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NGO Registration in India
Non-Governmental Organizations (NGOs) play a crucial role in the development and welfare of society. They are non-profit organizations that work towards advancing specific social causes, such as human rights, education, healthcare, and environmental conservation. In India, the registration process for NGOs is governed by the Foreign Contribution (Regulation) Act, 2010 (FCRA) and the Societies Registration Act, 1860. NGO registration is a necessary step for organizations looking to operate legally and access funding from both national and international sources.
The process of registering an NGO in India can be complex and time-consuming due to the various legal and administrative requirements. However, understanding the process and seeking guidance from experts can streamline the registration process and ensure compliance with the relevant laws. In this article, we will discuss the procedure for NGO registration in India, the documents required, and the benefits of obtaining registration.
Procedure for NGO Registration
The registration of an NGO in India can be carried out under various legal forms, such as a Trust, Society, or Section 8 Company. Each legal form has its own set of requirements and benefits, and the choice of legal form depends on the specific objectives and activities of the NGO.
1. Trust Registration: To register an NGO as a Trust, the organization must draft a Trust Deed that outlines its objectives, governing rules, and management structure. The Trust Deed must be signed by the NGOs founders and registered with the local Sub-Registrar of assurances. The registration process may vary across different states in India.
2. Society Registration: NGOs can also register themselves as societies under the Societies Registration Act, 1860. To do so, the organization must draft a Memorandum of Association (MOA) and Rules and Regulations that govern its activities and structure. The MOA and Rules and Regulations must be submitted to the Registrar of Societies, along with the requisite registration fees.
3. Section 8 Company Registration: NGOs seeking to operate as companies limited by guarantee or with unlimited liability can register under Section 8 of the Companies Act, 2013. To register as a Section 8 company, the NGO must apply for a license from the Ministry of Corporate Affairs and comply with the regulations prescribed under the Companies Act.
Documents Required for NGO Registration
The documents required for NGO registration vary based on the chosen legal form (Trust, Society, or Section 8 Company) and the state in which the organization is registering. However, some common documents include:
1. Trust Deed or Memorandum of Association and Rules and Regulations, depending on the chosen legal form
2. Address proof of the registered office
3. Identity proof of the NGOs founders and governing body members
4. PAN card and Aadhaar card of the NGOs founders and governing body members
5. NOC from the landlord of the registered office, along with the lease agreement or rent receipt
6. Declaration by the NGOs founders and governing body members attesting to their non-association with any banned organizations or anti-national activities
7. Registration fees, as prescribed by the relevant authority
Benefits of NGO Registration
Obtaining registration under the FCRA and the Societies Registration Act, 1860 or the Companies Act, 2013 offers various benefits to NGOs in India. Some of these benefits include:
1. Legal Recognition: Registered NGOs are recognized as legal entities and can enter into contracts, own property, and sue or be sued in their own name. This legal recognition enhances the credibility and accountability of the organization.
2. Access to Funding: Registered NGOs can receive domestic and foreign funding to support their activities. Donors and funding agencies are more likely to provide financial support to registered NGOs that comply with the regulations and are transparent in their operations.
3. Tax Benefits: NGOs registered under Section 12A of the Income Tax Act, 1961 are eligible for tax exemptions on their income. Additionally, donors contributing to such NGOs may receive tax benefits under Section 80G of the Income Tax Act.
4. Enhanced Credibility: Registration adds to the credibility and trustworthiness of the NGO, as it demonstrates compliance with legal and regulatory requirements. This credibility can help in attracting volunteers, partners, and beneficiaries.
5. Increased Opportunities: Registered NGOs have access to various government schemes, grants, and partnerships. They may also participate in collaborative projects with other organizations and government agencies.
6. Regulatory Compliance: Registration ensures that the NGO complies with the various legal and administrative requirements, thereby reducing the risk of penalties or legal action.
Conclusion
NGO registration in India is a critical step for organizations seeking to operate legally and access funding for their social causes. The registration process involves choosing the appropriate legal form (Trust, Society, or Section 8 Company), drafting the necessary documents, and submitting the application to the relevant authorities. By obtaining registration, NGOs can benefit from legal recognition, access to funding, tax exemptions, enhanced credibility, and increased opportunities for collaboration and partnerships. It is imperative for NGOs to understand the registration process and seek professional guidance to ensure compliance with the relevant laws and regulations. With the right approach, NGOs can navigate the registration process effectively and continue their essential work in contributing to the betterment of society.,
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This article is only published for informational purposes. Please consult your Chartered Accountant or Financial Advisor before making any important financial decisions. This article has been written by Chartered Accountant Avik Kedia.The images displayed here have been generated using openai chatgpt or google gemini or microsoft bing copilot or google bard or Twitter Grok Ai other X AI artificial intelligence ai tools and plugins and scripts and websites and applications. You may download and use these images for your personal projects at your own discretion.
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