NGO Overview, Requirements, and Registration Procedures

Non-Governmental Organizations (NGOs) play a vital role in societal development, providing services, support, and advocacy for various causes. Establishing and maintaining an NGO involves navigating various registration processes and compliance requirements. Below is a comprehensive guide covering the essentials of NGO registration, tax benefits, and compliance.

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NGO Registration

Overview

NGO registration involves legally establishing an organization dedicated to social welfare activities. The type of registration depends on the organizational structure and objectives.

  • Trust Registration
  • Society Registration
  • Section 8 Company Registration
  • Founding Members: At least 2 members for Trusts and Societies, 3 for Section 8 Companies.
  • Registered Office: A physical address for the organization.
  • Non-profit objective.
  • Valid identity and address proof for founders.
  • Compliance with the specific regulatory body for registration.
  • Proof of address of the organization.
  • Identity and address proof of the founding members.
  • Memorandum of Association (MoA) or Trust Deed.
  • PAN card of the organization.

1. Choose the Type: Decide whether to register as a Trust, Society, or Section 8 Company.
2. Prepare Documents: Draft necessary documents and agreements.
3. Submit Application: File with the respective regulatory authority.
4. Verification: Authorities review documents and may request additional information.
5. Certificate Issuance: Receive the registration certificate upon approval.

80G and 12A Registration

Overview

80G and 12A registrations provide tax benefits for donors and NGOs respectively, facilitating tax exemptions and encouraging donations.

  • Benefits: Donors can claim tax deductions on donations made to the NGO.
  • Documents Required: Application form, proof of registration, PAN card, and audited financial statements.
  • Benefits: Grants tax exemptions on the NGO’s income.
  • Documents Required: Application form, proof of registration, and financial statements.

1. Complete Application: Submit applications to the Income Tax Department.
2. Provide Documents: Include necessary documents and financial records.
3. Approval: Obtain certificates upon successful verification.

  • 80G: Typically valid for 5 years, renewal requires re-application.
  • 12A: Also valid for 5 years, requires re-application for renewal.

Section 8 Company Registration

Overview

A Section 8 Company is a non-profit organization under the Companies Act, aimed at promoting commerce, art, science, religion, charity, or other useful objectives.

  • Non-profit Objective: Activities must align with charitable purposes.
  • Directors: Minimum of 2 directors.
  • Non-profit motive.
  • Compliance with the Companies Act, 2013.
  • Draft MoA and AoA.
  • Proof of address and identity of directors.
  • PAN card and address proof of the organization.

1. Name Approval: Apply for name reservation with the Registrar of Companies (RoC).
2. Document Submission: Submit MoA, AoA, and other documents.
3. Verification: RoC reviews documents and may request additional information.
4. Certificate Issuance: Obtain a Certificate of Incorporation.

Society Registration

Overview

A Society is a group formed for social, educational, or charitable purposes under the Societies Registration Act, 1860.

  • Founders: Minimum of 7 members.
  • Objectives: Must be for charitable or social purposes.
  • Non-profit goals.
  • Complies with the Societies Registration Act.
  • MoA and rules and regulations.
  • List of managing committee members.
  • Proof of address of the registered office.

1. Draft Documents: Prepare MoA, rules, and regulations.
2. Submit Application: File documents with the Registrar of Societies.
3. Verification: Authorities inspect and verify documents.
4. Certificate Issuance: Receive registration certificate.

FCRA Registration

Overview

FCRA registration is necessary for NGOs receiving foreign donations, ensuring compliance with foreign contribution regulations.

  • Non-profit Status: Must be a registered NGO.
  • Compliance: Adherence to FCRA regulations.
  • FCRA application form.
  • Proof of registration under Trust/Society/Section 8 Company.
  • Audited financial statements.

1. Submit Application: Apply online through the FCRA portal.
2. Provide Documents: Attach required documents and details.
3. Approval: Obtain FCRA registration certificate upon verification.

12AA Registration

Overview

12AA registration grants tax exemptions on the income of NGOs, similar to the 12A registration.

  • Application form for 12AA registration.
  • Proof of registration.
  • Trust Deed or Society’s Constitution.
  • Financial statements.

1. Submit Application: Apply to the Income Tax Department.
2. Provide Documents: Attach necessary documents and financial records.
3. Approval: Obtain the 12AA registration certificate.

12AA: Typically valid for 5 years, requires re-application for renewal.

