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A non-governmental organisation (NGO) is a charitable organisation that works to improve society as a whole. Depending on the activity, it can be established as a Trust, a Society, or a Non-Profit Company [Section 8 Company].
NGO refers to all non-profit organisations in India, including Trusts, Societies, and Section 8 Companies. All non-profit organisations are eligible for income tax exemption.
Non-profitable companies, which refers to a conventional business that does not make a profit, are occasionally mistaken with these.
Each statute specifies the requirements for forming a specific type of organisation, such as Trust Registration, Society Registration, and Section 8 Company Registration. It is critical to select the type of registration method for the nonprofit organisation. Our professionals will assist you with selecting the best option for your eyesight and will walk you through the online registration procedure.
Trust, or more frequently known as Charitable trust, is one of the methods in which an NGO can be registered. The “trustor” or “settlor” creates a legal entity by transferring assets to the second party, the “trustee,” for the benefit of the third party, the “beneficiary.” Trusts are established to assist and support the most vulnerable members of society. Any group of people can form a trust, and there are no special rules governing public trusts in India; however, some states, such as Maharashtra and Tamil Nadu, have their own Public Trust Act.
A society is an entity formed by a collection of people who are committed to fostering science, the arts, literature, social welfare, and useful knowledge. Furthermore, societies contribute to the creation of military orphan funds, as well as the upkeep of public museums and libraries.
The Societies Registration Act of 1860 governs societies. To be qualified for tax exemption, they must be registered with the Registrar of Societies in their particular state.
A Section 8 corporation resembles a trust or a society. Section 8 companies are formed to promote the arts, science, trade, sports, social welfare, religion, charity, and environmental protection, among other things. They are a charitable organisation that is registered under the Companies Act of 2013. They have a higher level of trustworthiness among government agencies, donors, and other stakeholders.
Anyone in India is allowed to participate in social activities without having to create a group or organisation. When an individual wishes to form a group that includes volunteers, activities, and resources, however, effective management is required. A set of regulations must be followed in order to run such businesses, trusts, and societies properly.
Before a registered deed is delivered to an NGO, submission of specific documents is required.
Once the payment for the registration is done, it takes about 8 to 10 days for online registration to be completed under the Indian Trust Act – 1882. Before the deed becomes valid throughout the country, the settler has to deliver a presentation at the registrar’s office.
Note: On the scheduled date for registration, the Author of the Trust shall be present in the Register Office for registration
Note: Once the payment for the registration is done, it takes about 8 to 10 days for drafting the MoA and By-laws of the Society. Thereafter it takes 21 to 30 days for the Society to be registered.
Note: Once the payment for the registration is done, it takes about 8 to 10 days for drafting the MoA and AoA of the Society. Thereafter it takes about 2 months for the entire Company registration to be completed.
| TRUST | SOCIETY | SEC – 8 COMPANY | |
|---|---|---|---|
| Governed by | Trust Act of each state | Societies Registration Act (State Law) | Companies Act, 2013 |
| Members: | Minimum of 3 members and a maximum of 21 members | Minimum of 7 members and the maximum is unlimited | Minimum of 2 Directors/Shareholders |
| Jurisdiction: | Where the registered office of the Trust is situated. Before the Sub – Registrar or the District Registrar in the particular area or the Charity Commissioner. | Where the registered office of the Society is situated. Before the District Registrar in the particular area or the Charity Commissioner. | Online Registration |
| Document: | Trust Deed | Memorandum of Association, By-Laws, Forms | MoA and AoA |
| Board: | Founder or Author of the Trust, Managing Trustees (Treasurer, Auditor, etc.) | Executive Committee (President, Secretary, Vice President, Treasurer), General Body (All members) | Directors |
| Property Management: | The Trustees will administer the Trust’s assets, but they will not be able to sell them without the authorization of the court. | The property of the Society is held in the name of the Society and can be sold according to the terms set forth in the Society’s By-laws. (For example, approval from a member of the Executive Committee) | The company’s property is vested in the name of company and can be sold according to the provisions set forth in the Companies Act (Eg: With the consent of the Board of Directors in the form of a resolution) |
| Annual Compliance | There is no annual filing but the board of trustee must keep the books and accounts proper. | Societies must file annually, with the Registrar of Societies, a list of the names, addresses and occupations of their managing committee members. | There is a requirement of annual compliance by the filing of annual accounts and the return of company with the RoC. |
Depending on the type of work you want to do, it is best to apply accordingly. For the best solution, contact one of our experts for a better understanding as to which registration method suits your NGO the best.
First, you would need to pick a name, then check to see if it is already registered. If the desired name doesn’t exist yet, you can proceed to apply with the Registrar for a Certificate of Incorporation. The easiest way of registering your Non-Government Organization is by doing it with us. We do all the work for you and you don’t have to bother about the running about for the process.
If you do not want to start an NGO, you have other options by which you can help society. You can start a club, a volunteer service, be part of a local chapter of an already existing NGO and even be a fiscal sponsor..
There are many reasons why it is better to register an NGO. One of the most important ones in funds. As an NGO you will receive funds from various quarters. The money you get from donors has to be put in a bank. To open a bank account under a company or an NGO, you need to have some documents. The registration of an NGO provides you with documents to show that funds are received in the NGO's name.
The answer to this question is yes. Government employees or officers can be part of NGOs provided the NGO is not anti-government. There are a few rules too that these people have to follow, one of them is to make sure that the NGO is not profit making.
Besides having the willingness to work for the welfare of society, legally, there are some procedures to follow, these are:-
• First, lay down the mission of your NGO, this means what cause you would like to take up.
• Form a governing body, this body ensure the smooth running of the NGO.
• Finally, register your NGO with the government authorities. This step can be long and painful.
Our experts will help you at every stage of the registration process.
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