NGO Registration

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NGO

NGO Registration in India is a popular choice among entrepreneurs due to its benefits such as NGO Registration, separate legal entity, and ease of raising capital. 

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NGO Registration

Registering your company as a NGO Registration could be the key to unlocking unparalleled growth opportunities.

Overview of NGO Registration in India.

NGO registration is the process by which an organization officially becomes recognized as a non-governmental organization (NGO) by the relevant authorities. This recognition allows NGOs to operate legally and access various benefits, such as tax exemptions and eligibility for grants and funding.

Requirement:
  1. Legal Structure
  2. Mission and Activities
  3. Board of Trustees/Members
  4. Financial Management
  5. Compliance

Benefits of NGO Registration in India

  1. Legal Recognition: Official recognition as an NGO provides legal status and credibility to the organization.
  2. Tax Exemptions: NGOs are often eligible for tax exemptions on income generated through their charitable activities.
  3. Access to Funding: Registered NGOs can apply for grants, donations, and funding from government agencies, international organizations, and private donors.
  4. Enhanced Credibility: Registration enhances the organization’s credibility and trustworthiness in the eyes of donors, beneficiaries, and stakeholders.
  5. Ability to Enter Contracts: Registered NGOs can enter into contracts and agreements, including partnerships with other organizations and businesses.

How Register Helps in the NGO Registration Process?

  1. Choose Legal Structure: Decide on the legal structure under which the NGO will be registered (e.g., trust, society, non-profit company).
  2. Name Registration: Choose a unique name for the NGO and verify its availability with the relevant registration authority.
  3. Prepare Documents: Prepare necessary documents such as a constitution, bylaws, memorandum of association, and articles of incorporation.
  4. Submit Application: Complete the registration application form and submit it along with the required documents to the appropriate government department or regulatory authority.
  5. Review and Approval: The registration authority will review the application and documents to ensure compliance with legal requirements.
  6. Receive Certificate: Upon approval, the NGO will receive a registration certificate or similar document confirming its legal status as an NGO.
  7. Compliance: Ensure ongoing compliance with reporting and regulatory requirements to maintain the NGO’s registered status.

Documents Required for NGO Registration in India

  1. Constitution or Memorandum of Association
  2. Articles of Association or Bylaws
  3. Board Resolution or Minutes of Meeting
  4. Address Proof of Registered Office
  5. Identity Proof of Trustees/Members
  6. Financial Statements (if applicable)
  7. Any other documents specified by the registration authority
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Faq - Company Registration

Yes, depending on the laws of the country, foreign nationals may be allowed to serve as trustees or members of an NGO's governing body.

The duration of the registration process varies depending on the country and the efficiency of the registration authority. It can take anywhere from a few weeks to several months.

Yes, if an NGO fails to comply with the laws and regulations governing NGOs or engages in activities that are illegal or against its stated objectives, its registration may be revoked by the relevant authorities.

Registered NGOs are typically required to submit annual reports, financial statements, and other documents to the registration authority to maintain their legal status.

In some cases, it may be possible for an NGO to change its legal structure, but this process may involve additional paperwork and approval from the registration authority.

Trust Registration

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Trust

Trust Registration in India is a popular choice among entrepreneurs due to its benefits such as Trust Registration, separate legal entity, and ease of raising capital. 

BUSINESS REGISTRATION

Trust Registration

Registering your company as a Trust Registration could be the key to unlocking unparalleled growth opportunities.

Overview of Trust Registration in India.

Get Online Trust Registration in India is a pivotal step towards establishing a robust platform for social welfare and community development. With the proliferation of NGOs aiming to make a positive impact, acquiring official registration lends credibility and transparency to their operations. Our platform streamlines the process, offering a seamless digital interface to navigate through the complexities of trust registration. By embracing digitalization, we empower NGOs to focus more on their core missions rather than bureaucratic hurdles.

We understand that navigating the legal landscape can be daunting, especially for grassroots organizations. That’s why our user-friendly interface demystifies the registration process, breaking it down into simple steps. From document submission to compliance checks, our platform ensures that NGOs adhere to all regulatory requirements effortlessly. By facilitating online registration, we aim to foster a vibrant ecosystem where philanthropic endeavours can flourish, driving meaningful change across communities nationwide.

