How to Register Trust or NGO & Documents Required For NGO Registration
In India, anyone can do social activities. Every person are free to help the society for its development even without forming an association or organization. But if an individual wishes to create a group who wants to be involved in social activities, and resources, then it is important to make it in a proper manner with an organised management. NGO or Trust is one of such kinds. According to the World Bank, there are essentially two types of NGOs such as operational and advocacy. Operational NGOs focus on development projects, while advocacy NGOs focus on promoting certain causes.
Trust is registered under the state laws. It is recommended for the small charitable activities. A Trust is a organization registered with limited members. In general, the Trusts are incorporated by offering property for a charitable purpose. A non-profit company must have at least three incorporators and three directors and may be registered with or without members. A non-profit company is not required to have members. A trust is basically a right to certain property, which is held by a fiduciary for the benefit of another individual. A trustee, on the other hand, is a party or parties designated as a holder of the property, charged with the duty of administering the trust at the appropriate time.
Trust registration is mandatory for every individual forming a trust. Package inclusions: Advice on the trust registration procedure. Advice on securing 12A and 80G registration under the Income Tax Act, 1961. A trust may be created by: Every person who is competent to contracts: This includes an individual, AOP, HUF, company, etc. If a trust is to be created by on or behalf of a minor, then the permission of a Principal Civil Court of original jurisdiction is required.
NGOs can operate businesses initially and some profit is acceptable even legally in most countries. However, if the NGOs start making excessive profits out of their services, it is only then that other people may start questioning. NGOs can accept donations from private individuals, for-profit companies, charitable foundations, and governments, whether local, state, federal, or even foreign. As nonprofit entities, they also can charge membership dues and sell goods and services. Minimum two people are required for Section 8 company incorporation, and at least three people are required for Trust and Society registration.
There are three ways through which you can register NGOs in India: Society registration, Trust registration, Section 8 Company registration. NGO is otherwise known as “Non-Governmental Organization” means that it is not controlled by the government. A non-governmental organization (NGO) or trust is a legally formed organization which operates independently and it is a non-profit business.
- Step 1 : Complete our NGO Registration Form
- Step 2 : Gather the Prerequisites details
- Step 3 : We will compile a trust deed
- Step 4 :Trust Deed Registration
- Step 5: Your Trust NGO is now registered
Acts controlling NGO registration process
Go to the local registrar and submit a trust deed along with a photocopy for registration. The photocopy of the deed must also contain the signature of the settler on all pages. At the time of registration, the Settler and two witnesses must be present in person along with their identity proof in the original. It is a transfer of property by the owner to another for the benefit of a third person along with or without himself or a declaration by the owner, to hold the property not for himself and another.
The national authority of India provides NGO registration online under three laws, they are as follows
- Trust under Public Trusts Act of that particular state.
- Society under Societies Registration Act 1860
- Section 8 Company under Companies Act, 2013
Each law of National Authority of India sets the formation of a different type of non-profit organization, such as Trust Registration, Society Registration, and Non-Profit company registration. It is up to the person or group of people who like to start an NGO or Trust have to decide on what kind of registration procedure they have to follow according to their objectives.
How to form the NGO?
NGOs come under the category of organisation which has to be registered for non-profit motive. So registering Trust, Society, Section 25 Company are classified as NGOs.
The total cost of registering a section 8 company, including government and professional fees, would be Rs. 4,999. The total cost of trust registration, including government and professional fees, would be Rs. 13,999.
Society, Trust and NGO
Non-governmental Organization or NGO is a non-profit making organisation which is integrated under the government’s rules and regulations to help common people. There are three types of charitable organisations are functioning in these days such as Society, Trust and Non-profit making company.
As per the rules and regulations, the registration of NGO and Trust is inevitable in order to work under the law. All the charitable organizations which are functioning as NGO’s are registered under Section 25 of the Companies Act. NGO or Trust registration has been developing fast in these days as in India, there are large numbers of people are in need, even for their basic things.
