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All About the NGO Trust Registration

NGO Trust registration in India offers the organization legal recognition, a unique identity, and various benefits, including tax exemptions, financing access, and eligibility for government schemes and grants.

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All About the NGO Trust Registration

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  1. All About the NGO Trust Registration NGO registration in India NGO registration in India is the process of legally registering a non-governmental organization (NGO) with government authorities in order to obtain legal recognition and the right to run as a charitable or non-profit organization. NGOs are registered under different laws and regulations in India depending on their structure, purpose, and activities. NGOs play an important role in addressing various social, economic, and environmental issues in India, such as poverty, the environment, education, healthcare, women's empowerment, and child rights. However, NGOs must be registered and adhere with the legal and regulatory standards of the country to operate legally and effectively NGO Trust registration offers the organization with legal recognition, a unique identity, and various benefits, including tax exemptions, financing access, and eligibility for

  2. government schemes and grants. NGOs in India can be registered under various laws, such as the Indian Trusts Act, 1882, the Societies Registration Act, 1860, or the Companies Act, 2013. Type of NGO Registration In India 1. Trust Registration: Under the Indian Trusts Act of 1882 trusts are registered which is a state-level statute. To register a trust, a trust deed must be drafted, that specifies the objectives, goals, and governance framework of the trust. The trust deed must be signed by the founder(s) and two witnesses and registered with the local Registrar of Assurances. There is no upper limit on the number of trustees, the trust must have at least one trustee. A trust can be formed for charitable or religious purposes. 2. Society Registration: The Societies Registration Act, 1860, a central-level statute, governs the registration of societies. Societies can be established for the promotion of literature, science, fine arts, charity, or any other worthwhile goal. To register a society, a memorandum of association and rules and regulations must be drafted and signed by at least seven members. The society must have a governing body, consisting of a president, secretary, and treasurer, and must maintain proper records and accounts. 3. Section 8 Company Registration: Under the 2013 Companies Act, Section 8 Companies are registered. These companies can be established for charitable purposes including promoting arts, science, commerce, education, religion, or social welfare. Section 8 companies have few advantages over trusts and societies, such as limited liability protection, easy ownership transfers, and greater access to funding. The registration process for a Section 8 company is

  3. similar to that of a regular company, with additional requirements related to the charitable nature of the organization. Forms for NGO Registration Below are the forms required for each type of registration: 1. Trust Registration: To register a trust, the following forms need to be filled and submitted: ● Form 1: Application for registration of the trust along with a copy of the trust deed ● Form 2: Self-declaration by the trustees declaring that they are not disqualified under the relevant laws ● Form 3: Details of the property belonging to the trust The forms need to be submitted to the local Registrar of Assurances along with the required fees and documents. 2. Society Registration: To register a society, the following forms need to be filled and submitted: ● Form I: Memorandum of Association of the society ● Form II: Rules and Regulations of the society ● Form III: List of members of the society ● Form IV: Declaration by the president of the society stating that the society will be used only for charitable purposes ● Form V: Consent of every member of the society to be a member ● Form VI: Details of the governing body of the society

  4. The forms need to be submitted to the Registrar of Societies along with the required fees and documents. 3. Section 8 Company Registration: To register a Section 8 Company, the following forms need to be filled and submitted: ● Form INC-1: Application for reservation of name of the company ● Form INC-12: Application for grant of a license under Section 8 of the Companies Act, 2013 ● Form INC-7: Application for incorporation of the company ● Form DIR-12: Appointment of directors of the company ● Form INC-22: Notice of situation or change of situation of the registered office of the company The forms need to be submitted to the Registrar of Companies along with the required fees and documents. The procedure of NGO Registration The procedure for NGO registration in India varies depending on the type of registration and the relevant laws and regulations. However, the basic procedure for NGO registration can be broadly outlined as follows: 1. Choose the Type of Registration: Determine the appropriate type of registration for your NGO based on its activities and structure. The three main types of registration are Trust, Society, and Section 8 Company. 2. Draft and Execute the Relevant Documents: Depending on the type of registration, draft and execute the relevant documents such as the Trust Deed, Memorandum of Association, Rules and Regulations, and other documents as required by the law.

  5. 3. Obtain the Required Signatures and Witnesses: Obtain the required signatures of the founders and trustees and get the documents attested by two witnesses. 4. Payment of Fees: Pay the applicable fees for registration as prescribed under the law. 5. Submission of Application and Documents: Submit the application form along with the relevant documents to the appropriate authority as specified under the law. 6. Verification and Inspection: The relevant authority will verify and inspect the documents submitted for registration. 7. Issuance of Registration Certificate: Upon successful completion of the verification process, the registration certificate will be issued to the NGO. 8. Ongoing Compliance: Comply with the ongoing regulatory and compliance requirements such as filing annual returns, maintaining accounts, and complying with any other regulatory obligations as specified under the law. Document required for NGO Registration ● PAN Card, Aadhaar Card of Founders and Trustees ● Address Proof of Founders and Trustees ● Memorandum of Association ● No Objection Certificate (NOC) ● Income Tax PAN ● Bank Account Details ● Affidavits ● Proof of Educational Qualifications ● Passport-size photographs ● Annual Accounts and Audit Report ● Registration under other Laws

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