Trusts – A Comprehensive Overview

NGO trusts play a pivotal role in driving social change and addressing various societal issues across the globe. They serve as pillars of support for vulnerable communities, championing causes ranging from education and healthcare to environmental conservation and human rights. This comprehensive overview delves into the essence of NGO trusts, exploring their significance, functions, challenges, and the transformative impact they make in the world.

NGO trusts, also known as non-governmental organizations, are entities formed with a mission to serve the public good. Unlike governmental bodies, they operate independently and are typically driven by a shared vision to alleviate suffering, promote equality, and foster sustainable development. Trusts are established through legal frameworks, with defined objectives and structures aimed at achieving their philanthropic goals.

Why is it necessary to choose the right business structure in India?

  1. Legal Recognition and Credibility:
  2. Tax Benefits and Exemptions:
  3. Enhanced Governance and Compliance:
  4. Access to Funding and Resources:
  5. Perpetual Existence and Succession Planning:
  6. Social Impact and Community Development:

Benefits of Trust Registration in India

  1. Legal Recognition and Credibility:

Trust registration grants legal recognition to an NGO, enhancing its credibility and legitimacy in the eyes of donors, beneficiaries, and governmental bodies. This official status instills trust and confidence, making it easier to attract funding and support from stakeholders.

  1. Perpetual Existence:

A trust enjoys perpetual existence, meaning it can continue its operations regardless of changes in its trustees or members. This stability ensures the sustainability of the NGO’s mission and projects over the long term, providing assurance to stakeholders and beneficiaries.

  1. Flexibility in Operations:

Trusts offer greater flexibility in their operational structure compared to other forms of NGOs. Trustees have significant autonomy in decision-making and management, enabling them to adapt swiftly to changing circumstances and pursue innovative approaches to social impact.

  1. Tax Benefits:

Trusts often qualify for tax exemptions and deductions, making them an attractive option for donors seeking to maximize the impact of their contributions. Additionally, NGOs registered as trusts may enjoy tax benefits on their income and assets, allowing more resources to be directed towards their charitable activities.

  1. Ease of Administration:

Trusts generally involve simpler administrative procedures compared to other legal structures like societies or companies. The regulatory requirements for trust registration are often streamlined, reducing bureaucratic hurdles and administrative overhead for the NGO’s management team.

How Register Helps in the Trust Registration Process?

Step 1: Define Your Mission and Objectives

Before diving into the registration process, it’s crucial to clearly define the mission and objectives of your NGO. What issues or causes will your organization address? Who will benefit from your activities? Establishing a clear vision will guide your organization’s activities and help you attract support.

Step 2: Choose a Name

Selecting an appropriate name for your NGO is important. It should reflect your mission and be memorable to your target audience. Ensure that the name you choose is not already in use by another organization and does not infringe on any trademarks.

Step 3: Draft a Trust Deed

The trust deed is a legal document that outlines the objectives, structure, and rules governing your NGO. It typically includes details such as the name of the trust, its objectives, the names of the trustees, and the procedures for appointing new trustees. Consider seeking legal advice to ensure that your trust deed complies with local regulations and effectively captures your organization’s intentions.

Step 4: Identify Trustees

Trustees are responsible for managing the affairs of the trust and ensuring that its objectives are met. Choose individuals who are committed to your organization’s mission and have the skills and experience necessary to contribute effectively. Most jurisdictions require a minimum of two trustees, but you may choose to appoint more depending on your organization’s needs.

Step 5: Register the Trust

The process of registering your trust will vary depending on the laws and regulations in your jurisdiction. In many cases, you will need to submit the trust deed and other relevant documents to the appropriate government authority, such as the registrar of trusts or the charity commission. Pay any required fees and adhere to any specific requirements outlined by the regulatory body.

Step 6: Obtain Tax Exemption Status

Once your trust is registered, you may be eligible to apply for tax-exempt status. This will allow your organization to receive donations and grants tax-free, making it more attractive to potential donors. The process for obtaining tax exemption status will vary depending on your jurisdiction, so be sure to research the requirements and submit any necessary applications.

