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An overview of NGO registration in Assam

A non-governmental organisation, shorted form NGO, is a non-profit organisation that runs without government involvement. Its main objective is to deal with the social and charitable purposes of society. NGO is obliged to use all its profits earned during a financial year in the furtherance of its goals. For instance, an NGO can operate in the fields of commerce, arts, science, sport, education, research, social welfare, religion, charity, and environmental protection. Therefore registration of an NGO will fulfil your dream to work for the advancement and improvement of society. So before we start talking about registering an NGO, let us first know the meaning of NGO, how it operates in Assam and the registration criteria.

NGOs are classified into three (3) types: Section 8 business, Society, or Trust. The NGO registration procedure is governed under the following three laws:

The difference between these three has been explained below:

Criteria

Trust

Society

Section 8 Company

Main Objective

Charitable activities

Public welfare activities

Promotion of science, arts, sports, etc.

Legal Framework

Indian Trust Act of 1882

Societies Registration Act of 1860

Companies Act of 2013

Membership

Trustees

Members

Shareholders

Governing Body

Board of Trustees

Governing Council

Board of Directors

Governing Rules

Trust Deed

Memorandum and By-laws

Memorandum and Articles of Association

Registration

Registrar of Trusts in the local jurisdiction

Registrar of Societies in the state

Registrar of Companies (ROC)

Tax Exemption

Section 12A and Section 80G of the Income Tax Act of 1961

Section 12A and Section 80G of the Income Tax Act of 1961

Section 8(1) and Section 12A of the Income Tax Act of 1961

What is the eligibility criteria to start an NGO in Assam?

The following points illustrate the eligibility criteria to register an NGO in Assam:

  • If an NGO is incorporated as a Private Limited Company (PLC), then there must be a minimum of two (2) directors.
  • In the case, NGO is incorporated as a Public Limited Company, a minimum of three (3) directors are necessary.
  • The maximum cap for a Private Limited Company is 200 members.
  • For a Public Limited Company, there is no member cap.

Why is NGO registration required in Assam?

Mentioned below are some of the benefits of NGO registration in Assam:

  • The range of both financial and human resources is expanded. The NGO will benefit because more volunteers will step forward.
  • An organization that is registered as an NGO reinforces the ethical, social and legal norms of our society.
  • A business with an NGO registration offers its members limited liability protection. The roles and responsibilities of all the members are restricted only to a certain extent of the capital or the fund contributed
  • The NGO Registration grants the organisation a special legal standing and tax exemptions, allowing subscribers, donors, and creditors to claim a tax deduction for their contributions. It is not only exempt from taxes but also from a number of annual compliances. NGOs inAssamreceives rebates in income tax under Section 12A and 80G. NGOs with 80G-certification attract more donors for donating funds to the organization.
  • It is not necessary to have a minimum share capital to operate independently. NGOs may receive direct funding from donations given to them. This indicates that NGOs can operate independently without higher share capital.
  • After your business is registered, nobody else in India is allowed to use the same name or one that sounds similar to it. This provides the advantage of preventing illegal usage of your company's name and image.

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Necessary Paper needed for NGO registration

  • Memorandum of Association (MOA);
  • Articles of Association (AOA);
  • Company’s name for the approval;
  • Aadhar Card;
  • Voter ID;
  • Copy of passport;
  • Driving license/ identity proof of all the directors;
  • Address proof of the office, that is, water bill, electricity bill, or tax receipt.

What is process of NGO registration in Assam?

The process to register NGO in Assam has been explained below:

  • The first step is to choose the name and type of NGO you want to register.
  • The applicant is required to obtain DSC. After DSC is obtained, the application must obtain DIN-3 from ROC.
  • Draft the AOA and MOA.
  • Register the NGO with the appropriate authority.
  • After registration NGO must obtain the PAN card
  • Finally, for the tax exception, NGOs must apply under Section 12A and 80G of the Income Tax Act

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We at Corpbiz support your dream of opening an NGO for the welfare and advancement of the society. During the whole process, our experts will guide you to choose the best type and assist you through the entire NGO registration process inAssam.

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