What is required for NGO Registration Process
Before Start You have to know and decide where you want to Register NGO
Before you want to know that how to start and register Non Governmental Organisation (NGO) / Non Profit Organisation (NPO) in India you must be aware of that there are different registration process of different states and authorities in India. There are some registration process apply same for all over India. Mainly there are 3 registration process applicable in India that are apply all over India; as Trust, as Society and as Non Profit Company.
Registration can de done in any process but the legal status of the registered organisation shall be as the charity non profit and non Government organisation (NGO). The status as national or status can be different but it doesn’t matter that in which process you register NGO and what will be the benefits to the NGO based on the registration process are not different as the the eligibility of grant, to get income tax exemption or to get foreign funds. The eligibility to get grants and other benefits depends upon the profile of NGO (that is to be developed after registration of NGO). Means the eligibility doesn’t depend upon the registration process to get grants or FCRA or tax exemption. Process to get registered are different in different states, different districts under different process as Society and as Trust.
One registration process to register NGO as Trust is registration under Indian Trust Act. Indian Trust Act registration is available in most of the states in India. In different states there are different Trust Act and applicable in the States like in Rajasthan The Rajasthan Public Trusts Act 1959 of Devasthan Department and in Maharashtra, The Maharashtra Public Trusts Act, 1950.
Another Registration process in registration of NGO under Societies Registration Act. It is different for different states but the registration process to adopt to register Society is almost similar. The status may be different if you register from the Union Territory Delhi in different process, as national and state level NGO. And if you register the Society form different states then that will be of state level NGO as Society.
The Non Profit Company under Section 8 of Companies Act. Old Non Profit Company Registration was under Section 25. Under Section 8 Non Profit Company is registered as a limited company.
Why to register NGO
Without registering anyone can work anywhere for social welfare but registered NGOs can get legal status in order to getting funds and making financial transaction it is necessary to get the registered status.
Before start you have to know and decide why you want to Register NGO:
To go for the registration and selection of the Registration Process for NGO you have to decide that why you want to form and register the NGO. If you want to do social work based on general social welfare objectives you can get registration and proceed for social development and welfare work for society. If you have specific aim and objective then you have to make your main aim as priority focus objective and also have to include other common objectives to form the NGO. You have to prepare the Trust Deed / Memorandum of Association for NGO that is the basic part of the profile of NGO. If you have any specific issue in your area or community then you can focus on that and form the NGO to work to resolve the issues that you are noticing and people are facing.
How to proceed to form – register NGO you have to follow the following process:
First you have to decide
1. Purpose : Decide the purpose to form and run NGO.
2. Working Area : Decide the area and locality of working to provide social service.
3. Members : Decide who shall be the founder members of NGO.
4. Area of Office : Decide the area of registration office.
5. Registration Office : Decide the Registration Office. The office of NGO registration can be residential area or commercial area. There some certain different parameters of the office of the NGO.
6. Availability of Resources : Decide the resources and parameters you can afford based on which you have to start for change making and welfare process. Initially you have to invest or have to do expenditure for the work, process and resources to start and go ahead to achieve the aim. After that you can get the funds from your supporters.
7. Supporters : Decide the supporters of NGO for which you can get help, time as volunteer, donation as funds and resources.
8. Number of Members : Decide the number of members that want to work as your associates and as partners in social change making and social development process by the NGO that you are going to form and run.
9. Availablity of Minimum Members : You have to decide the number of minimum members required in specific registration process there is no limitation of maximum number but in certain process have to follow certain parameters to add or remove new or more members. In Trust it is easy to add remove more members. In Society also but have to follow the certain rules and guidelines.
10. Registration Process : You have to confirm that under which process you want to get registration that will be easy in registration process; easy before registration, during registration and after registration. Easy means no unnecessary unwanted clerical process, that results in unnecessary time killing and resource consumption including corruption to not delay and to not submit unwanted documents that are not well defined under any law but are based on the desires of the officials of the Registrar offices.
Which registration is best you have to decide Trust, Society or Non Profit Company. Trust is recommended as it is best registration process and option but you have to decide according to your choice.
11. Name of the NGO : Decide the Name of the NGO. Any name can be registered under Trust Act as there is no limitation ion law and Trust Act for the Name. But the name must not be equal to any Government name under Emblem Act.
