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NGO Registration Made Easy and Hassle-Free

NGO registration takes place when a group of people come together for social welfare. A non-governmental organisation (NGO) is a company with charitable goals. An NGO is a non-profit organisation that promotes a variety of causes, including social welfare, religion, science, sports, education, and the arts. NGOs in India come in a variety of forms and are governed by the Companies Act, the Trust Act, or the Society Registrations Act.

The profit from NGO registration enables non-profit organisations to offer services to the general public, frequently with funding from governmental bodies, businesses, private citizens, or other organisations. NGOs must abide by the law in order to maintain their status as non-governmental organisations. An NGO is registered under the Companies Act of 2013 as a Section 8 Company. All businesses registered under this Act are charity trusts with no profit motive.

What is an NGO?

A non-profit organisation founded by a group of people for philanthropic and social reasons is known as a non-governmental organisation (NGO).

Promoting non-profit goals, including business, the arts, science, sports, education, research, social welfare, religion, charity, environmental preservation, and other charitable endeavours, is the aim of the NGO. An NGO plans to use all of its earnings to further these goals. There are three categories of NGOs that we are going to examine in detail.

What are the Types of NGO Registration in India?

There are three types of NGO registration in India. Let's understand each one of them in detail:

Trust

The legal establishment of a trust in India is referred to as trust registration. A trust is a type of non-profit organisation (NPO) established to help and promote particular causes, such as community development, healthcare, and education. The Indian Trusts Act of 1882 governs the trust registration procedure, which is normally managed by a group of professionals and legal experts.

Society

Under the Societies Registration Act of 1860, the process of founding a society is referred to as society registration. A society is made up of people who join forces to accomplish a shared purpose. Societies are established to further social, scientific, religious, educational, literary, or humanitarian objectives.

Section 8 Company

Section 8 company is a non-profit organisation. Section 8 Company registration takes place under the Companies Act 2013. It is not registered for profit; rather, it is registered only to further trade, the arts, sciences, religion, charities, or any other beneficial cause. A non-profit organisation or non-governmental organisation (NGO) is another name for this kind of business.

Requirements for NGO Registration

If you are sure that you wish to register an NGO in India. Then, take a look at the requirements for NGO registration:

  • For an NGO to be formed as a private limited company under the Companies Act, 2013, it must have a minimum of two directors.
  • In the event that a public limited company is incorporated, a minimum of three directors are needed.
  • For a private limited company, the maximum number of members is 200.
  • No maximum number of members for a public limited company.
  • There must be a registered office address of the NGO.
  • The objective of such an NGO must be a social or charitable purpose.
  • No profit sharing is allowed between the members.

What Is the Classification of NGOs in India?

The classification of NGOs in India can be understood as the following:

By the Level of Orientation

  • Orientation Toward Charitable Trust
  • Emphasis on Service
  • Orientation to Participation
  • Empowering Orientation

By the Level of Operation

  • Community-Oriented Establishment
  • Citywide operation
  • International NGOs
  • National NGOs

Why Is NGO Registration Required?

NGO registration is required for the following reasons:

  • The organisation acquires credibility, and those who give money will be more willing to connect themselves with those NGOs who have registration since it offers an aura of legitimacy.
  • The registration of a non-governmental organisation (NGO) can facilitate the growth of its local activities by providing more visibility for the organisation.
  • There is an expansion in the scope of both human and financial resources. As more volunteers come forward, the NGO will gain.
  • In compliance with the Companies Act, 2013, register your firm as an NGO in India to earn certain benefits for the directors of the business.
  • In India, non-governmental organisations (NGOs) have certain tax exemptions, allowing businesses to reinvest their tax savings towards other initiatives.
  • It is not against the law for businesses recognised as non-governmental organisations (NGOs) under the ITR Filing Return Act of 1961 to sell their assets or interest-earning claims.
  • The ITR Act of 2013 exempts all enterprises organised as NGOs from stamp duty, giving them more chances to lower their tax obligations. The corporation then uses all of the tax savings from the stamp duty to further its ideology.

