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NGO Trust/Non Profit Organization

Non-governmental organizations also called nongovernmental or nongovernment organizations commonly referred to as NGOs, are usually non-profit and sometimes international organizations independent of governments and international governmental organizations (though often funded by governments) that are active in humanitarian, educational, health care, public policy, social, human rights, environmental, and other areas to effect changes according to their objectives. They are thus a subgroup of all organizations founded by citizens, which include clubs and other associations that provide services, benefits, and premises only to members. Sometimes the term is used as a synonym of "civil society organization" to refer to any association founded by citizens, but this is not how the term is normally used in the media or everyday language, as recorded by major dictionaries.

A non-profit organization (NPO) is one which is not driven by profit but by dedication to a given cause that is the target of all income beyond what it takes to run the organization. Non-profit organizations are often used for trusts, cooperatives, advocacy, charity, environmental and religious groups. Many but not all NPOs have paid staff in management positions; almost all use volunteers. NPOs have no owners for surplus profits to go to and any surplus after operating expenses are used to further its goals instead of being distributed between members or employees of the organization. For an NPO to qualify as a government-recognized and tax-exempt organization it has to fulfill conditions set out by government agencies. In the United States, the IRS determines the validity and tax status of NPOs.

NPOs often rely on the dedication of employees who believe in their cause because it’s hard for them to compete with private sector wages. On the other hand, executive salaries are often quite high as a means of competing with equivalent positions in the private sector.

Services For Charitable Trust/Non Profit Organization

  1. 12 A Registration

  2. 80 G Registration

  3. Section 8 Registration

What is the purpose of NGO registration?

What distinguishes a non-government organization from any other organization is the objective with which it is established. The main objective of every organization is that profit making as it ensures smooth functioning and future growth. However, it is done with only one objective i.e. to help others. The sector it works in might differ but the ultimate objective and inherent desire of supporting the under privileged, social welfare is always there and works as a driving force.

This can be done through many ways like education, trade, art, skill development, cultural promotion etc. While starting a non-profit organization one must clearly define a clear vision for which it is established and will be operated. Along with clarity regarding organizational goals they must also define the beneficiary. Beneficiary can either be public in general or a set of people.

How do I register non profit in India?

  1. Decide what would be the name of your Section 8 Company.

  2. Apply for and obtain the digital signature of the director of the said company.

  3. Apply for an obtain the Director Identification Number

  4. File an application to reserve the name of the company

  5. Draft the MOA and AOA of the company: Mention in the Memorandum that the purpose of the company is non profit activities.

  6. File the application of Section 8 company registration.

  7. Once scrutinized by the registrar of companies, you are going to get the certificate of Registration.

What are the laws applicable for NGO Registration in India?

In India it can be done in three forms under their regulating Acts. These three options are listed below:

  1. Trust Registration under The Indian trusts Act, 1882

  2. Society registration under Societies Registration Act, 1860

  3. Section 8 Company Registration under Companies Act, 2013
Frequently Asked Questions

In general practice you will be eligible for government funding after 3 years of successful NGO registration. However, in certain special cases if the NGO can get project approvals government funding can be acquired after just one year of NGO registration.

No, promoters are not eligible to receive any kind of dividend out of the earnings as Section 8 company work with charitable objects. If any promoter has incurred any expenses or cost while performing any duly on behalf of the NGO then only such amount can be reimbursed to the promoters by the organization.

Following are the minimum no of member required for NGO registration;

  1. For Trust, minimum 3 members are required. One Assignee and minimum two trustees.

  2. For Society, minimum 7 members are required. However, if the society is registered on national level than 8 members are required from different states.

  3. For Section 8 Company, minimum 2 members are required.

In order to accept any king of foreign grants the NGO is required to acquire FCRA registration under Foreign Contribution (Regulation) Act, 2010.

In general practice FCRA registration can be applied only after expiry of 3 years from the date of NGO registration. However, after successful NGO registration the entity can apply for 'prior approval' under FCRA regulation for accepting foreign remittance. In order to apply for prior approval following conditions must be satisfied;

  1. The foreign grant will be remitted by a specific contributor.

  2. Such grant will be utilized for a specific project.

  3. NGO must be in possession of a approval letter issued by such contributor.

The most important point of consideration before initiating the NGO registration procedure is finalizing a name for the proposed NGO. Following factors must e considered in the process;

  1. The proposed name must not violate any of the provisions of The Names and Emblems (Prevention of Improper Use) Act 1950.

  2. The proposed and must not be obscene or shall not indicate any kind of mis-regard to any section of society or group of people.

  3. The name for the proposed NG registration must not indicate any kind of affiliation to any government body.

  4. Name must not be similar to any already registered entity in that particular category.

Following person can become a member at the time of NGI registration;

  1. Any resident individual.

  2. Any foreigner can also subscribe to the incorporation document.

  3. Any registered partnership Firm or limited Liability Partnership.

  4. Company registered under Companies act, 2013.

  5. Any registered society.

Yes. after NGO registration is completed you are recommended to apply for 80G and 12A registration under Income Tax Act, 1961. These registrations ensure dual tax exemptions, to the NGO as well as to its donors.

At Enterslice, we have group of expert professionals like Chartered Accountants, Company Secretaries, lawyers and other industry experts who are dedicated towards a common goal i.e. customer satisfaction. We provide consultation is choosing the best business model for your non-profit organization. Along with that we ensure smooth and hassle free NGO registration services.