NGO Registration (Trust, Society, Section 8 Company): A Complete Guide

Professional Legal Expertise by AK Legal Mantra
Our team at AK Legal Mantra guides individuals and organizations through the legal procedure of NGO registration in India. You can choose to set up a Trust, Society, or a Section 8 Company, and our team of experts is committed to making the registration process smooth and compliant, according to your organization’s goals.

What is NGO Registration?

NGO registration is the legal formal process of forming a non-governmental organization that can function officially as per Indian law. NGOs are established to achieve social, charitable, educational, or community development objectives. Registration gives the NGO legal recognition, legitimacy, and eligibility for several benefits, like tax exemptions and government grants.

Types of NGO Registrations :

  1. Trust Registration
    A Trust is administered under the Indian Trusts Act or state legislation. It is effective for charity organizations and entails a trust deed with objectives, trustees, and management regulations.
  2. Society Registration
    A Society is registered under the Societies Registration Act, 1860. It calls for a memorandum and rules and regulations. Societies have a larger membership base and democratic management.
  3. Section 8 Company Registration
    A Section 8 Company is registered under the Companies Act, 2013. It is a company without any share capital that is established to encourage commerce, art, science, charity, or social welfare, with strict compliance and governance standards.

Principal Legal Requirements for NGO Registration

1. Trust Registration

  • Minimum of 2 trustees are needed
  • Draft trust deed to be signed on stamp paper
  • Registration with local registrar of trusts

2. Society Registration

  • Minimum of 7 members are needed
  • Memorandum of Association and Rules & Regulations document
  • Registration with the Registrar of Societies

3. Section 8 Company Registration

  • Minimum 2 members and 2 directors needed
  • Sanction by the Registrar of Companies (RoC)
  • Application to Ministry of Corporate Affairs for Section 8 license

Why NGO Registration is Important

Registering your NGO gives you:

  • Legal identity and perpetual succession
  • LTI for getting government grants and funding
  • Tax privileges under Income Tax Act (like 12A and 80G certificates)
  • Increased credibility and transparency to donors and stakeholders

How AK Legal Mantra Can Assist

We offer one-stop services for NGO registration, including:

  • Preparation and checking of trust deeds, memorandums, and bylaws
  • Submission of all the required forms and applications with the regulatory bodies
  • Advice on compliance after registration, such as tax registrations
  • Guidance on governance structures and statutory requirements

Your NGO’s legal basis is solid, compliant, and in order to do meaningful work with AK Legal Mantra.

FAQs

1. What is the difference between a Trust, Society, and Section 8 Company?
Trusts are more straightforward frameworks governed by trustees; societies have democratic membership-based format; Section 8 Companies have more rigorous corporate laws and governance.

2. How long does NGO registration take?
Generally, registration would take 1-3 months based on the NGO type and document completeness.

3. Can NGOs operate without registration?
Yes, technically, but registration is crucial for legal standing, funds, and tax advantages.

4. Does AK Legal Mantra provide help in gaining tax exemption certificates?
Yes, we assist NGOs in getting 12A and 80G registrations and meeting recurrent legal obligations.

5. Is it possible for a foreigner to register an NGO in India?
Foreigners can be part of NGOs but there are particular rules and permissions involved, particularly under FCRA (Foreign Contribution Regulation Act).