Laws in India applicable to an NGO

Depending upon the type of registration, the NGOs can be registered under the acts, and these are the laws in India applicable to an NGO:

  • Trust under Indian Trusts Act, 1882
  • Society under Societies Registration Act, 1860
  • Section 8 of Companies Act, 2013

Benefits of NGO Registration

If you are confused about whether registering an NGO will be the right choice or not? Then, take a look at the benefits of NGO Registration and make an informed decision:

Legal recognition

The NGO is recognised legally as a separate entity by virtue of the registration process. It creates the organisation's identity and validates its existence, setting it apart from its founders or members. From the perspective of stakeholders like funders, beneficiaries, and government representatives, the NGO's legitimacy and credibility are strengthened by this accreditation.

Financial assistance and fundraising

Organisations that are registered as non-profits can choose from a wider range of fundraising options. They can make financial appeals for grants, contributions, and money to businesses, governments, and international organisations. Many funding institutions and donors need NGOs to be registered in order to uphold accountability and transparency.

Tax Benefits and exemptions

Non-profits that are registered may qualify for tax reductions and exemptions. These can include waivers of customs duties, exemptions from income taxes, and exemptions from charity contributions. Benefits like this reduce the financial burden on the organisation and motivate people and groups to make financial contributions.

Opening bank accounts is possible

NGOs that register may be eligible for tax deductions and discounts. These can include being exempt from income tax, receiving contributions, and having customs taxes waived. These benefits reduce the financial burden on the organisation and encourage individuals and groups to donate money.

Enhanced Credibility and Trust

In the view of stakeholders, an NGO's registration strengthens its validity and dependability. It demonstrates the company's commitment to accountability, transparency, and legal compliance. Donors, beneficiaries, and other stakeholders are more likely to work with registered NGOs due to the perceived authenticity and dependability of legal registration.

Legal protection and benefits

Benefits and rights are accorded to registered non-profit organisations. Their operations, organisation, and activities are governed by a set of laws. In the case of a conflict, this structure provides a foundation for legal recourse and protects the organisation from arbitrary interference.

Networking and Cooperation

Registration gives you access to possibilities for networking and cooperation. Non-governmental organisations (NGOs) that have obtained registration are eligible to become members of networks, alliances, and consortiums that unite like-minded groups. These platforms increase influence and efficacy by facilitating collective lobbying, resource mobilisation, and information exchange.

Enhanced eligibility for government schemes and programs

Non-governmental organisations (NGOs) that are registered are the only ones who may access a number of government policies, financing, and programs. Registration provides access to government resources, technical help, and capacity-building support, as well as makes them eligible to take part in these programs.

Ability to hire employees and volunteers

Non-profit organisations that register may formally employ employees and seek out volunteers. This allows the company as an NGO to grow and build a committed workforce and operations, which makes it possible to carry out initiatives and programs successfully.

Accountability and transparency

NGOs often have to follow reporting and governance requirements in order to be registered. This promotes accountability and openness inside the company, guaranteeing that money is allocated sensibly and initiatives are executed effectively. Stakeholder confidence and transparency are increased by regular reporting and audits.

Things to Do Before Applying for NGO Registration Online

There are two important things that you must do before applying for NGO registration online:

Acquire a Digital Signature Certificate (DSC)

Proposed directors must obtain digital signatures since the registration necessary papers need to be signed electronically before being submitted. Organisations that provide digital signature registration (DSC) are certified by the Indian government. A DSC in either the Class 2 or Class 3 category is required of candidates. The certifying organisation sets the price for receiving DSC, which varies depending upon certain factors.

Apply for a Director Identification Number (DIN)

Requests for DINs for any prospective company directors must be included with applications. Filling out application Form DIR-3 facilitates the DIN allocation process. Scanned copies of the director's identification and proof of address, self-attested PAN copies, and other supporting necessary papers must be attached to the application form. Filling out the application form online is possible with DSC and DIN.