Step 7: Establish Operational Procedures

With your trust registered and tax-exempt status obtained, it’s time to establish the operational procedures that will govern your NGO’s activities. This may include developing financial management systems, fundraising strategies, and programmatic initiatives. Consider creating policies and protocols for governance, reporting, and accountability to ensure transparency and compliance with legal requirements.

Documents Required for Trust Registration in India

  1. Trust Deed:
  2. Photographs: 
  3. PAN Cards: 
  4. Address Proof:
  5. Identity Proof: 
  6. Authentication from Partners: 
  7. No Objection Certificate (NOC): 
  8. Utility Bill: 
  9. Registered Office Address Proof: 
  10.  Income Tax Certificates: 

Faq - Company Registration

Trust registration provides legal recognition to your NGO, making it eligible to receive grants, donations, and other forms of funding. It also enhances credibility and ensures transparency in operations.

  • A trust operates under a trust deed and is managed by trustees, whereas societies and section 8 companies are governed by their respective Acts. Trusts are generally preferred for charitable activities due to their simplicity in structure and administration.

Any individual who is of sound mind, not disqualified by law, and willing to act in the best interests of the NGO can be appointed as a trustee. Trustees are usually volunteers with a passion for the NGO's cause.

The necessary documents include the trust deed, identity proof of trustees, address proof of the registered office, and affidavits from trustees declaring their willingness to act as trustees.

The registration process typically takes between 1 to 3 months, depending on the jurisdiction and the completeness of the application submitted.

While registration is not mandatory for all NGOs, it is highly recommended as it provides legal recognition, tax benefits, and credibility, which are crucial for effective operations and fundraising.

Section 8 Company Registration

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Section 8 Company

Section 8 Company Registration in India is a popular choice among entrepreneurs due to its benefits such as Section 8 Company Registration, separate legal entity, and ease of raising capital. 

BUSINESS REGISTRATION

Section 8 Company Registration

Registering your company as a Section 8 Company Registration could be the key to unlocking unparalleled growth opportunities.

Overview of Section 8 Company Registration in India.

Section 8 of the Companies Act, 2013 in India provides a unique opportunity for organizations with charitable objectives to incorporate as a company. These entities, commonly known as Section 8 companies, operate with the primary goal of promoting social welfare, charity, education, environment conservation, and other similar objectives. This article aims to provide a detailed overview of Section 8 company registration, outlining the key steps, benefits, and requirements for NGOs considering this legal structure.

A Section 8 company, as per the Companies Act, 2013, is formed for promoting commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object. Unlike other companies, Section 8 companies do not have the primary objective of profit generation; instead, they aim to apply their profits towards promoting their stated objectives.

Why is it necessary to choose the right business structure in India?

  1. Legal Compliance:
  2. Non-profit Purpose:
  3. Tax Benefits:
  4. Credibility and Trust:
  5. Limited Liability:
  6. Access to Funding:
  7. Perpetual Existence:

Benefits of Section 8 Company Registration in India

  1. Legal Recognition and Credibility: Section 8 Company registration provides legal recognition to the NGO, enhancing its credibility and trustworthiness in the eyes of donors, beneficiaries, and other stakeholders. This recognition can lead to increased support and partnerships.
  2. Tax Benefits: Section 8 Companies enjoy various tax benefits, including exemptions from income tax, provided the income is applied for the charitable or philanthropic purposes of the organization. Additionally, donors to Section 8 Companies can avail tax benefits under Section 80G of the Income Tax Act.
  3. Limited Liability: Members and directors of a Section 8 Company have limited liability. This means their personal assets are protected in case the organization faces any legal liabilities or debts, offering a sense of security to those involved.
  4. Perpetual Succession: Unlike other forms of organizations, a Section 8 Company has perpetual succession. This means that the existence of the NGO is not affected by the death or departure of its members or directors. It ensures the continuity of the organization’s mission and activities.
  5. Access to Funding: Being a registered Section 8 Company opens up avenues for accessing various sources of funding, including government grants, foreign contributions, corporate social responsibility (CSR) funds, and philanthropic donations. This facilitates financial sustainability and enables the organization to scale its impact.
  6. Flexibility in Operations: Section 8 Companies have flexibility in their operations, allowing them to undertake a wide range of charitable activities, including education, healthcare, environmental conservation, poverty alleviation, and cultural promotion, among others. This flexibility enables them to adapt to changing societal needs and address emerging challenges effectively.

