Registering a new NGO (Non-Governmental Organization) in India involves several steps and can be done under different legal frameworks depending on the type of organization and its activities. The most common forms of registration are as a Trust, Society, or Section 8 Company. Below is a general guide to registering an NGO in India:
1. Decide the Type of NGO
Choose the legal structure that best suits your NGO's objectives:
Trust: Governed by the Indian Trusts Act, 1882. Suitable for charitable activities.
Society: Governed by the Societies Registration Act, 1860. Suitable for cultural, educational, or social activities.
Section 8 Company: Governed by the Companies Act, 2013. Suitable for promoting commerce, art, science, religion, charity, or any other useful purpose.
2. Choose a Name for the NGO
Ensure the name is unique and not already in use.
The name should reflect the NGO's mission and objectives.
3. Prepare the Required Documents
The documents vary depending on the type of NGO:
For a Trust:
Trust Deed (containing the name, objectives, address, details of trustees, and rules/regulations).
Proof of identity and address of the settlor and trustees (e.g., Aadhaar, PAN, Voter ID).
Passport-sized photographs of the settlor and trustees.
Registered office address proof (e.g., electricity bill, rent agreement).
For a Society:
Memorandum of Association (MoA) and Rules & Regulations.
List of governing body members (President, Secretary, Treasurer, etc.).
Proof of identity and address of members.
Registered office address proof.
Consent letters from members.
For a Section 8 Company:
Memorandum of Association (MoA) and Articles of Association (AoA).
Declaration from directors.
Proof of identity and address of directors.
Registered office address proof.
Digital Signature Certificate (DSC) and Director Identification Number (DIN) for directors.
4. Register the NGO
For a Trust:
Submit the Trust Deed to the local Registrar of Trusts.
Pay the required registration fee.
The Registrar will verify the documents and issue a registration certificate.
For a Society:
Submit the MoA, Rules & Regulations, and other documents to the Registrar of Societies in the respective state.
Pay the registration fee.
Once verified, the Registrar will issue a registration certificate.
For a Section 8 Company:
Apply for a name approval through the Ministry of Corporate Affairs (MCA) portal.
File the incorporation form (SPICe+ form) along with the required documents.
Pay the registration fee.
Once approved, the Registrar of Companies (RoC) will issue a Certificate of Incorporation.
5. Apply for PAN and TAN
After registration, apply for a Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) for the NGO.
6. Open a Bank Account
Use the registration certificate and PAN to open a bank account in the NGO's name.
7. Apply for Tax Exemptions (Optional)
To avail tax benefits, apply for:
12A Registration: Exempts income from tax.
80G Registration: Allows donors to claim tax deductions on donations.
Submit the application to the Income Tax Department.
8. Compliance and Reporting
Ensure compliance with annual filing requirements, such as:
Filing audited financial statements.
Submitting annual reports to the Registrar of Societies/Trusts/RoC.
Maintaining proper books of accounts.
Key Points to Remember
Consult a legal expert or chartered accountant for guidance.
Ensure transparency and accountability in the NGO's operations.
Keep all documents and records updated.
By following these steps, you can successfully register and operate an NGO in India.