Launch Your NGO with Expert Registration Support
At Vijay Tech & Business Solutions, we specialize in providing efficient NGO Registration services to help non-profits establish themselves legally. Whether you are starting a trust, society, or Section 8 company, we guide you through every step of the registration process. Our team ensures that all documentation, compliance checks, and legal formalities are handled accurately and promptly. We simplify the complex legal procedures, ensuring your NGO receives the necessary approvals without delays. With our professional assistance, you can focus on your organization’s mission and impact, while we take care of the legal aspects of setting up your NGO.
NGO registration procedure for a Trust
The procedure for Trust registration involves the below steps:
- Select an appropriate name
- Drafting of Trust deed
- Selecting settlers and trustees of the Trust
- Preparing Memorandum of Association
- Paying the requisite fees
- Collection of a copy of Trust deed
- Submission of the Trust deed with the Registrar
- Obtain the registration certificate
Benefits of registering as a Trust
- Trusts can get land from the government
- There is no federal law that governs public charitable trusts in India. However, it is important to note that some Indian states, such as Madhya Pradesh, Maharashtra, Gujarat, and Rajasthan do have a Public Trusts Act.
- An NGO registered under the Trusts Act can bring into practice the word “Govt. Regd.” or ‘Regd.’
- Avail tax benefits.
- 80G certificate advantage under the Income Tax Act.
- Trusts can get white capital – money or other assets owned by a person or organization or used for starting a company or investing for building construction.
- Benefits under Goods & Service Tax (GST)
NGO registration process for a Society
For NGO registration as a Society, the founding members must first choose – a unique name for the Society and prepare the memorandum of the Society.
- Choosing a name for Society
While selecting a name for the Society, it is essential to keep in mind that as per the Societies Act, 1860, the name should be unique and non-identical. Further, the name proposed by the applicant must not suggest patronage of the Government of India or any State Government or attract the provisions of Emblem and Names Act, 1950.
- Preparing the Memorandum of a Society
While registering the society, an applicant shall prepare the Memorandum of Society. The Memorandum of the Society along with the Rules and Regulations of the Society must then be signed by each of the founding members, witnessed by:
- An Oath Commissioner;
- Notary Public;
- Gazetted Officer;
- Advocate;
- Chartered Accountant; or
- Magistrate 1st Class with their official stamp and complete address.
- Prepare documents
An applicant shall prepare the below-mentioned documents required for Society registration. The documents shall be duly signed.
- Name of the society
- Address proof of the working space
- Identity proof of all the members
- 2 copies of the Memorandum of Association and by-laws of the Society
- Filing of application
An applicant shall file the signed Memorandum and Rules and Regulations with the concerned Registrar of Societies in the State with the prescribed fee.
- Get Society certification
Once the documents are submitted and the Registrar is satisfied with application for Society Registration, they would certify to deem the Society to be registered.
Benefits of registering as a Society
NGOs registering under the Society Registration Act, 1860 can avail the following benefits:
Exemption from income tax: Society registration is a kind of NGO registration where the firm is saved from paying income taxes.
Separate legal identity: An NGO is a separate legal entity in the eyes of the law. A separate legal entity is a The entity has its own legal rights and obligations, separate to those running and/or owning the entity.
NGO registration process for a Section 8 Company
For NGO registration as a Section 8 Company, an applicant needs to follow the below steps:
- Apply for Digital Signature Certificate (DSC)
The very first step is to apply for the Digital Signature Certificate. DSC is used for affixing the signature in the electronic forms.
- Name reservation through SPICE+
The procedure for name reservation of a Section 8 Company is similar to other companies. For the same, click on the ‘SPICe+’ Form placed under ‘MCA Services’. SPICE+ form is used for name reservation of the company that includes all the steps right from the name reservation to post-incorporation compliances.
The applicant of a Section 8 Company must fill the name they want to reserve for the organization. The name shall include a term/label or one similar to it from the below list:
- Federation;
- Chambers;
- Foundation;
- Forum;
- Association;
- Confederation; or
- Council, etc.
- Submission of SPICE+ Part A form
The applicant needs to submit the SPICE+ Part A form for name reservation and incorporation purposes. (DIN Application is also included in the SPICE+ form).
- Filing SPICE+ Part B
After submitting the SPICE+ Part A, the next step is to download SPICE+ Part B in PDF for incorporation. The related forms are-
- SPICe+AoA
- SPICe+MoA
- AGILE PRO
- INC-9 and URC-1 and for affixing the “DSC”
- Preparing MOA and AOA
After the proper filing of the SPICE+ form, an applicant must file MOA and AOA form. All the details, which are common in PART-B, will be auto-fill in MOA and AOA. Both the forms are web-based forms.
An applicant is required to fill in all the details in the MOA/ AOA as per the requirement of Schedule I. Also, affix the Digital Signature Certificate of all the subscribers and professional on the portal for the same.
- Filing the details in AGILE PRO
The next step is to fill all the details in the AGILE PRO form. Like Part A, the details that are common in PART-B shall be auto filled in AGILE PRO. AGILE PRO includes:
- GST- Optional
- EPFO/ ESIC – mandatory
- Bank account – opening the bank account through this form
- Fill requisite details in INC-9
INC-9 includes the declaration by the subscriber or First Director.
- Filing of forms with MCA
An applicant shall file the respective forms with the Ministry of Corporate Affairs / MCA after filling all the requisite details in SPICE+ and AGILE PRO. After successful submission, the documents can be submitted, and DSC can be affixed in the respective form.
- Pre-scrutiny check and payment of requisite fees
The next step to be followed is to do a pre-scrutiny check. After a successful pre-scrutiny check, the applicant must click on the confirmation button. Also, the applicant company is required to pay a requisite fee for “Section 8 Company” registration.
- COI from the Registrar
If the Registrar finds the information and the documents appropriate – they will issue a Certificate of Incorporation to the applicant company.