12. Not Similar and Alternative Names for Society : Name in the Society must not be equal to the name of the previously registered society in that particular jurisdiction of the Registrar of Society. The name can be similar to name of already registered in other registration jurisdiction and registrar of society. So more than one names are to be given for the name of the Society to get registration for.
The names can be given three to six-seven names. Before that it can be checked about the available name for registration.
13. Name of the Non Profit Company : The name of the Non Profit Company can be checked online to get registration with that name. Similar name of Non Profit or For Profit Company can not be used in Registrar of Company under Ministry of Corporate Affairs (MCA).
14. Avoid name similar to Government name : The name of the NGO can not be used as the name similar to nay Government name but there are some unwanted certain parameters in Delhi. Though in Delhi the restriction with certain names can be there with certain words because of the political parameters and unwanted process, beyond the legal parameters, that is decided by political parameters only and the clerks/employees of some Ministry/Department have to do to interrupt the Social work. So the concerned registrar can send the Registration documents to the concerned Central Government Ministry to follow and the unwanted circulars issued to the Registrars by the so called authorities of Ministry especially Consumer Affair Ministry in the name of Emblem Act. The unwanted interruption is created even the name is not under the Emblem Act. The same Undeclared agenda and process is applied here that there is something not specified in any law or Act then the officials and clerks can make unwanted interference according to their will and will or the person who are governing them; such persons include the Government employees of higher grade, political leader who are minister or running the Government or the political party who has some undeclared work and ideas to control through such unwanted process.
15. Priority focus area of Aims : Decide the priority focus area to which you want to work for long. Based on that you can get funds in future from Government and different funding agencies. The work process in particular sector and aim matter to get fund for which you are working with concentration. The area of focus in the last tenure and years matters most to get grant for/in that specific purpose or aim or sector.
Then You have to arrange
1. Identity proofs (IDs) with Address Proof : Have to collect the Identity proofs (IDs) with Address Proof of the Members/ Trustees/ Directors of the Trust / Society Non Profit Company / Charity Organisation as NGO.
Self attested photocopies of IDs of members are required with original ID in registrar office at the time of registration. In some area and process the original IDs are not necessary but it is part of the regular process.
The IDs can be Aadhar Cards, Voter Cards, Passport or Driving License. Keep in mind that at some where in particular registration offices some specific IDs are required. Reason – where the law specially doesn’t specify about any issue then the desire of the registrars and their associates matter. This is applied on many other things also.
2. Photographs : Collect Two passport size photographs of each member.
3. Address of the Office : Based on the decided Office for Registration purpose of Organisation you have to arrange the Address of the Office. You can arrange the office of NGO your residential place/ house or any other residential area or commercial place. Based on some certain different parameters of the office of the NGO you have to consult about this to the NGO Consultant that what and where is to be the office allowed by the concerned registrar/ authority. Initially the NGO office can be at any address but if it is your permanent address or the address of you associates or relative or known person then you arrange that for office purpose. In future it can be changed at anytime whenever it is required.
4. Administrative Office (Not necessary / Optional if desired or applicable) : In Trust you can also arrange and place the Administrative Office along with the Registration office. The administrative office can be from anywhere including your permanent residential place where you reside or want to work apart from the registered office. Sometimes the registered office is required in certain area, as for the national level NGO the office in National Capital Territory of Delhi (NCT) so in that case one another address can be added as additional address.
5. Purposes / Amis / Objectives : Based on the decided Purposes / Amis / Objectives you have to prepare list of the Aims and Objectives of the NGO like Education, Health, Environment Conservation and Protection, Rural Development, Welfare of Children, Women, Old Aged People, Persons with Disabilities (PwD), Yoga, Awaness on Social issues, Animal Welfare and other Social Welfare and Social Development Objectives.
Have to take Services of NGO Consultant / NGO Consultancy
6. By Laws / Rules and Regulation : You have to decide the By Laws/Rules and Regulation of NGO that in accordance with Type of Registration so under that the format shall differ. There are certain legal parameters and based on that the By Laws/Rules and Regulation are prepared.
This is the work of NGO Consultants to prepare the Bye Laws/Rules Regulations. The By Laws/Rules and Regulation are main feature of NGO for future work including to get grant and for the eligibility to get funds and status of the NGO as charity welfare social organisation.
Copy paste By Laws/Rules and Regulation can create any issue including the charity/social welfare public organisation as Non Profit Organisation / Non Governmental Organisation (NGO or NPO) so it is recommended that you have to take service of the consultant for this.
