1. Decide the Type of NGO
In India, NGOs can be registered under three different acts:
- Societies Registration Act, 1860: for Society
- Indian Trusts Act, 1882: for Trust
- Companies Act, 2013: for Section 8 Company (Non-Profit Company)
2. Choose a Unique Name
Ensure that the proposed name of your NGO is unique and not already registered. You can check the name availability online on the Ministry of Corporate Affairs (MCA) website.
3. Prepare the Required Documents
For a Society
- Memorandum of Association (MOA)
- Rules and Regulations of the society
- ID Proofs of all members
- Address proof of the registered office
- Consent letters from the members
For a Trust
- Trust Deed (containing objectives, trustee details, and administrative details)
- ID Proofs of trustees
- Address proof of the registered office
For a Section 8 Company
- Digital Signature Certificates (DSC) of directors
- Director Identification Numbers (DIN) of directors
- Memorandum of Association (MOA)
- Articles of Association (AOA)
- ID Proofs of directors
- Address proof of the registered office
4. Draft the Memorandum and Articles of Association
- Memorandum of Association (MOA): It should outline the objectives of the NGO.
- Articles of Association (AOA): It should outline the rules and regulations governing the NGO.
5. Apply for Registration
For a Society
- Submit the application to the Registrar of Societies in the state where the NGO will be located.
- Pay the prescribed registration fees.
- Once approved, the Registrar will issue a Certificate of Registration.
For a Trust
- Prepare a Trust Deed on non-judicial stamp paper.
- Submit the Trust Deed to the local Registrar along with required documents.
- Pay the prescribed registration fees.
- Once approved, the Registrar will issue a Certificate of Registration.
For a Section 8 Company
- Obtain Digital Signature Certificate (DSC) and Director Identification Number (DIN) for the directors.
- Apply for name approval through the RUN (Reserve Unique Name) facility on the MCA website.
- Once the name is approved, draft the MOA and AOA.
- File Form INC-12 (Application for License) with the Registrar along with the MOA, AOA, and other required documents.
- After receiving the license, file SPICe Form (INC-32) for incorporation with the required documents.
- Once approved, the Registrar will issue a Certificate of Incorporation.
6. Obtain Necessary Licenses and Registrations
- 12A Registration: To get tax exemption.
- 80G Registration: To allow donors to avail tax deductions.
- FCRA Registration (if applicable): To receive foreign funding.
7. Comply with Statutory Requirements
Ensure to comply with all the statutory requirements, including filing annual returns, maintaining proper books of accounts, and conducting regular audits.
Additional Tips
- Seek legal assistance if necessary, especially for drafting the Memorandum and Articles of Association.
- Ensure transparency and accountability in your operations to maintain credibility.
By following these steps, you can successfully register your NGO in India and start making a positive impact in your chosen field.
