Section 8 company (NGO/Trust/Society)

Section 8 company

Non-Governmental Organisation (NGO) registration in India involves various legal structures depending on the nature and objectives of the organisation. One common structure is Society Registration, which is governed by the Societies Registration Act, 1860. Societies are typically formed for the promotion of social welfare, arts, education, and other charitable activities. For a society, a minimum of seven members is required, and the registration is done with the Registrar of Societies. Another structure is Section 8 Company Registration, governed by the Companies Act, 2013, which allows for the formation of a non-profit company that can be either a private limited company or a public limited company. The registration process involves obtaining approval from the Registrar of Companies and adhering to the compliance norms set forth by the Government of India.

NGOs aiming for national and international recognition often register with the NGO-Darpan Portal, managed by NITI Aayog. This portal facilitates transparency and ensures that NGOs can receive government grants and foreign contributions. The NGO DARPAN ID is a crucial credential for gaining legitimacy and accessing resources from the Government of India and other governmental organisations. To establish a robust identity, NGOs also pursue Trademark Registration to protect their brand and ensure exclusive rights to their name and logo. Additionally, NGOs must comply with tax regulations by obtaining GST Registration if their annual turnover exceeds the threshold limit. NGOs can also list their entities under NGO DARPAN for better visibility and networking.

The governing structure of an NGO is defined by its Governing Body, which includes office bearers such as the President, Secretary, and Treasurer. Each member of the governing body is required to provide identity proof, typically an Aadhar Card, during the registration process. Special attention is given to organisations working for Persons with Disabilities, ensuring they comply with specific laws and gain support from government schemes.

Eligibility Criteria to Start an NGO

Starting an NGO in India requires meeting specific eligibility criteria. These criteria ensure that the NGO operates legally and ethically. The key eligibility requirements include:

• Minimum Members: A minimum of three members is required to start an NGO.

• Age: All founding members must be at least 18 years old.

• Purpose: The NGO must have a clear and specific purpose, focusing on social, environmental, or economic issues.

• Documentation: Founders must provide valid identification documents, including PAN cards and address proofs

• Compliance: The NGO must comply with the regulations outlined in the Societies Registration Act of 1860, the Indian Trusts Act of 1882, or the Companies Act of 2013, depending on the type of registration chosen.

Acts Governing NGO Registration Process

The registration of NGOs in India is governed by specific Acts, depending on the type of organisation:

Societies Registration Act, 1860:

Governs the registration and functioning of societies engaged in charitable activities.

Indian Trusts Act, 1882:

Applicable to NGOs formed as public charitable trusts, outlining their registration and management.

Companies Act, 2013:

Governs NGOs registered as Section 8 companies, focusing on promoting charitable objectives.

Each Act provides guidelines on registration procedures, management structures, and compliance requirements for NGOs in India.

Classification of NGOs

NGOs can be classified based on their orientation towards various causes and issues:

Human Rights NGOs:

Focus on advocating for and protecting human rights and freedoms.

Environmental NGOs:

Work towards environmental conservation, sustainability, and combating climate change.

Health NGOs:

Dedicated to improving healthcare access, services, and public health initiatives.

Education NGOs:

Promote education, literacy, and skills development among disadvantaged communities.

Women's Rights NGOs:

Advocate for gender equality, women's empowerment, and addressing issues like violence and discrimination.

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Documents Required

To successfully register an NGO in India, you must prepare and submit the following essential documents:

  • All Founding Members - Valid identity and address proof (PAN,Aadhaar,Voter ID,Photo & Bank Details
  • Address Proof - If Rented/Leased: Rental agreement and No Objection Certificate (NOC) from the property owner. If Owned: Ownership document such as Property deed.
  • Utility Bills: - A copy of the latest electricity bill, water bill, or gas bill (not older than 2 months) for the registered office
  • Memorandum of Association (MOA) - A document that outlines the NGOs objectives and governing structure.
  • Articles of Association (AOA) - Defines the rules and regulations for the NGO's internal management.
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