Prepare Memorandum of Association / Trust Deed / Rules and regulations
7. When you decided and arranged the names and IDs of the founder members / trustees directors, name of NGO, registration process under Trust or Society or any other, registration office and area, working area (at state level or at national level), purposes / aims/ objectives of Charity Voluntary Organisation (NGO/ NPO) then you have to prepare the Memorandum of Association and Bye Laws with Objectives and Rules- Regulations.
Arrangement and requirements for Trust Registration
1. Stamp Papers : Certain Stamp of certain value are required for Trust Deed.
Stamp paper for Certain Affidavit required for the Settler.
2. Registration Fees : Have to submit the registration Fees. The required fees is to be deposited in Trust before submission of documents in office. Consultant can deposit the required fees on your behalf.
3. Permission Letter/ NOC-cum-Affidavit / Rent Agreement : For the purpose of the office of the Trust you have to prepare NOC/Permission letter or rent agreement in certain format and submit along with other documents. Consultant can guide and prepare the documents for you based on the information and address proof of the ownership of house provided by you. The Permission letter and rent agreement is prepared on stamp papers of certain values. At different locations of the authorities different rules/requirements are there, so consultant can better guide you in this regard.
In Delhi address of authorised area or Laldora area building is required.
4. Experienced NGO Consultant : The experienced NGO Consultant can better prepare the Memorandum for you.
To run a NGO is like to run a Company or Political Party at management and resources part, so you have to proceed professionally if you want to work for social change making process that is Social Entrepreneurship. For that you have to take services of Consultants.
5. Confirm Required Documents : Preparation of the required documents for different kind/type of registration including the Memorandum and other documents is the work of the consultant. This is the main work of consultant to prepare the necessary required documents in the concerned office area and present on your behalf or present along with your presence.
6. Remuneration for Members
Members can not get salary but remuneration from Project : What about the Members working in the NGO? Yes they can get the economical and other resources to get survival as remuneration under any project run by the NGO. In this regard the Consultant can better guide you if you take consultancy service.
Proceed Documentation for Registration
7. Proceed Documentation Submission : After arranging all the required information, documents and resources you have to proceed for the submission of the Memorandum and other documents for registration in the registrar office.
The consultant can do it for you to submit the documents.
8. Presence in Registrar Office: For the Trust Registration presence at the time of submission of documents in Registrar Office. Presence of all members is necessary in Trust in many states but in few states including Delhi the presence of all members not necessary in registrar office except the Founder/Settler/Deed Author.
9. Signatures for Trust : Signature on the certain documents as on Trust Deed, Memorandum and other papers are necessary when the documents are presented in the office.
This is the consultant’s work to guide you, inform you and prepare you to proceed for that.
10. Process in Registrar Office : For Trust the Trust Deed and other required papers are to be presented to the Registrar. Then registrar approves or sends forward for approval of the rest of the process. During this the photographs of the Trustees are taken in registrar office and signatures are also taken at required places. Then you have to take the acknowledgement slip. After taking the decision for registration if no certain legal or desired formality is due then the signature on the Trust Deed of registrar is placed and after entering in the online and offline record the Trust Deed is provided when the acknowledgement slip is presented in the Office. The authorised Consultant can present the acknowledgement slip and take documents on your behalf.
11. Trust Deed : The registered Trust Deed you get is the registration of the Trust as NGO. In the Trust no separate registration certificate is provided. The registration number is printed officially on the back side paper of Trust Deed, that is the official recognised Trust Registration Certificate only.
Arrangement and requirements for Society Registration
1. Presence of Authority for Society : Presence of members is not required at the time of documents submission for registration of Society but the authority to the General Secretary or President or the Consultant on behalf of the Society is necessary. There are some other requirements in different offices in different areas that is the work of the consultants they have to perform on your behalf if you appoint and pay consultancy to them.
2. Authorisation to authority for Society : For Society after checking the documents and desired formalities the registration Certificate and Signatured Memorandum and Rules and Regulations are received. The authorised person or Consultant can submit the Certificate and Memorandum of Association of Society, so the authorisation letter is to be provided to con of document presenter.
3. Covering request letter : For Society Registration the Covering request letter addressed to the concerned Registrar of Societies for registration under the Societies Registration Act, 1860 is to be submitted.
4. Check list and Memorandum Presentation : Along with that check list of the documents the Memorandum of Association (MOA) of the proposed Society in two copies and Rules and Regulations of the proposed Society in two copies are to be submitted.