Forms Required for NGO Registration

Certain registration forms are required for NGO registration. Let us take a look at these forms:

  • DIR 12 - Appointments of Directors
  • DIR 2 - Consent of Directors
  • DIR 3 - Application to ROC to get DIN
  • INC 1 - Business name approval
  • INC 12 - Applications for License
  • INC 13 - Memorandum of Association
  • INC 14 - Declaration from a practising CA
  • INC 15 - Declaration from each person making the application
  • INC 16 - License to incorporate as an NGO
  • INC 22 - Situation of Registered Office
  • INC 7 - Applications for Company's Incorporation
  • INC 8 - Declarations
  • INC 9 - Affidavit from each Director and Subscriber

Necessary Papers Required for NGO Registration

Here are a few necessary papers required for NGO registration in India:

Trust Registration

In order to register the Trust, the following necessary papers must be submitted:

  • A bill of electricity or water specifying the address that has to be registered.
  • The confirmation of identification of a minimum of two employees.
  • Voter ID
  • Driver's license
  • Passport
  • Aadhaar card

Society Registration

The following paper works is required for a society registration:

  • The name of the society.
  • Proof of address.
  • Proof of identity for each of the nine members, which might be a driver's license, passport copy, voter ID, and Aadhaar card.
  • Two copies of the Memorandum of Association and Articles of Association.

Section 8 Company

The following necessary papers are necessary for the registration of a Section 8 company:

  • The name of the company for approval.
  • Provide address proof of the office. It might be a receipt for residential taxes or an electricity or water bill.
  • Verify each director's identity, which may be a license, copy of passport, Aadhaar card, or voter ID.

The Memorandum of Association and Articles of Association of the Company.

Process of NGO Registration in India

The process of NGO registration or NGO registration procedure can be understood as below:

Identify the NGO Type: Based on the goals and operations of the organisation, select the right kind of non-governmental organisation (NGO) structure, such as a trust, society, or section 8 business.

Choose a Distinctive Name: Pick a name that is unique, reflects the NGO's goals and objectives, and doesn't rhyme with any already-registered organisations.

Articles of Association (AOA) and Memorandum of Association (MOA): Draft the AOA and MOA, which set forth the goals, guidelines, and policies controlling the management and operations of the NGO. Also, the NGO has to file form DIR-3 with the ROC to obtain DIN.

Create the Governing Body: Assemble a management committee or governing body made up of people who will be in charge of the NGO's operations and decision-making procedures.

Give the address of the registered office: Establish a registered office address for the non-governmental organisation (NGO) to receive official correspondence and legal paperwork and place of registration.

Get the necessary necessary papers ready: Obtain the required paperwork, such as proof of identification and address, as well as photographs of the members of the governing body.

Submit the Application for Registration: Depending on the selected NGO structure, submit the registration application and the necessary paperwork to the relevant body, such as the Registrar of Societies, Registrar of Trusts, or Registrar of Companies on the MCA portal.

Review and Approval: The application and any accompanying materials will be examined by the registration authorities. If further information or clarity is required, they could ask for it.

Obtain the Registration Certificate: The registration authority will issue a certificate of incorporation verifying the NGO's legal status following a successful review and approval process and register as an NGO.

Request Tax Exemptions: Following the receipt of the registration certificate, get certifications such as 12A and 80G in order to request tax exemptions under the Income Tax Act.

Verify Reporting and Compliance: Comply with the legal requirements, such as keeping accurate records, producing yearly reports, and providing audited financial statements and file forms which are necessary, and adhere to the guidelines of the Government of India.

How to Raise Funds for NGOs?

To collect money for an NGO registered under the governing laws, there are several methods available, such as:

  • This entails using internet channels to ask a large number of people for little donations.
  • NGOs are able to seek funds from a number of different sources, including international organisations that support social causes, private foundations, and government agencies.
  • They can collaborate with businesses that uphold their principles in order to support their causes and sponsor their events.
  • It is possible to draw donors and generate money by planning fundraising activities like charity walks, concerts, and auctions, as well as online initiatives.
  • NGOs can approach potential donors personally or utilise Internet donation platforms to encourage people to support their cause.