With their long work record for helping needy people in various sectors, . They are as follows:
- National NGO
- International NGO
- Community based NGO
- City based NGO
NGO Registration process
In India, the role of an NGO has been faultless. The registration process of NGO should follow the rules and regulations of the Indian Companies Act. Being a legal entity, the NGO should work for general mass with non-profit motivation or expectation from their inception. The registration procedures and rules and regulations for Trust, Society and Company are different from each other respectively. If anyone wants to register a trust, then two trustees are must as per the Trust act. From that, one of the trustees should apply with referring to the name of the trust, in order to process the registration procedures without any issues. The process of registration is done by the members of the Trust or NGO.
To register a Society or NGO, the person needs to be registered under Section 20 of Societies Act 1860. And minimum of seven committee members are needed for the registration process of a Society. The registration procedure can take place at state and district level depending on the requirements and location of Society or NGO. The total cost of trust registration, including government and professional fees, would be Rs. 13,999. The total cost of society registration, including government and professional fees, would be Rs. 12,999.
Requirements of NGO Registrations
Under Societies Registration Act, 1860, a minimum of seven or more members are needed to form a trust or NGO and minimum of eight people from seven different states are required as promoters to form a national level Society or Trust or NGO.
One among the promoters must be the authorised person and that person has to register the Trust or NGO with preferred three alternatives names for the NGO or Trust. The name of the NGO is finalised by the registrar after verifying the preferred names with other already registered NGO names. Any Individuals, partnership firms, companies and registered societies are qualified to form a Trust or NGO.
There are two important documents required for the registration process of NGO, they are
- Memorandum of Association
- Rules and Regulations
The Memorandum of Association should contain name, area of operation, registered office, objectives, name of members and names of promoters. The Rules and Regulations should have all the aims and objectives of the Trust or NGO which would govern the functioning of the proposed Trust. It holds the details of membership, meetings, powers and responsibilities of office-bearers, operation of bank account, termination of membership, quorum of meetings, and financial year, procedure of dissolution or merger of Society if needed, and other basic rules required to manage the Trust or NGO.
All the pages of well-drafted Rules and Regulations and Memorandum of the proposed Trust or NGO should be signed by the promoters. And also it is important that the memorandum and Rules and Regulations should be witnessed and attested by Oath Commissioner / Gazetted Officer / Notary Public / Advocate / First Clean Magistrate / Chartered Accountant / has to be prepared and kept ready for the registration process.
Documents Required for NGO Registration
Given below are the documents required for the registration of the Non-Governmental Organisation are:
- Identity Proof (Voter ID/ Aadhar Card, etc)
- Passport (mandatory)
- Proof of residence ( Electricity/ Telephone/ Mobile Bill or Bank Statement).
- Registered Office Address Proof (Rent agreement if the premises is not owned by the company).
- Documents claiming the ownership such as Sale Deed or House Tax receipt along with a NOC.
- At least two shareholders
- Minimum of two directors
- Shareholders and Directors could be the same.
- At least one Director should be an Indiaidenn rest
- There is no minimum capital required.
- Income tax PAN (mandatory)
Documents required for Section 8 Incorporation
The following are the documents required for section 8 company registration are :
- Director Identification Number (DIN) :
- Digital Signature Certificate of Director (DSC)
- Approved Name
- Memorandum of Association & Article of Association
- Proof of ownership (rent agreement/ lease deed)
- Electricity bill which should not be older than 2 months
- NOC from the landlord or the owner
- DIR-12 (appointment of Directors)
- Consent to be directors i.e., DIR-2
- An affidavit from the Directors for not accepting deposits
- INC-9 which is the declaration of each subscriber to MO
If the registrar is completely satisfied with the documents submitted, from Memorandum and Rules and Regulations to all the supportive documents, then he requires the applicant with documents filed and the applicant to deposit the registration fee. On completing all the necessary formalities, the Registrar issues a certificate of registration and certified copies of the Memorandum and Rules & Regulations to the concerned person.