5. Relatives as Members permitted : The persons of same family with same blood relations are not allowed in Society as members. Affidavit in prescribed format by the President or Secretary or General Secretary on Rupees 10 Non-Judicial Stamp Paper regarding the relationship between the subscribers (desirous persons) to the Memorandum is to be submitted.
6. Affidavit for change name of Society : In the affidavit it is also to be mention that the name of the society will be changed or rescinded if the desired name already found registered. This affidavit is required to be attested by an Oath Commissioner, Notary Public with Rupees 5 Notarial stamp affixed thereon or Magistrate 1st Class and to be submitted One Copy in original.
7. NOC-cum-Affidavit : For Society office – NOC-cum-Affidavit in prescribed format by the owner or General Power of Attorney holder of premises shown as registered office of the proposed Society on Rupees 10 Non-Judicial Stamp Paper (in original) is to be submitted. Along with the NOC the duly attested Proof of Address that can be Electricity Bill or Water Bill or Property House Tax Receipt, and it should be in the name of owner or General Power of Attorney holder also submitted.
Attested copy of documentary proof in the shape of Sale deed or Lease deed or General Power of Attorney in resident of premises shown as registered office of the society can be asked.
8. Residential address proof of members like the copy of Aadhaar Card or Passport or Voter ID of all desirous persons which may be self attested or attested is to submitted. The Residential IDs attested by a Gazetted Officer or Notary Public or Oath Commissioner is also asked in Delhi.
9. Copy of Membership Register is required, with containing of columns viz Members Name and Address, Date of joining to the society, Date of Resignation or Termination or Death, Members Signature.
In Delhi all the signatures of the desirous persons/ subscribers of the Memorandum must be witnessed by an Oath Commissioner or Notary Public with Notarial stamp affixed, Gazetted officer or 1st Class Magistrate with their official rubber stamp.
10. Signatures of minimum three office bearers (President, General Secretary and Treasurer) are required on each and every page of the Memorandum and Rules & Regulations of the Society is required.
11. In the Memorandum the names of Governing Body office bearers must necessarily be included in the list of desirous persons/ subscribers (that is General Body). The members of the Governing Body cannot be outside from the list of desirous persons/ subscribers to the Memorandum.
12. In case management of or reference to a particular existing places of worship like Mandir, Gurudwara, Masjid, Church or Budh Vihar etc. is involved sufficient documentary proof is required that the society is legally competent for the same, in Society of Delhi.
13. For the state level working Society as the area state or Union Termination, minimum seven desirous persons should be included. In Delhi if you want to form national level (All India) working area Society the desirous persons (members) should be from seven different States of India including one from Delhi.
Arrangement and Process for Non Profit Company Registration as NGO
1. Digital Signature Certificates (DSC) : DSC of the directors issued by Government recognised certifying agency for the Non Profit Company are required to complete the online registration form.
2. Director Identification Number (DIN): DIN for the proposed directors of the Non Profit Company also required.
The scanned copy of PAN Cards, Identification Proof with Address and self-attested copy of PAN, ID proof of directors is required to sumbit the online form on the MCA website.
Submission of Form: The form for Company under section 8 must be attested by chartered accountant or company secretary or cost accountant.
3. For Non Profit Company under section 8 of Company Registration Act;
Initially the available name is to be checked and after that the Tin/Din number, names of members with iDs, Address of the office with proof, Memorandum are to be present. It is the work of the consultant that has to do on your behalf.
After approval of the name and other parameters the Non Profit Company can be registered.
4. Office Address: NOC/ Permission Letter from house owner for office building is to be submitted along with the form.
5. Memorandum of Association: The Memorandum with Objectives/Aims and Bylaws is to be prepared and submitted.
6. After approval of the registration process for the Company The MOA and Certificate of Incorporation along with a unique Company Identification Number (CIN) can be received from Registrar of Companies (ROC) by Ministry Of Corporate Affairs (MEA).
7. The Non Profit Company registered under under section 8 shall enjoy all the privileges and be subjected to all the obligations of limited companies.
8. A firm may be a member of the company registered under the section 8 Non Profit Company.
9. The Non Profit Company is registered with the desired and available name without the words “Private Limited” or “Limited”.
10. If a company makes any default in complying with any of the requirements laid down in this section, the company shall, without prejudice to any other action under the provisions of this section, be punishable with fine on the directors and imprisonment punishment is also applicable.