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NGO Registration
Registering a Non-Governmental Organization (NGO) in India requires choosing an appropriate legal structure based on the organization’s objectives. The three most common structures are:
(a) Trust Registration in India: A Complete Guide
- Trusts are established to promote social welfare, education, healthcare, and other noble causes such as scientific and literary advancements. To ensure legal recognition and smooth operations, Trust Registration is mandatory in India.
Understanding Trusts:
- Governed by: The Indian Trusts Act, 1882 (for Private Trusts) and State-specific Public Trust Acts (for Public Trusts).
- Purpose: Charitable, religious, or social causes.
- Key Entities in a Trust:
- Author/Settlor of the Trust – The individual who creates the trust.
- Trustees – Individuals responsible for managing the trust.
- Beneficiaries – The people for whom the trust is created.
What is a Trust Deed?
The Trust Deed is the most important legal document that defines:
- Objectives of the Trust.
- Duties & powers of the trustees.
- Mode of operation & management.
- Tenure & dissolution process.
Process of Trust Registration:
- Step 1: Drafting the Trust Deed Clearly mention the name, address, objectives, and roles of trustees.
- Step 2: Choosing Trustees & Settlor Minimum two trustees are required.
- Step 3: Getting the Trust Deed Notarized Must be signed in the presence of two witnesses.
- Step 4: Submitting Documents to the Registrar
Documents Required:
- Trust Deed (signed and notarized).
- Identity & Address Proof of trustees (Aadhaar, PAN, Passport, etc.).
- Address Proof of Trust Office (electricity bill, rent agreement, etc.).
- Step 5: Trust Registration Certificate Issuance Once approved, the Registrar of Trusts issues a Trust Registration Certificate.
Tax Benefits for Registered Trusts:
- 12A Registration – Exemption from income tax.
- 80G Registration – Donors can claim tax deductions.
- FCRA Registration – Eligibility to receive foreign contributions.
Society Registration
- Governed by: The Societies Registration Act, 1860.
- Purpose: Scientific, charitable, literary, and educational activities.
- Minimum Members Required: Seven or more persons.
Key Compliance:
- Memorandum of Association (MoA) & Rules & Regulations must be drafted.
- Registered under the respective state authority.
- Annual compliance filings with the Registrar of Societies.
Section 8 Company Registration
- Governed by: The Companies Act, 2013.
- Purpose: Non-profit businesses, including social enterprises.
- Minimum Members Required: Two for a private limited & three for a public limited company.
Key Compliance:
- Approval from the Registrar of Companies (RoC).
- Memorandum of Association (MoA) & Articles of Association (AoA) filing.
- Annual filings & tax compliance under the Companies Act.
Why Choose filing365?
- Expert Guidance – Selection of the right legal structure.
- End-to-End Registration Assistance – Documentation & approvals.
- Tax & Compliance Support – 12A, 80G, CSR benefits & annual filings.