An NGO is a non-government organization with a charitable purpose, in general for the betterment of society. It can be started as a Trust, a Society, or a Non-Profit Company [Section 8 Company], depending on the activity you are taking.

Acts Governing NGO Registration Process

Each law defines the formation of a different type of organization, namely –  Society Registration, Trust Registration, and Section 8 Company Registration. Choosing the kind of registration procedure for the charitable firm is very crucial.

Why Register An NGO In India?

Benefits

  • A registered NGO gains legal status and becomes accountable for the funds received. For instance, when an individual or any person donates funds to a charitable trust, it is received under the name of the organization or NGO and used for the trust’s activities.
  • An organization that is registered as an NGO reinforces the social, ethical, and legal norms of our society.
  • The basic requirement for an NGO is to having a bank account under name of NGO’S . In order to open an bank account, it is necessary to be registered as a Trust, Section 8 Company.
  • The registration of an NGO is necessary or important to seek tax exemption from the Income Tax Authority.

Registration Of NGO In India

Trust

Trust is a legal entity created by the “trustor” who transfers the assets to the second party called “trustee” for the benefit of the third party known as “beneficiary”. Trusts are formed to help and support the deprived sections of the community or society. Any group of individuals can register a trust and in India, as such there are no specific laws to govern or regulate the public trust, there are some states like Maharashtra have their own Public Trust Act or Laws.

Societies

A society is an entity that can be made by a group of person or  individuals united in their cause for promoting science, literature’ arts, social welfare. In addition, societies work for creating for, maintaining public museums and libraries etc.

Societies are regulated or Governed by the Societies Registration Act, 1860.

Section 8 Companies

Section 8 of company law is similar or identical to the trust and social act. The purpose of the Section 8 Companies act is to promote arts, science, sports, social welfare, religion, charity, and environmental protection. Registered under the Companies Act, 2013.

Documents For Online Trust Registration.

  • A bill of electricity stating the address that needs to be registered.
  • The identity proof of at least 2 members or holders of the company. The proof can be:
  • Voter Id.
  • Driving License.
  • Passport.
  • Aadhaar Card.

Society Registration

  • The following papers are essential for a society registration.
  • The name of the society.
  • Address proof of the office.
  • Identity proof of all the 9 members of society. 
  • Driving License.
  • Copy of Passport.
  • Voter ID.
  • Aadhaar card.
  • Two copies of the [MOA] Memorandum of Association.

Section 8 Of the Companies Act

According to companies act the following papers required 

  •  The name of the Company for approval.
  •  Address proof of the office. It can be electricity or house tax receipts.
  •  Identity proof of all the Directors.
  •  Driving License.
  •  Copy of Passport.
  •  Voter ID.
TRUSTSOCIETYSEC – 8 COMPANY
Governed byTrust Act of each stateSocieties Registration Act (State Law)Companies Act, 2013
Members:maximum of 21 members. and a minimum of 3 members and a minimum of 7 members and the maximum member unlimitedMinimum of 2 Shareholders
Document:Trust DeedMemorandum of AssociationMoA, and AoA
Board:Founder of the Trust, Managing Trustees (Treasurer, Auditor, etc.)Executive Committee includes (President, Vice President, Secretary,  Treasurer), General Body (All members)Directors
Property ManagementThe properties of the Trust will be managed by the managing Trustees, however, the properties cannot be sold by the Trustees or by any other person without obtaining permission from the court.The property of the society is in the name of the Society The property[movable or immovable] of the company vests in the name of the Company and the same can be sold as per the rules mentioned under the Companies Act.