Trust Registration

Overview

A Trust is an arrangement where a trustee manages assets for beneficiaries, ideal for NGOs focusing on charitable causes.

  • Trust Deed: Must outline objectives and management structure
  • Trustees: Minimum of 2 trustees.
  • Charitable or religious purposes.
  • Compliance with the Trust Act.
  • Trust Deed.
  • Proof of address and identity of trustees.
  • PAN card of the trust.

1. Draft Trust Deed: Prepare and execute the Trust Deed.
2. Submit Application: File documents with the local Registrar.
3. Verification: Authorities review and grant registration.

12AB Registration

Overview

12AB registration replaces 12A and allows NGOs to claim tax exemptions.

  • Application form for 12AB registration.
  • Proof of registration.
  • Trust Deed or Society’s Constitution.
  • Financial statements.

1. Submit Application: Apply online or offline to the Income Tax Department.
2. Provide Documents: Attach required documents.
3. Approval: Receive 12AB registration certificate.

Strike Off Section 8 Companies

Overview

Striking off a Section 8 Company involves dissolving the organization when it ceases operations.

  • Application for striking off.
  • Board resolution for closure.
  • Audited financial statements.

1. Board Resolution: Pass a resolution for dissolution.
2. Apply to RoC: Submit the application for striking off.
3. Publication: Publish notice of striking off.
4. Approval: Receive confirmation from RoC.

NGO CSR-1 Filing

Overview

CSR-1 filing is required for NGOs seeking CSR funds from corporations under the CSR Act.

  • CSR-1 form.
  • Proof of registration.
  • PAN card of the NGO.

1. Complete Form: Fill out the CSR-1 form.
2. Submit Application: File through the Ministry of Corporate Affairs (MCA) portal.
3. Approval: Obtain CSR registration status.

NGO CSR Consultancy

Overview

CSR-1 filing is required for NGOs seeking CSR funds from corporations under the CSR Act.

  • CSR-1 form.
  • Proof of registration.
  • PAN card of the NGO.

1. Complete Form: Fill out the CSR-1 form.
2. Submit Application: File through the Ministry of Corporate Affairs (MCA) portal.
3. Approval: Obtain CSR registration status.

NGO CSR Consultancy

Overview

CSR Consultancy services help NGOs design and manage CSR projects in compliance with corporate requirements.

  • Project design and planning.
  • Compliance with CSR regulations.
  • Monitoring and evaluation.
  • Reporting and documentation.

1. Consultation: Assess needs and CSR objectives.
2. Strategy Development: Create a CSR strategy.
3. Implementation: Assist in project execution.
4. Reporting: Provide regular updates and reports.

NGO Income Tax Advisory

Overview

Income Tax Advisory services assist NGOs with tax planning and compliance.

  • Tax compliance and filing.
  • Advice on 80G, 12A, and 12AB registrations.
  • Tax-saving strategies and audits.

1. Assessment: Review financial status and tax obligations.
2. Advisory: Provide recommendations for tax planning.
3. Implementation: Assist with filing and documentation.
4. Review: Regularly review tax strategies.

NGO Accounting

Overview

Accounting services ensure accurate financial management and compliance for NGOs.

  • Bookkeeping and record maintenance.
  • Financial statements and reporting.
  • Fund management and budgeting.

1. Setup Accounting System: Implement software and procedures.
2. Record Transactions: Maintain accurate records.
3. Prepare Reports: Generate financial reports regularly.
4. Compliance Check: Ensure adherence to regulations.

NGO Project Report

Overview

A Project Report details the objectives, implementation plans, and outcomes of an NGO’s projects.

  • Project goals and objectives.
  • Implementation strategy and budget.
  • Monitoring and evaluation metrics.

1. Define Objectives: Outline project goals.
2. Develop Plan: Create an implementation plan and budget.
3. Prepare Report: Draft the report with detailed information.
4. Review: Finalize the report for submission.

Trust Annual Compliance

Overview

Annual compliance for trusts ensures adherence to legal and regulatory requirements.

  • Annual financial statements and audits.
  • Filing of income tax returns.
  • Compliance with trust regulations.

1. Prepare Financial Statements: Maintain accurate records.
2. File Returns: Submit income tax returns.
3. Regulatory Compliance: Ensure adherence to regulations.

4. Annual Review: Conduct regular reviews and updates.

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