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NGO Registration In Pune

NGO stands for “Non Profit Organisation. NGO’s do not have Government intervention in their working. They operate without government control. The motive of NGO is not of earning profit but more of Social and political in nature. NGO’s are not commercial but co-operative. The NGO’s Registration are formed generally by fundings and are carried out by Volunteers. NGO’s may operate on any kinds of activities like-

  • Protection of Human rights
  • Environment Conservation
  • Women empowerment
  • Human health
  • Education NGO’s

The profits earned by NGO’s are not distributed among its members but are utilized to carry out NGO activity.

Advantages of NGO Registration

Non Profit in nature

The primary motive for setting up of NGO is “not for profit” i. e NGO’s are established. They are focused more on Social cause.

Non Government intervention

The NGO’s work without government interference. They are directed and controlled by the members of the NGO’s  and work independently for social and political cause.

No Anti social activity

Although government intervention is not there in the working of NGO’s, they cannot involve themselves in the criminal and anti social activities.

Social value Status

As NGO’s are established purely for  social cause, it gains a high status and respect of  Social value.  NGO’s are generally formed for helping the needy people promoting the overall welfare of the society.

NGO registration in India

In India NGO’s are registered in 3 ways-

  • Trusts
  • Society and
  • Section 8 Company

NGO registration in India

In India NGO’s are registered in 3 ways-

  • Trusts
  • Society and
  • Section 8 Company

A society means a governing body which consists of trustees, councils, committees and governors to whom the management and affairs of the working of the society is entrusted.A section 8 Company is basically a non profit company established under the Companies Act, 2013. It is incorporated only for Non Profit cause

PARTICULARS TRUST SOCIETY SECTION 8 COMPANY
Meaning A trust means whereby the ownership of the property is entitled to the trustee(s) whose responsibility is to protect the trust property which he is to hold for the benefit of others.
Regulatory body in India Indian Trust Act 1882 Societies Registration Act 1860

 

Companies Act 2013
Objects of establishment Charitable & Social Scientific, Charitable and Resource oriented Only Non profit
Minimum & Maximum Members required Minimum- 2 Trustees

 

Maximum – 21 Members

Minimum- 7 Members

 

Maximum- No limits

Minimum 2 – In case of Private Company

 

Minimum 3- in case of Public Company

 

Maximum- 200 members

Main Document Trust Deed Memorandum of Association

Articles of Association

Memorandum of Association

Articles of Association of the Company

Registration Mode As trust with registrar As Society with Society Registrar As per Companies Act 2013 Management Trustees Governing body Board of Directors Transfer of Shares or Ownership Not allowed Not allowed Freely transferable Meetings No such provisions Annual Meeting to be conducted as per the rules of the Society As per provisions of the Companies Act, 2013 Jurisdiction Deputy Registrar / Charity Commissioner Registrar of Societies Registrar of Companies

Procedure for Registration of Trust, Society & Section 8 Company

Trust:

Step 1: Prerequisites before trust registration

  • 2 trustees
  • 1 Settler
  • Property of the Trust whether movable or immovable

Step 2: Prepare a trust deed which is to be executed on a stamp paper and the value of which shall depend on the valuation of such property.

Step 3: Register Trust Deed along with one photocopy with the Local Registar.

Step 4: The Registrar keeps the photocopy & retains the Original Trust Deed.

Minimum Requirements for registration of trust

  • 1 Passport size photo & proof of identity of the settler
  • 1 Passport size photo & proof of identity of the two witnesses
  • 1 Passport size photo & proof of identity of the two trustees

FAQ's

1. Who is the governing authority of Trust?

The Governing authority of trust is Deputy or Asst. Charity Commissioner within its jurisdiction.

2. Can trust be allowed to generate profits?

Although trusts are established as “Non profit Organisation” does not mean trust cannot generate profit. Thus the profit generated shall be utilized only for charitable purpose and not distributed as dividends.

3. Are trusts required to conduct Annual General Meeting?

From legal view there is no necessity to convene Annual General Meeting.

4. Can trust documents be inspected by the anyone?

Not all documents but yes as per legal provisions there are few documents which are free for public inspection subject to certain criteria’s and payment of fees.

 Society:

Step 1: Choose name of the society. While choosing name of the Society be careful that the name is not identical or similar to the existing name of n any society as per Societies Act, 1860.

Step 2: Memorandum of a society containing rules and regulations shall be signed by all the founders witnessed by the Oath Commissioner duly notarized with stamp and complete address

Step 3: Application for Registration can be either done with the Registrar of Societies at the State Level or District Magistrate of the Registrar of Societies at the district level.

Step 4: The application can be submitted along with following documents-

  • Memorandum of Association
  • Consent letters of all the members
  • Authority letter duly signed by all the members
  • An affidavit sworn by the president or Secretary of the Society executed on non-judicial stamp paper along with court fees.
  • a declaration by the members of the managing committee that the funds of the society will be used only for the purpose for which the society is being formed.

Note: The above documents must be submitted in duplicate to the Registrar of Societies

Minimum Requirements for Society Registration

  • 1 Passport size photo & proof of identity of all the members of the Society
  • 1 Passport size photo & proof of identity of the witnesses

1. How many minimum members are required to register a Society

Minimum 7 members are required as per Societies Registration Act.

2. Can I opt for Societies name which is resembling the existing name already established?

No.

3. Can anyone other than Society members inspect documents of Society?

Yes on payment of prescribed fees anyone can inspect documents of the Society since it being the public documents.

4. Can I dissolve Society once formed? If yes what is the procedure?

A society once formed may be dissolved once formed by passing special resolution by giving prior intimation to the registrar byt following all appropriate steps for dissolution as per the Societies Registration Act.

Section 8 Company 

Step 1: Apply for DIN and DSC of the proposed Directors.

Step 2: Apply for Name availability and make sure that the name applied is not resembling the existing company.

Step 3: Once name is approved apply to Registrar of Companies with all documents for getting the Certificate of Incorporation of the Company.

Step 4: Obtain License from the Registrar by filling form INC-12

Step 5: Follow up with the Ministry of Corporate Affairs.

Minimum requirements for Section 8

Members : Minimum 2 members are required.

Capital : There is no such capital adequacy

DIN : For 2 members.

DSC : Digital Signature Certificate will be required for all directors

Address : Address proof like Rent agreement / Light Bill for the registered address is required.

Indian : Minimum of 1 Director must be resident of India

FAQ's

1. What is a section 8 company?

Section 8 company is basically a non profit organization and can be registered as a Private Limited Company under section 8 of the Companies Act, 2013

2. Which type of activities are covered under section 8 Company?

Section 8 Company can be incorporated to promote science, arts, research, sports, Social Welfare, education, charity, protection of Environment etc.

3. What are the documents required for registration of section 8 Company?

-Proof of identity of all the Directors,

– Proof of Address of all the Directors

– NOC from the owner of the registered address of the Company

-PAN cards are mandatory

– Identity proof and address proof from the landlord of the Company

4. Who is the governing Authority for Section 8 Company?

The Ministry of Corporate Affairs is the governing authority for Section  8 Company

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