NGO Registration Korba | Consult Expert CA Online Free

NGO Registration Korba

NGO Registration Korba

NGO Registration in Korba: A Step-by-Step Guide

Non-Governmental Organizations (NGOs) play a crucial role in addressing social and environmental issues and providing aid to underprivileged communities. In the city of Korba, located in the state of Chhattisgarh, there is a growing need for NGOs to address various social, economic, and environmental challenges faced by the local population. However, establishing an NGO in Korba requires careful planning and compliance with legal regulations. In this article, we will provide a comprehensive guide to NGO registration in Korba, outlining the necessary steps and requirements for setting up a nonprofit organization in the city.

Step 1: Understanding the Legal Framework

Before initiating the process of NGO registration in Korba, it is essential to have a clear understanding of the legal framework governing nonprofit organizations in India. The primary legislation that governs NGOs in India is the Indian Trusts Act, 1882, the Societies Registration Act, 1860, and the Companies Act, 2013. In addition to these central laws, NGOs also need to comply with the regulations set by the Income Tax Department and the Foreign Contribution (Regulation) Act, 2010 (FCRA) when seeking donations and grants from foreign sources.

Step 2: Choosing the Type of NGO

NGOs can be formed in Korba as Trusts, Societies, or Section 8 Companies. A Trust is suitable for organizations engaged in charitable activities, while a Society is ideal for associations and clubs working for social welfare. Section 8 Companies, also known as non-profit companies, are suitable for larger NGOs with a significant scope of operations and a desire for a corporate structure. Depending on the nature and scale of the NGO’s activities, the founders must choose the most suitable legal structure for their organization.

Step 3: Board of Management

In the case of a Trust, the NGO must have a board of trustees who will be responsible for managing the organization’s affairs. For a Society, a governing body or managing committee is required. In the case of a Section 8 Company, a board of directors will oversee the operations. The board or committee must have a minimum number of members as per the relevant law, and their appointment and powers must be clearly defined in the organization’s constitution or bylaws.

Step 4: Name Reservation and Memorandum of Association/Articles of Association

Once the type of NGO and the board of management are decided, the next step is to choose a unique name for the organization and reserve it with the Registrar of Companies (RoC) in Chhattisgarh. It is important to ensure that the proposed name is not identical to any existing organization and complies with the naming guidelines prescribed by the RoC. Following the name reservation, the NGO must draft its Memorandum of Association (MoA) and Articles of Association (AoA) as per the applicable law. These documents outline the objectives, rules, and regulations of the organization and must be submitted to the RoC along with the registration application.

Step 5: Registration Process

The registration process for Trusts, Societies, and Section 8 Companies in Korba varies based on the legal structure chosen. For Trusts, the application for registration is submitted to the local Sub-Registrar under whose jurisdiction the registered office of the Trust is located. The application must be accompanied by the MoA, AoA, and other supporting documents, including address proof, identity proof of trustees, and proof of payment of the prescribed registration fee.

For Societies, the application for registration is submitted to the Registrar of Societies in Chhattisgarh. The application must be accompanied by the MoA, AoA, a list of members of the governing body, and proof of payment of the registration fee. Once the Registrar is satisfied with the documents and the compliance of the application with the Societies Registration Act, 1860, the NGO is registered and issued a certificate of registration.

For Section 8 Companies, the registration process involves obtaining a license under Section 8 of the Companies Act, 2013. The application for the license must be submitted to the RoC along with the MoA, AoA, and other statutory documents. The RoC will examine the application and grant the license if all requirements are met. Following the grant of the license, the company can apply for incorporation by submitting the incorporation documents and paying the requisite fees.

Step 6: Obtaining Tax Exemptions

Once the NGO is registered, it is essential to obtain tax exemptions for the organization. NGOs can seek income tax exemptions under Section 12A and 80G of the Income Tax Act, 1961. To obtain these exemptions, the NGO must apply to the Commissioner of Income Tax (Exemptions) in Chhattisgarh, providing details of its objectives, activities, and financial statements. The Commissioner will assess the application and, if satisfied, grant the necessary exemptions, enabling the NGO to receive tax-deductible donations and enjoy tax benefits.

Step 7: Obtaining FCRA Registration (if applicable)

NGOs seeking to receive foreign contributions must obtain registration under the Foreign Contribution (Regulation) Act, 2010 (FCRA). The application for FCRA registration must be submitted to the Ministry of Home Affairs, Government of India, through the online FCRA portal, along with the required documents and details of the NGO’s activities. The Ministry will examine the application and grant FCRA registration if the NGO complies with the provisions of the FCRA and its regulations.

Conclusion

Setting up an NGO in Korba requires careful consideration of legal requirements and compliance with the relevant laws and regulations. By understanding the step-by-step process of NGO registration and adhering to the legal framework, individuals and organizations can establish nonprofit entities to address the pressing social, economic, and environmental issues in the city of Korba and contribute to the welfare and development of the community. It is important to seek professional guidance and legal assistance to ensure the smooth and successful registration of an NGO in Korba and its subsequent operation.,
NGO Registration Korba

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NGO Registration Korba

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NGO Registration Korba

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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NGO Registration Korba

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NGO Registration Korba

Author:
Avik Kedia

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