The procedure for Trust registration involves the below steps:
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.
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.
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 applicant shall prepare the below-mentioned documents required for Society registration. The documents shall be duly signed.
An applicant shall file the signed Memorandum and Rules and Regulations with the concerned Registrar of Societies in the State with the prescribed fee.
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.
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.
For NGO registration as a Section 8 Company, an applicant needs to follow the below steps:
The very first step is to apply for the Digital Signature Certificate. DSC is used for affixing the signature in the electronic forms.
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:
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).
After submitting the SPICE+ Part A, the next step is to download SPICE+ Part B in PDF for incorporation. The related forms are-
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.
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:
INC-9 includes the declaration by the subscriber or First Director.
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.
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.
If the Registrar finds the information and the documents appropriate – they will issue a Certificate of Incorporation to the applicant company.
