits. It is generally formed for promoting science, art, commerce, charity, religion or any other purpose that is useful to society. When compared to Societies and Trusts, Section 8 Companies have more benefits in the sense that they have more legal standing and better credibility among government bodies and donors.

NGO Registration Methods in India - Trust, Society, or Non-profit Company

A DETAILED PROCESS

In India, anybody is free to do social activities without forming an association or organization. But when an individual wants to create a group that involves volunteers, activities, and resources, it becomes important to have proper management in place. To run such companies, trusts and Societies in the correct manner, a certain set of rules need to be followed.

Essential documents for online society registration & trust registration

Before a registered deed is delivered to an NGO, submission of specific documents is required.

TRUST REGISTRATION

For the trust registration, the following papers are mandatory:

Members

Minimum of 3 members and a maximum of 21 members

Governed by

Trust Act of each state

Jurisdiction:

Where the registered office of the Trust is situated. Before the Sub - Registrar or the District Registrar in the particular area or the Charity Commissioner.

Documents:

Trust deed

A bill of electricity or water stating the address that needs to be registered.

The identity proof of at least two members of the company. The proof can be:

- Voter ID
- Driving License
- Passport
- Aadhaar Card

Board:

The properties of the Trust will be managed by the Trustees, however, the properties cannot be sold by the Trustees without obtaining the permission from the court.

Revocation/ Dissolution or Winding Up

The trust is usually irrevocable in nature. For reasons like disqualification of trustees, the absence of trustees, mismanagement of the trust, the trust can be merged with another trust having a similar objective with the permission of the court.

Annual Compliance

There is no annual filing but the board of trustee must keep the books and accounts proper.

It takes about 10 to 20 days for online registration to be completed under the Indian Trust Act – 1882. Before the deed becomes valid throughout the country, the settler has to deliver a presentation at the registrar’s office.

Note: It takes about 8 to 10 days for online registration to be completed. On the date fixed for registration, the Author of the Trust shall be present in the Register Office for registration Society registration

SOCIETY REGISTRATION

For a society registration, the following papers are essential:

Documents and Information we need for State Level:

  • Name of Society
  • Purpose of Society
  • 7 member from same state
  • Their position (president, secretary, treasure, executive member, etc……etc….)
  • Their photo ID proof (i.e. photocopy of voter id card, passport, driving license)
  • ownership proof of your registered office (i.e. photo copy of water bill or house tax receipt or registered GPA or Sale Deed)

Note: - AADHAR CARD is Mandatory.

Documents and Information we need for All India Level:

  • Name of Society
  • Purpose of Society
  • 8 member from 8 different state
  • Their position (president, secretary, treasure, executive member, etc……etc….)
  • Their photo ID proof (i.e. photocopy of voter id card, passport, driving license)
  • ownership proof of your registered office (i.e. photo copy of water bill or house tax receipt or registered GPA or Sale Deed)

Note: - AADHAR CARD is Mandatory

Governed by

Societies Registration Act (State Law)

Members:

Minimum of 7 members and the maximum is unlimited

Jurisdiction:

Where the registered office of the Society is situated. Before the District Registrar in the particular area or the Charity Commissioner.

  • Board:  Executive Committee (President, Secretary, Vice President, Treasurer), General Body (All members)
  • Property Management: The property of the Society vests in the name of the Society and the same can be sold as per the terms mentioned in the By-laws of the society. (Eg: Approval from the Executive Committee Member)
  • Revocation/ Dissolution or Winding Up: Dissolution as per the By-laws of the society, upon dissolution and after settlement of all debts and liabilities, the funds and property of the society may not be distributed among the members of the society, rather, the remaining funds and property must be given or transferred to some other society, preferably one with similar objects.

Annual Compliance

Societies must file annually, with the Registrar of Societies, a list of the names, addresses and occupations of their managing committee members.

Note: It takes about 8 to 10 days for drafting the MoA and By-laws of the Society. Thereafter it takes 21 to 30 days for the Society to be registered.

SECTION 8  of COMPANY:

For Section 8 company registration, the following papers are essential:

Governed by

Companies Act, 2013

Members:

Minimum of 2 Directors/Shareholders

Jurisdiction:

Online Registration

Documents:

  •  MoA and AoA
  •  The name of the Company for approval.
  •  Address proof of the office. It can be electricity or water bill or house tax receipt.
  •  Identity proof of all the Directors which can be:

           - Driving License

           - Copy of Passport

           - Voter ID

           - Aadhaar card

Note: It takes about 8 to 10 days for drafting the MoA and AoA of the Society. Thereafter it takes about 2 months for the entire Company registration to be completed.

How can we help? - Why Kb Management Service

We can help you by Consultation for selecting registration type

  • We do a thorough consultation to understand which registration would suit you the best- NGO / Society/ Trust registration.
  • We will inform you of all the documents required to complete the online NGO registration form
  • The final step is the formation of your NGO.

 Kb Management Service Online NGO Registration Package Includes

  • A full consultation to understand which registration would suit you best
  • All the paperwork needed to apply for an NGO registration, we will keep you informed about the entire process and progress.
  • We help you with all the processes and procedures needed for registering your NGO.

 

 

 

 

 

 

 


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FAQ's

Depending on the type of work you want to do, it is best to apply accordingly. For the best solution, contact one of our experts at Vakilsearch for a better understanding as to which registration method suits your NGO the best.
 

First, you would need to pick a name, then check to see if it is already registered. If the desired name doesn’t exist yet, you can proceed to apply with the Registrar for a Certificate of Incorporation. 

First, you would need to pick a name, then check to see if it is already registered. If the desired name doesn’t exist yet, you can proceed to apply with the Registrar for a Certificate of Incorporation. 

The easiest way of registering your Non-Government Organization is by doing it with Vakilsearch. We do all the work for you and you don’t have to bother about the running about for the process.

here are many reasons why it is better to register an NGO. One of the most important ones in funds. As an NGO you will receive funds from various quarters. The money you get from donors has to be put in a bank. To open a bank account under a company or an NGO, you need to have some documents. The registration of an NGO provides you with documents to show that funds are received in the NGO's name.

Besides having the willingness to work for the welfare of society, legally, there are some procedures to follow, these are:-

  • First, lay down the mission of your NGO, this means what cause you would like to take up.
  • Form a governing body, this body ensure the smooth running of the NGO.
  • Finally, register your NGO with the government authorities. This step can be long and painful. But, for a seamless experience, you can contact kB MANAGERMENT SERVICE . Our experts will help you at every stage of the registration process.

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