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.
Types of Registration
- Trust Registration
- Society Registration
- Section 8 Company Registration
Requirements
- Founding Members: At least 2 members for Trusts and Societies, 3 for Section 8 Companies.
- Registered Office: A physical address for the organization.
Eligibility
- Non-profit objective.
- Valid identity and address proof for founders.
- Compliance with the specific regulatory body for registration.
Documents Required
- 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.
Registration Procedure
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.
80G Registration
- 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.
12A Registration
- Benefits: Grants tax exemptions on the NGO’s income.
- Documents Required: Application form, proof of registration, and financial statements.
Registration Procedure
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.
Re-Authorization Timeline
- 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.
Requirements
- Non-profit Objective: Activities must align with charitable purposes.
- Directors: Minimum of 2 directors.
Eligibility
- Non-profit motive.
- Compliance with the Companies Act, 2013.
Documents Required
- Draft MoA and AoA.
- Proof of address and identity of directors.
- PAN card and address proof of the organization.
Registration Procedure
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.
Requirements
- Founders: Minimum of 7 members.
- Objectives: Must be for charitable or social purposes.
Eligibility
- Non-profit goals.
- Complies with the Societies Registration Act.
Documents Required
- MoA and rules and regulations.
- List of managing committee members.
- Proof of address of the registered office.
Registration Procedure
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.
Requirements
- Non-profit Status: Must be a registered NGO.
- Compliance: Adherence to FCRA regulations.
Documents Required
- FCRA application form.
- Proof of registration under Trust/Society/Section 8 Company.
- Audited financial statements.
Registration Procedure
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.
Documents Required
- Application form for 12AA registration.
- Proof of registration.
- Trust Deed or Society’s Constitution.
- Financial statements.
Registration Procedure
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.
Re-Authorization Timeline
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.
Requirements
- Trust Deed: Must outline objectives and management structure
- Trustees: Minimum of 2 trustees.
Eligibility
- Charitable or religious purposes.
- Compliance with the Trust Act.
Documents Required
- Trust Deed.
- Proof of address and identity of trustees.
- PAN card of the trust.
Registration Procedure
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.
Documents Required
- Application form for 12AB registration.
- Proof of registration.
- Trust Deed or Society’s Constitution.
- Financial statements.
Registration Procedure
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.
Documents Required
- Application for striking off.
- Board resolution for closure.
- Audited financial statements.
Procedure
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.
Documents Required
- CSR-1 form.
- Proof of registration.
- PAN card of the NGO.
Procedure
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.
Documents Required
- CSR-1 form.
- Proof of registration.
- PAN card of the NGO.
Procedure
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.
Services Offered
- Project design and planning.
- Compliance with CSR regulations.
- Monitoring and evaluation.
- Reporting and documentation.
Procedure
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.
Services Offered
- Tax compliance and filing.
- Advice on 80G, 12A, and 12AB registrations.
- Tax-saving strategies and audits.
Procedure
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.
Services Offered
- Bookkeeping and record maintenance.
- Financial statements and reporting.
- Fund management and budgeting.
Procedure
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.
Components
- Project goals and objectives.
- Implementation strategy and budget.
- Monitoring and evaluation metrics.
Procedure
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.
Requirements
- Annual financial statements and audits.
- Filing of income tax returns.
- Compliance with trust regulations.
Procedure
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.