What is NGO Registration Fees?

Depending on the nation and its laws, there are different factors involved in starting an NGO in India, such as determining the NGO registration fees. In order to receive legal recognition and certain benefits, such as tax exemptions and grant eligibility, non-governmental organisations frequently need to register with the government.

Specific papers, such as the organisation's articles and memorandum, as well as information on its goals and operations, must be submitted as part of the registration procedure at the time of registration. Non-governmental organisations usually have to pay a registration fee in addition to these papers. The size of the organisation, the kind of work it does, and the regulatory environment of the nation are just a few examples of the many variables that might affect the fee's amount of online NGO registration.

It's crucial to remember that registration fees make up just a small portion of the total expenses related to founding and operating an NGO. Legal fees, administrative charges, and expenditures associated with compliance are examples of additional expenses. It is advised to get in touch with the Corpbiz experts and understand the kind of NGO registration, whether it will be registered in the form of a Section 8 company that is a form of NGO under the Companies Act or registered under the societies registration under the Societies Act, or a trust.

How Long Does It Take to Register an NGO?

The application to set up an NGO or non-governmental organisation or Trust and society registration can be submitted online across India, and the time taken to register an NGO is given below:

  • The process for a company registered under section 8 of the Companies Act 2013 takes 10-14 days.
  • The procedure of incorporating a trust will take 20 days.
  • It will require an additional 25 days to register the society.

Taxation and FCRA Registration for an NGO

A common misconception among non-profit organisations is that since they are not for profit, they are exempt from all taxes; this is untrue. Important components that give gifts to non-profit organisations, tax deductions, and exemptions from taxes are covered in the section that follows:

Sections 11 and 12 of the Income Tax Act of 1961

These are the most relevant income tax provisions for religious and charitable trusts. This section covers taxes on trusts established for charitable reasons, environmental initiatives, public welfare, religious endeavours, and so forth. This section outlines the percentage of the Trust's revenue that is subject to taxes and the percentage that is not. The Trust may receive income from contributions, its operations, or capital gains on its assets.

The amended Income Tax Act of India, Section 12AA, illustrates how a trust might register under these portions. Form 10A and any other supporting papers must be used to submit an application to the Income Tax Commissioner. This is a one-time registration, and the NGO may get registration under Section 12A in order to be eligible for tax exemption.

Section 80G Registration

Contributions to a non-governmental organisation (NGO) that is registered under Section 80 G are eligible for a 50% deduction from the contributor's taxable income.

Form 10 G can be used for the one-time registration (80G). The online submission of the 80G registration application shall be made to the Income Tax Commissioner.

Necessary Papers required for 12A and 80G Registration

After an entity has obtained the NGO license from the Central Government, they are required to submit the following necessary papers for 12A and 80G registration:

  • Completed Forms - Form 10A for registration under Section 12A and 10G for registration under Section 80G.
  • Certificate of Registration and Memorandum of Association/Trust Deed (two copies; NGO head attests to them personally).
  • Landlord's letter of authorisation (from the registration office).
  • A copy of the PAN card for your NGO.
  • A photocopy of a property tax receipt, an electricity bill, or a water bill.
  • Proof of welfare activities carried out and a Progress Report for the previous three years or from starting.
  • Books of Accounts, Balance Sheet, and ITR (if any) from the beginning or for the previous three years.
  • List of significant contributors, including PAN and address.
  • A list of the members of the governing body or board of trustees, combined with their contact details.
  • Confirmation of the original MOA/Trust Deed.

FCRA Registration

The most crucial registration for a non-governmental organisation (NGO) seeking to accept donations from foreign contributors is the Overseas Contribution Regulation Act is FCRA registration. This is required if the NGO receives donations from foreign countries. An NGO cannot get foreign donations in India if it is not registered under the FCRA. Regardless of whether the donations are from a foreign person, business, society, government, or organisation, the Act is meant to regulate any foreign-nature donations received in India as contributions for social, religious, charitable, or environmental objectives.

