The main purpose of the NGO is to promote non-profit objectives such as trade, commerce, arts, charity, education, religion, environment protection, social welfare, sports, research etc. The profits/ income of the company if any is also applied towards promoting the objectives of the company and are not distributed as a dividend to the shareholders. That is Why it is also termed as Not-for-Profit Organsation.
NGOs raise money from donors, who may or may not receive tax breaks on their donations. In India, an NGO can be set up as a Trust, Section-8 company or a society.
We pks, helps to register your NGO with right option as per your requirement, future plan and feasibility.
What Next after Registration?
After Company incorporation, you will receive below documents
Registration at Delhi state
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Registration at Maharastra, Rajasthan, Punjab, Haryana, Himachal, Uttarakhand, Madhya Pradesh and Gujrat
Registration at any other places
anywhere registration in India
80G Registration with Income Tax
12A Registration for Charitable Trust with Income Tax
35AC Registration for Donation in special projects of NGO
FCRA Registration compulsory for Foreign Donation receive
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First, we provide consultation to our client, which helps to decide the type of NGO formation and benefits, registration procedure, documents requirements along with formation cost.
Once the client decide , we starts preparing and collecting all documents and relevant information to form the NGO
Drafting Bye Laws/Deed/MOA & AOA
Most important work is Drafting of Bye Laws ( for Society) or Trust Deed ( for Trust ) or MOA & AOA ( for section 8 Company). Which is most important document of the registration process.
Once the All required documents ready and signed by all members, we file the application with concern Authorities. In Case of Society/Trust Registration, Filing process is offline in most of the states.
We update time to time the present status of the application. At first, Concern authority approve the Name and secondly approve the filed Bye Laws/Trust Deed/MOA & AOA in this complete registration process.
On completion of whole process, Concern Authority approves the NGO and issues registration Certificate. We dispatch Certificate immediately to client on Email and physical copy by post.
Basically, NGO Registration in India can be done under the following three methods:-
One most suggestible way to form a Non-Government Organisation (NGO) is by registering it as a Trust under the Indian Trust Act 1882, if the NGO with charitable objects and works for eradicating poverty, giving education and providing medical relief. You might want to note that trusts are irrevocable. This means that they cannot change or terminated without the beneficiary's permission. Any legal entity can establish a Trust in India through a registered Trust Deed which becomes a legal entity. All activities of a NGO can be done through the objectives of the said trust.
A Trust can be formed and registered with a minimum of 3 members.
An NGO can be form as Society under the Society Registration Act 1960 with District Registrar of Societies.
This can be form at Central or State Level. For State level formation, minimum 7 members from the same state essential. And for Central level formation, minimum 7 members from each states includes one from the state wherein Society intended to be registered is essential. There is no upper limit on the number of members in the society. NGO is run by a governing body or a managing committee. In case of societies, through election politics, it is possible to remove the person who had initiated the society in the first place.
Unlike trusts, societies function only within a definite geographical area, if not form central level.
SECTION 8 COMPANIES
A Section 8 Company has limited liability and cannot make any profits. It is generally formed for promoting science, art, commerce, charity, religion or any other purpose that is useful to society.
When compared to Societies and Trusts, Section 8 Companies have more benefit in the sense that they have more legal standing and better credibility among government bodies and donors. Minimum 2 members required to form such NGO.
Big advantage is Section 8 Company may convert into any other kind of company under companies act 2013 subject to compliance of certain conditions as may be prescribed.
Process of registering NGO Under Trust/Society/Section 8 Company is describe Separately.
80G Registration with Income Tax
Donations made to a NGO registered under section 80G are permissible for 50% deduction from the taxable income of the donation made for such a person or an organisation making the donation.
e.g. If a Person makes a donation of Rs. 10000 to an organization with 80G registration then the person can avail Rs. 5000 as deduction from his/her taxable income. Which encourages people to make more donation with 80G registered Organisation.
80G is a onetime registration with lifetime validity.
How to Register for 80G:-
12A Registration with Income Tax
Section 11 and 12 of the Income- Tax Act 1961 are the most important sections of Income tax for Religious and Charitable trusts. The taxation of trusts formed with the objective of providing relief to the underprivileged, work for environment, general public benefit, religious purpose, etc fall under this section. The section defines what part of Income of such trust is taxable and what is exempt. The Income can be derived from capital gain from the assets of the Trust, its activities, or from donations.
Section 12AA of the new Income Tax act defines how a trust can register under these sections. An application is to be made using form 10A along with relevant documents to the Income Tax Commissioner. This is one time registration and to avail Tax exemption, NGO needs to register under section 12A.
How to Register for 12A:-
35AC Registration for Income Tax Benefit in Special Project
To encourage businesses and corporate houses to donate for specific approved social welfare projects, a tax incentive has been produced under 35AC of the Income Tax Act. This section offers full deduction of the entire amount paid by business for financing particular schemes or projects. There is no limitation for the donor to donate under section 35AC.
Some of the projects for which the 35AC is applicable are:
How to Register for 23AC:-
The application for getting 35AC can be made to the Secretary, National Committee for Promotion of Social & Economic Welfare, Dept. of Revenue, Govt. of India, North Block, New Delhi – 110001, along with information regarding the project/scheme and required documents.
For Registration of 80G, 12A and 35AC, take the help of pks Income Tax Consultant for hasslefree works. Our Service fee for each Registration is Rs 1,77,000/- all inclusive.
The NGO DARPAN was earlier maintained by erstwhile Planning Commission, which has been replaced by the NITI Aayog w.e.f. 1st January, 2015.
NOG-DARPAN being maintained at present under the aegis of NITI Aayog. NITI Aayog invites all Voluntary Organizations (VOs)/ Non-Governmental Organizations (NGOs) to Sign Up on the Portal https://ngodarpan.gov.in.
VOs/NGOs play a major role in the development of the nation by supplementing the efforts of the Government. This portal enables VOs/NGOs to enrol centrally and thus facilitates creation of a repository of information about VOs/NGOs, Sector/State wise. The Portal facilitates VOs/NGOs to obtain a system generated Unique ID, as and when signed. The Unique ID is mandatory to apply for grants under various schemes of Ministries/Departments/Governments Bodies.
How to take Registration of NGO-DARPAN?
Who can take the on NGO-DARPAN?
Any Voluntary Organisation (VO) / NGO which is registered as a trust/ society/ a private limited non-profit company, under section-8 of the Indian Companies Act, 2013 or earlier under section-25 of the Indian Companies Act, 1956b can Sign Up on the NGO Darpan portal
Process of Registration on NGO-DARPAN?
Documents to be uploaded at the time of Registration at NGO-DARPAN
1. Registration Certificate should be scanned in pdf or jpg (preferably) format, and uploaded. The size of the file should be less than 2MB.
2. Incase of Trust deeds, only the first page and the page with the signature on it should be scanned and uploaded. Instructions for uploading are the same as (i) above.
Compulsory FCRA Registration for NGO who wish to receive contribution from foreign donors
The Foreign Contribution Regulation Act is the most important registration for a NGO that wish to receive contribution from foreign donors. Without FCRA registration an NGO cannot seek foreign donation in India. The Act is meant to regulate all donation foreign in nature received in India as donation for religious, charitable, social or environmental cause, whether such donation are received from Foreign Individual, Company, Society, Government or organisation.
The approval for the registration is given by Ministry of Home Affairs (MHA), Government of India.
Conditions Applies for Registration Grant:-
For FCRA Registration , take the help of pks Consultant for hasslefree works. Our Service fee is Rs 1,18,000/- all inclusive.
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