How to register NGOs?

NGO’s are Non-governmental organizations, also referred to as non-profit organizations which work towards the betterment of society. It consists of a group of people willing to work for social welfare. NGOs do not work for commercial objectives; rather, they work for humanitarian objectives as their primary purpose.

NGOs can support development in different sectors of the society from local to international levels by spreading awareness towards certain issues that can uplift the weaker sections of the society. They can obtain registration as per the country's laws to avail benefits, including financial assistance. Their objective is to bring positive changes to society at large. This article emphasizes the process involved in the registration of NGOs.

What laws govern the registration of NGOs in the country?

The following laws regulate the registration of NGOs:
1.Indian Trusts Act, 1882 for Trust Registration.
2.Societies Registration Act, 1860 for Society Registration.
3.Companies Act, 2013 for Section 8 Company Registration.

What is the process involved in the registration of NGOs under different acts?

Registration under the Societies Registration Act:

• Select an appropriate name, which should be unique.
• Prepare Memorandum of Association along with rules and regulations.

Other documents required for registration:

• Covering letter duly signed by all the members,
• Declaration provided by the President of the society,
• A copy of the resolution for society registration,
• Minutes of the meeting,
• Address proof of members.
• Submit the documents to the concerned Registrar of Society and requisite statutory fees.

Registration under the Companies Act:

File online form Spice+ both Part A and B to obtain the license for Section 8 company with the Registrar of Companies along with all the necessary documents and statutory fees.

Documents required for registration of Section 8 company are:

• Digital Signature
• Director Identification Number
• Details of Directors (if members are Companies or LLPs)
• MOA and AOA
• Members’ Id Proof as Aadhar Card, Passport, Voter Id, and Passport Size Photographs
• Address Proof

Registration under the Indian Trusts Act

• Select your name.
• Draft Trust Deed contains all the information related to the registration.
• Selection of Settlers and Trustees of the Trust.
• Draft Memorandum of Association.
• Pay the requisite fees for registration.
• Collect a certified copy of the Trust Deed from the Registrar’s office.
• Submit a certified copy of the Trust Deed and attested photocopies to the local Registrar.
• After the Trust Deed is submitted to the registrar, the registrar keeps the photocopy, returns the original copy of the Trust Deed to the applicant, and issues the Registration certificate within seven days.

Documents required are:

• The objective of the Trust Deed.
• The Trustee and settlor details include ID proof, Address Proof, occupation details, Photographs, and PAN Card.
• Properly Stamped Trust Deed.
• Proof of registered address of trust and where the property is rented, then NOC from the landlord must be attached.

A registered NGO can avail several benefits under different laws like exemption on stamp duty, tax exemption, no minimum share capital, buy/acquire/register assets in the name of the NGO, sue, and be sued through its registered trustees' other significant benefits also exist.