Necessary Papers required for FCRA registration

Once the applicant has obtained the NGO registration, he can get the FCRA registration by submitting the following necessary papers:

  • An income and expense account, profit and loss statement, or balance sheet that has been audited for the preceding three years.
  • A certified copy of the registration certificate, if any, and the formation papers, including the trust deed, rules and regulations, memorandum of association, and so on.
  • Information about the organisation's activity throughout the previous three years.
  • Registration information under sections 11 and 12 as well as 80G.
  • A commitment letter from a foreign donor specifying the amount of the foreign donation.

Why Corpbiz can be your reliable partner for NGO Registration?

For all of your NGO registration needs, get in touch with Corpbiz and take advantage of working with in-house experts who are dedicated to simplifying the procedure. We ensure a client-centric approach at all times. Our experienced NGO registration professionals have the experience and track record to help you through the intricacies of registration. Our track record of achieving outstanding outcomes is attached with our success stories and client testimonials. Select Corpbiz as your partner for NGO registration, and you'll be well on your way to achieving your humanitarian goals.

  • 200+ Experienced NGO Registration Consultants.
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Frequently Asked Questions

To register an NGO in India, you will have to follow a thorough procedure, starting with selecting a unique name and drafting a trust deed along with MOA and AOA. Furthermore, submit the application to the registrar with the requisite fee and obtain the certificate of registration.

For an NGO to be registered, it must have a minimum of two directors and two shareholders, who can also be the same individuals. Every company that intends to conduct business must have a registered office address.

There are three forms of NGO - Section 8 company, Society and Trust.

Yes, as the tax-exempt organisations that work to improve the community are known as non-profits.

Non-profit organisations are often excused from all activities. Nonetheless, certain actions can be subject to GST requirements. When engaging in any income-generating activity, the GST Law may or may not apply to such activities.

The purpose of 12AA registration is to get income tax exemption. After this registration is complete, the organisation's whole revenue is exempt from taxation. To complete the application for 12AA registration, you need to use form 10A.

A charity or religious Trust may apply and be registered under Section 12A by completing Form 10A. To be eligible for exemptions under Sections 11 and 12, charitable or religious trusts must register by submitting Form 10A following the Income Tax Act of India.

Non-Governmental Organisations (NGOs), Not for Profit Organisations (NPOs), Voluntary Organisations (VOs), Civil Society Organizations (CSOs), Not for Profit Companies, Charity Organizations, Registered Societies, Trusts, etc. can register on NGO DARPAN, which is administered by NITI Aayog.

If the Section 8 company is registered as a private limited company, then it must have a minimum of 2 directors. A minimum of three directors are needed to incorporate a public limited company.

International NGOs' directors and managers need to be able to effectively develop a unique vision for the organisation that inspires and unites its members. Lead and manage by inspiring team members to maintain hope despite obstacles and by praising excellence and moral principles.

The procedure starts with selecting the name and category of the NGO you wish to register. Thereafter, it is necessary for the candidate to receive DSC and draft the MOA and the AOA. Furthermore, the NGO should register with the relevant authority and get a PAN card for the registered NGO.

These social development and welfare organisations are exempt from registering as NGOs, meaning that they are free to operate legally or illegally. NGOs that are registered with government registration agencies, however, are eligible for financial assistance.

No, one individual is unable to create an NGO. To incorporate a Section 8 company, a minimum of two individuals are needed, and three individuals are needed for registration as a Trust and Society.

Fundraising efforts are essential to NGOs' survival and prosperity. Membership fees, sales of goods and services, grants from other charitable foundations, state and local governments, private and corporate contributors, contributions from wealthy people, etc., are some of the ways that non-profits raise money.

Those who work for non-governmental organisations get paid. (NGOs also employ volunteers who work for free.) Nonetheless, NGOs often pay far less in salary than the business sector does. This is due, in part, to the fact that all NGOs are funded entirely by contributions.

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