How Register Helps in the Section 8 Company Registration Process?

Step 1: Conducting Preliminary Research

Before initiating the registration process, conduct thorough research to ensure clarity on your organization’s objectives, mission, and target beneficiaries. Determine the feasibility of your social welfare activities and identify the geographical scope of your operations.

Step 2: Choose Suitable Name and Objectives

Select a unique and meaningful name for your NGO that reflects its mission and values. Ensure the name complies with the naming guidelines specified by the Ministry of Corporate Affairs (MCA). Define clear objectives aligned with the intended social causes and activities your organization will undertake.

Step 3: Drafting Memorandum and Articles of Association

Prepare the Memorandum of Association (MoA) and Articles of Association (AoA) outlining the objectives, governing rules, and regulations of your Section 8 Company. Seek legal assistance to ensure compliance with the Companies Act, 2013, and other applicable regulations.

Step 4: Obtaining Digital Signatures and Director Identification Numbers (DIN)

Obtain Digital Signatures Certificates (DSC) for all proposed directors to facilitate online filings. Additionally, apply for Director Identification Numbers (DIN) for each director through the MCA portal.

Step 5: Filing for Name Approval

Submit an application for name approval through the RUN (Reserve Unique Name) service on the MCA portal. Ensure the proposed name complies with regulatory guidelines and is not identical or similar to existing registered companies or trademarks.

Documents Required for Section 8 Company Registration in India

1. Profile of Promoters (E-lawyering doc)
2. Income Projection
3. Grounds of Application (e-lawyering doc)
4. INC 15 – Declaration
5. Draft Memorandum of Association
6. Draft Articles of Association
7. Copy of PAN
8. Copy of Address Proof – Telephone Statement
9. Second ID Proof
10. Electricity Bill Copy or
11. Gas Bill
12. Ownership proof

Faq - Company Registration

A Section 8 Company, as per the Companies Act, 2013, is a non-profit organization formed with the main objective of promoting charitable activities, arts, science, commerce, education, social welfare, religion, environment protection, or any such other objectives. Unlike other companies, the primary aim of a Section 8 Company is not to earn profits but to promote social welfare causes.

  • Non-profit motive: Section 8 Companies operate with the sole purpose of promoting charitable or social welfare objectives without aiming to generate profits for its members.
  • Limited liability: Members of a Section 8 Company have limited liability, meaning their personal assets are not at risk in case of any liabilities incurred by the organization.
  • No minimum capital requirement: Unlike other types of companies, Section 8 Companies do not have any prescribed minimum capital requirement for registration.
  • Exemption from certain provisions: Section 8 Companies enjoy exemptions and relaxations in compliance with certain provisions of the Companies Act, making it easier for them to function effectively.
    • To register a Section 8 Company, the following conditions must be met:

     

    • The proposed company must have charitable objects or objectives mentioned in its Memorandum of Association.
    • The promoters or directors must not have any financial interest in the company's profits or gains.
    • The proposed name of the company should not resemble the name of any existing company or violate any trademarks.
  • The registration process involves the following steps:

    • Obtain Digital Signature Certificate (DSC) and Director Identification Number (DIN) for the proposed directors.
    • Apply for name reservation through the Ministry of Corporate Affairs (MCA) portal.
    • Prepare the Memorandum of Association (MOA) and Articles of Association (AOA) in the prescribed format.
    • Submit the application for incorporation along with necessary documents to the Registrar of Companies (ROC).
    • Upon approval, the ROC issues a Certificate of Incorporation, following which the Section 8 Company is deemed registered.

A Section 8 Company typically has a Board of Directors responsible for managing its affairs, including decision-making, policy formulation, and implementation of projects. The Board may also appoint key managerial personnel and form committees as necessary to oversee specific functions such as finance, governance, and fundraising. Additionally, the company may have members or volunteers who actively participate in its activities and contribute to achieving its objectives.

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