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NGO Registration in India

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ABOUT

What is NGO Registration?

A Non-Governmental Organization, popularly known as NGO is a unit that operates independently without the aid of government with a particular aim towards the welfare of public, a social agenda, child education, care of environment, wildlife, etc. These operate at different levels and with a wide range of agenda. NGO Registration may be operational only at a village level and may even be spread across the country in various cities.

The agenda may vary from health issues to the elimination of social evils. It is a non-profit organization hence, the profits are only utilized to go forward with the agenda and no dividends are distributed to any members.
Facts

Benefits of Section 8 Company over Trust and Society

Tax Exemption

Numerous Tax exemptions are provided to Section 8 Companies, specifically to the donors who are contributing to Section 8 Companies, they can claim the Tax exemption against the donation they made to a Section 8 company.

No Minimal Capital required

There is no prescribed limit over section 8 companies for the minimum capital requirement unlike other entities such as public limited.

No Stamp Duty

A company enjoys perpetual existence unlike other forms of business i.e.,the company continues to exist irrespective of the status of the owner.

Separate Legal entity

A Section 8 company is a legal entity and a juristic person established under the Act. TA Section 8 Company also has a perpetual existence.

Credible

A Section 8 Company has more credibility as compared to any other Non-profit organization structure be it a Trust or Society. As it is a licensed by the central government. It has more stringent regulations such as no change in MOA and AOA can be done at any stage or situation in a Section 8 Company.

Arvian

How Our Team Work

Communication

We Give Right Suggestion With Implementation.

Efficiency

We Delever Your Section 8 Company Registration Certificate in mentioned Period.

Support

We Give 24*7 Hours Support

NGO Registration

  • Trust
  • Society
  • Company u/s 8 of Companies Act, 2013
Difference between

Trust, Society and Section 8 Company

Basis Trust Society Section 8 Company
How it is Governed Indian Trust Act, 1882 Societies Registration Act 1860, which is an all-India Act Indian Companies Act, 2013.
Comes Under Whose Jurisdiction Deputy Registrar/Charity commissioner of the relevant are Registrar of societies (charity commissioner in Maharashtra). Regional Director & Registrar of Companies of concerned state.
What Is Main Document Required Trust Deed MOA and Rules and Regulations MOA & AOA
Whether Stamp Duty Is Charged Trust deed to be executed on non-judicial stamp paper, vary from state to state No stamp duty required for MOA and Rules and Regulations No Stamp Duty Required
Minimum Members Required 2 7 for local and 8 for national level 2
Managed By Whom Trustees or Board of Trustees Governing Council or Managing Committee Board of Directors
Legal Title Held By Whom Trustees holds legal title of property Properties held in the name of Society Properties held in the name of Society
Can It Be Dissolved Generally No Can be dissolved with an approval of 3/5th members Can be dissolved
What If It Becomes Ineffective/dissolved If objects are not met, objects near to objects of trust will be added in deed On Dissolution, funds, and property not transferred to members Society but to some other similar society On Dissolution, funds, and property not transferred to members of Co. but to some other similar section 8 Co.
Does Annual Return To Be Filed Not required Required to be filed with Registrar Required to be filed with ROC
Is an online Facility Available? Not available Not available Available
Level Of Difficulty Of Compliance And Time Involved Time-consuming and Difficult Time consuming and Difficult Easy, Time saving and transparent procedure
Time Taken For Registration 10-15 working days 30-40 working days 60-70 working days
Cost Involved Low Medium High
Can 12a And 80 G Be Taken Same Yes Yes
Whether Preferred For Govt. Subsidy/grant Low preference Low preference High preference
Whether Preferred For Fcra Regn Low preference Low preference High preference
Transparency In Work Less Less Very High because everything is online
Difficulty In Changing Trustees Or Board Easy Complex Easy
Difficulty In Changing Registered Office Difficult Difficult Easy
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What is the Process

Section 8 Company

Applying DIN & DSC

DSC and DIN for all directors are required.

Name Approval

4-6 proposed names should be provided that should be unique and suggestive of company business.

MOA, AOA & AFFIDAVIT

Memorandum and Articles of Assocication should be drafted. Affidavit and declaration by first subscribers and Directors should be prepared

Company Registered

Once the application is duly filed and accepted by ROC, certificate of incorporation is issued and the company is all set to start it’s operations.

Apply for PAN, TAN and Bank accounts

Then you need to apply for PAN and TAN. PAN and TAN are received in 7 working days. Post this, you can submit the Incorporation certificate, MOA, AOA and PAN with a bank to open your bank account.

Frequently Asked Questions (FAQ)

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What are the requirements to be a director?

Any person above 18 years can become a director. Non-residents can also become director of Indian companies.

What are the documents required for registration?

ID proof and residence proof of all the proposed directors, PAN card is mandatory for Indian nationals. No objection certificate from the owner of registered office or lease agreement must be produced.

What is a digital signature certificate (DSC)?

Digital signature is process to authenticate and validate records electronically. DSC is required for every director of the company as the Ministry of Corporate Affairs (MCA) mandates digital signature of directors on some documents.

What is authorised capital fee?

Authorized capital of a Company is the amount of shares a company can issue to its shareholders. Companies have to pay authorized capital fee to the government so as to be able to issue shares. Companies have to pay authorized capital fee for a minimum of Rs.1 lakh.

Can a foreign national be a director in a private limited company?

Yes, a foreign national can become director of a private limited company. Atleast one director in a company should be resident Indian.

Can NRIs or foreign nationals hold shares of a private limited company?

Yes, NRIs / Foreign Nationals / Foreign Companies can hold shares of a Private Limited Company subject to Foreign Direct Investment (FDI) Guidelines.

Can a partnership firm be converted into private limited company?

Yes, a partnership firm can be converted into private limited company by following the procedure laid down in Companies Act 2013.

How many directors can be appointed?

A private limited company must have a minimum of 2 directors while the maximum no. of directors can be upto 15.

What is Director Identification Number (DIN)?

DIN is a unique identification number which is allotted to all the directors existing or proposed. DIN can be obtained by filing e-form DIN1 in MCA portal.

What are the statutory compliances required for a private limited company?

Every private limited company must hold a board meeting atleast once in every three months and an Annual general meeting (AGM) every year.

Can a private limited company be later converted into public limited company?

Yes, Companies Act 2013 provides rules for converting a private limited company into a public limited company.

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