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An overview of NGO registration in Maharashtra

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

NGOs are classified into three (3) types as mentioned below:

  • Section 8 business
  • Society
  • Trust

The process of NGO registration is governed 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 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 are the eligibility criteria to start an NGO in Maharashtra?

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

  • If an NGO is incorporated as a Private Limited Company (PLC), there must be at least two (2) directors.
  • In the case NGO is included 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 Maharashtra?

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

  • The range of both financial and human resources is expanded. The NGO will benefit because more volunteers will step forward.
  • An organisation registered as an NGO reinforces our society's ethical, social and legal norms.
  • A business with an NGO registration offers its members limited liability protection. All members' roles and responsibilities are restricted only to a certain extent of the capital or the fund contributed.
  • The NGO Registration grants the organisation a unique 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 in Maharashtra receives rebate in income tax under Section 12A and 80G. NGOs with 80G certification attract more donors to donate funds to the organisation. 
  • It is optional 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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List of documents needed for the NGO registration

For registration of an NGO in Maharashtra, you will need the following documents:

  • 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 Maharashtra?

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

  • The first step is to choose the name and the type of NGO that 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 provide quick NGO registration services in Maharashtra. The whole process of registering an NGO involves a lot of forms and complexities; our experts will guide you through the entire NGO registration process in Maharashtraand provide advice to help you make the best choice

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