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NGO Registration
FAQ
1. What is a Section 8 Company?
A Section 8 Company is a non-profit organization registered under the Companies Act, 2013, with the objective of promoting commerce, art, science, sports, education, research, social welfare, religion, charity, or protection of the environment.
2. Can a Section 8 Company distribute profits?
No, a Section 8 Company cannot distribute its profits to its members. The profits must be reinvested in the business or used for promoting the objectives of the company.
3. What are the key requirements for registering a Section 8 Company?
- A minimum of two directors.
- No minimum capital requirement.
- No minimum capital requirement.
- Objectives should be charitable or non-profit in nature.
4. Can a Section 8 Company be converted into a Private or Public Company?
Yes, a Section 8 Company can be converted into a Private or Public Limited Company, subject to compliance with the Companies Act, 2013.
5. Is there any specific license required for a Section 8 Company?
Yes, a Section 8 Company requires a special license from the Registrar of Companies (RoC) after submission of relevant documents and forms.
6. Can a Section 8 Company have foreign directors?
Yes, a Section 8 Company can have foreign directors, subject to compliance with FEMA regulations and other applicable laws.
7. Are there any tax benefits available to Section 8 Companies?
Yes, Section 8 Companies can avail tax benefits under Section 12A and 80G of the Income Tax Act, 1961
8. What is the process for winding up a Section 8 Company?
The process involves a resolution passed by the Board, an application to the National Company Law Tribunal (NCLT), and compliance with all legal requirements.
9. What is a Public Charitable Trust?
A Public Charitable Trust is an organization created by a settlor (founder) to provide benefits to the public or a section of the public in areas like education, healthcare, relief of poverty, etc.
10. How is a Trust different from a Section 8 Company?
A Trust is governed by the Indian Trusts Act, 1882, and is generally easier to set up with fewer compliance requirements. A Section 8 Company is regulated under the Companies Act, 2013, with more stringent compliance norms.
11. What is the minimum number of trustees required to form a Trust?
At least two trustees are required, although there is no upper limit.
12. Can a Trust own property?
Yes, a Trust can own property in its name, and the trustees manage it for the benefit of the beneficiaries.
13. Are there any tax benefits available to Trusts?
Yes, Public Charitable Trusts can avail tax exemptions under Section 12A and 80G of the Income Tax Act, 1961, provided they comply with the relevant provisions.
14. Can a Trust engage in commercial activities?
Yes, but only if the commercial activities are incidental to the main objectives of the Trust and the profits are used solely for charitable purposes.
15. How can a Trust be dissolved?
A Trust can be dissolved according to the terms laid out in the trust deed, or by mutual agreement of the trustees, with the assets being transferred to another trust with similar objectives.
16. What is a Society?
A Society is a group of individuals who come together to promote a common cause, such as cultural, scientific, literary, or charitable activities, registered under the Societies Registration Act, 1860.
17. What is the minimum number of members required to form a Society?
A minimum of seven members is required to form a Society.
18. Can a Society be registered at the national level?
Yes, a Society can be registered at the state or national level, depending on the scope of its activities
19. What are the benefits of registering a Society?
Registration provides legal status, which allows the Society to own property, sue or be sued, and access government grants and tax exemptions.
20. How can a Society be dissolved?
A Society can be dissolved by a resolution passed by its members, followed by settling all debts and liabilities, and transferring the remaining assets to another society with similar objectives.
Starting an NGO is a noble venture that requires careful planning and
adherence to legal regulations. Our comprehensive NGO registration service is
designed to simplify this process for you. We guide you through every step,
from selecting a suitable name and drafting the necessary documents to
submitting your application to the appropriate authorities. With our expert
assistance, you can focus on your mission to make a positive impact while we
handle the complexities of legal compliance. Our service ensures that your NGO
is legally recognized and fully equipped to operate, giving you the confidence
to start your charitable activities without any administrative hurdles.
Choosing our NGO registration service means you are partnering with
professionals who understand the intricacies of the registration process. We
offer tailored solutions to meet your specific needs, whether you are forming a
trust, society, or section 8 company. Our team stays updated with the latest
legal requirements and procedures, ensuring that your registration is completed
swiftly and accurately. Additionally, we provide post-registration support to
help you navigate ongoing compliance and reporting obligations. Trust us to
pave the way for your NGO’s success, allowing you to dedicate your efforts to
driving social change and making a difference in the community.
Packages
Society
Rs 35,000
- Stamp Duty
- By-law drafting
- Government Fees
- Deed Drafting
- Registration
- 12 A Registration
- 80 G Registration
- Bank Account Opening Support
Trust
Rs 35,000
- Stamp Duty
- Government Fees
- Deed Drafting
- Registration
- 12 A Registration
- 80 G Registration
- Bank Account Opening Support
Section 8 Company
Rs 26,000
- Name Reservation
- Company Registration
- Stamp Duty
- 2 Digital Signatures
- 2 DIN
- MOA and AOA
- PAN and TAN
- Bank Account Opening Support
NGO Registration enables the promoters to legalize the charitable activities, they are doing or intending to do. In India NGO Registration can be done as a Trust or Society or Non Profit Company. NGO’s or Non Governmental Organisations or Non Profit Organizations are a group of volunteers/ people Joined together for social and charitable activities, for the welfare of the Public and society. NGO’s play a vital role in the up-lifting of our Country, especially in rural areas and villages. They provide or assists to provide an improved way of life in a sustainable manner. There is no specific legislation for NGO Registration, but different laws govern it based on the type of NGO’s
NGO’s are free to receive funds, including foreign funds, Government assistance, CSR Funds and donations for the fulfillment of their objectives. NGO’s also can act as implementing agencies for various government schemes. Globally there are are many NGO’s implementing World Bank Schemes, WHO Schemes, IMF Schemes etc, for the welfare of the People
In India NGO’s can be registered as Private Trust, Public Trust, Society and Section 8 /Non Profit Company
| Public Trust | Society | Section 8 Company | |
| Statute/Legislation | Indian Trust Act 1882 | Societies Registration Act of 1860 | Companies Act of 2013 |
| Jurisdiction of the Act | Concerned state where registered | Concerned state where registered | Concerned state where registered |
| Authority | Charity Commissioner/Deputy Registrar | Registrar of Societies | Registrar of Companies |
| Registration | As Trust | As Society (and by default also as Trust in Maharashtra and Gujarat) | As Section 8 Company |
| Main Document | Trust deed | Memorandum of Association and Rules & Regulations | Memorandum and Articles of Association. |
| Stamp Duty | Trust deed to be executed a non-judicial stamp paper of prescribed value | No stamp paper required for Memorandum of Association and Rules & Regulations | No stamp paper required for Memorandum and Articles of Association |
| Number of persons needed to register | Minimum two trustees; no upper limit | Minimum seven, no upper limit | Minimum three, no upper limit |
| Board of Management | Trustees | Governing body or council/managing or executive committee | board of directors/Managing Committee |
| Mode of succession on board of management | Usually by appointment | Usually election by members of the general body | Usually election by members of the general body |
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