NGO Registration in India
NGO stands for non-governmental organization. While there is no universally agreed-upon definition of an NGO, typically it is a voluntary group or institution with a social mission, which operates independently from the government.
NGOs or similar organizations exist in all parts of the world. What is considered an NGO in one country may not qualify as an NGO in another, as legal definitions, permitted activities, monitoring, and oversight differ from country to country. The term can encompass many types of organizations.
In India, NGO can be registered under 3 Seperate Act i.e Companies Act, Society Act and Trust Act.
NGO registered under Society Act or Trust Act are state specific which are required to obtain registrations from the specific state registrar to operate in the particular state in which it is registered.
Whereas, NGO registered under Companies Act is registered by Ministry of Corporate Affairs and not any specific state government.
Types of NGO that can be registered in India
Lets understand the process of NGO Registration under Companies Act
Following are the steps for NGO Registration which are needed to be followed
Step 1: Name Approval
The first step in NGO Registration is to make an application to the Registrar of Companies for name approval of the NGO.
The name of the NGO under Companies Act can end with the following words:
– Foundation
– Council
– Association for Research and advocacy
– Association (Education Association etc)
– Forum
– Federation
– Akhara
– Club
The list is only inclusive and not exclusive. Many other type of names can also be chosen.One can also proceed directly with the application of registration without getting the name approved. Though it is advisable to reserve the name of the company first instead of proceeding with the application without name approval which makes the entire process way more simple.
Once the name approval application is made, it might take 2 working days for either its approval or resubmission, if the approval is granted then we can proceed further with the process but if the form comes for resubmission due to non-availaibility of the name then a new name is to requested for approval which might again take approximate 2 working days for approval. While waiting for the name approval, one can simply proceed with the step 2.Step 2: Obtaining Digital Signatures of the proposed directors/promoters
The second step for NGO Registration is to obtain digital signatures for all the proposed directors and promotersStep 3: Filing of application using SPICe+
Once the name is approved and Digital Signatures are prepared the next step for NGO Registration is to start with filing the application with SPICe+ form. In the form, all the required information along with documents are to be attached and provided.Step 4: Memorandum of Association, Article of Association and Agile
Once the SPICe+ is filled and relevent documents attached. Memorandum of Association, Article of Association and Agile form are to be prepared for NGO Registration.Step 5: Affixing of Digital Signatures
Once step 4 is complete, all the forms will then required to be downloaded for applying digital signatures of Directors and a Practicing Chartered Accountant for NGO Registration.Step 6: Form Upload and Registration of Company
After step 5, the form needs to be uploaded with MCA. Once the form is uploaded, Registrar of companies go through the forms and if everything is in order then a Certificate of Incorporation along with PAN and TAN of company is issued or else the form is sent for resubmission with detailed reasons, the same then will need to be resubmitted resolving the queries of the officer.
Documents required for NGO Registration
Frequently Asked Questions
How to start a NGO ?
In order to start a NGO, one shall register his/her NGO under the relevent laws prevaling in India.
How to Obtain 80G/12A exemption certificates ?
An application in this reference has to be applied to the Income Tax Departement for the grant of 80G/12A Certificates to an NGO
What do you get on NGO registration
1- Digital Signatures of Directors
2- Director Identification Number of Directors
3- Name Approval Certificate from Ministry of Corporate Affairs
4- Memorandum of Association
5- Article of Association
6- Certificate of Incorporation
7- PAN Card
8- TAN Card
9- GST Registration Certificate
10- MSME Registration Certificate
11- CIN Number and ESIC Certificate
Minimum people required for NGO Registration ?
To register an NGO under Companies Act, minimum two people are required.
How to register a NGO online ?
Documents to be submitted through email along with video kyc. The entire process then will be done through exchange of documents/details and information over email
What are the Compliances to be done after NGO under Companies Act, 2013
Once the NGO is registered, every NGO needs to complete mandatory compliances under Companies Act as follows:
1- Auditor Appointment and Common seal adoption within 1 month
2- Obtain Commencement of Business Certificate
3- Board Meetings, Annual General Meeting, Notice and Resolutions
4- Registers, Share certificates, Annual Returns, Accounting
5- Audits, Income Tax Retuns, GST Returns, TDS Returns, ESI & PF
Note: The above list is not exclusive and other compliances also needed to be done on yearly basis under various laws in India.