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What is an NGO and how to apply for the registration of an NGO under Section 8 of Companies Act, 2013, as a section 8 company, in India online.
NGO (Non-Government Organisation) is an organization that works for non-profit/ charitable purposes like promotion of commerce, art, science, religion, education, donation, protection of the environment, social welfare, sports, or any other object of public utility.
If an NGO is formed as a company under Section 8 of Companies Act, 2013, as a section 8 company, the profits/ surplus of it can’t be provided to the shareholders as dividends but needs to used for the objects of the NGO for which it was registered.
Procedure for the incorporation of an NGO registered under Section 8 of Companies Act, 2013, as a section 8 company/ documents required for NGO registration/ How to apply for NGO registration/ NGO registration kaise kare
Step 1 – Obtain a DSC of the first Directors of the NGO to be registered as a Section 8 Company.
Step 2 – Application for the allotment of DIN for the first Directors of the NGO.
Step 3 – Apply for the Section 8 company name.
Step 4 – After approval, apply for a license for the NGO (Section 8 Company).
Documents required for application of the license allotment of the NGO (INC-12):
- Draft MOA as per Form INC-13
- Draft AOA
- Declaration as per Form INC-14 (Declaration from Practicing Chartered Accountant)
- Declaration as per Form INC-15 (Declaration from each person making application )
- Estimated Income & Expenditure for the next 3 years.
Step 5 – Once the form is approved, a license under section 8 will be issued in Form INC-16 for the NGO.
Step 6 – After obtaining the license, a form (SPICE Form 32) needs to filed with the ROC for registration along with the following attachments:
- An affidavit from all the first directors – INC-9
- Declaration of deposits
- KYC of all the Directors
- Form DIR-2 with its attachments i.e PAN Card and address proof of the directors
- Consent letter of all the directors
- Interest in other entities of the directors
- Utility bill as a proof of Office address
- NOC in case the premises are leased/rented
- Draft MOA and AOA
After the satisfaction of ROC a Certificate of Incorporation along with a unique Company Identification Number (CIN) is issued.
If you wish to register an NGO as a section 8 company, you need to take care of the following points:
An NGO cannot have a Profit Motive for its shareholders
One of the Directors of the NGO registered under Section 8 of Companies Act, 2013, as a section 8 company should be a resident in India for at least 182 days in the relevant Financial Year.
Benefits of an NGO registration as Section 8 Company:
- Exemption from Stamp Duty.
- Tax deductions to the donors of the Company u/s. 80G of the Income Tax Act if the NGO has received an 80G registration.
- NGOs as Section 8 Companies can be formed even without share capital, and the necessary funds for carrying the business are raised in the form of donations, subscriptions from members and the general public.
- NGOs as a Section 8 Company are not required to add the suffix Limited or Private Limited at the end of their name.
An NGO registered as a Section 8 Company has more credibility as compared to any other Non-profit organization structure like Trust or Society
Examples of some famous NGOs in India:
It started in 1960 and has large reach mainly focusing on the noble cause of helpless elderly people.
It started in the 1979 works in almost all the metropolitan cities of India. It fights for the causes involving Children, Malnutrition, Poverty, Education & Illiteracy, and other similar causes.
It started in 1999 and is based primarily in Maharashtra. It raises the majority of its funds online and then distributes them to other NGOs fighting for charitable and other similar causes.
It started in 2000 in Bengaluru and fights for providing mid-day meals to more than 15 lakh children from different schools of different states in India.
It Started in 2002 and fights for bringing a positive change in the lives of underprivileged children, their families, and other communities.
Documents Required
Aadhaar Card
Pan Card
Voter ID
Bank Statement
Electricity Bill
NOC
Passport Size Photo
Business Description
How do NGOs get funding?
Donations
In case an NGO is working for a good cause and appeals public at large it can receive donations for the purpose from the public and if the NGO holds 80G or 35AC Registration then it can issue Tax Exempted Receipts through which the donor gets tax exemptions on every donation made and the chances of receiving Donations by the NGO are enhanced.
Funding from Government
If a Section 8 company or any other form of NGO has a project that they want to carry out, they can submit the same with Government and will get the grant if Government approves that.
Corporate Social Responsibility
There is a requirement for certain companies that they should spend some amount of their money for the degradation and benefit of society. If the credentials of an NGO are good they can get funding from these companies as well. For a new NGO Section 8 Company adds to the credentials.
Foreign Funding
In case any foreign NGO or organization wants to carry out an activity in India or an Indian NGO especially a Section 8 Company approaches a foreign organization for funding then if the NGO holds FCRA it can get funds from the foreign organization.
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FAQs
If you have all the documents in order, it will take no longer than 15 days. However, this is dependent on the workload of the registrar.
Yes, a minimum of two directors are needed for a private limited company. The maximum members can be 200. You can register as a One Person Company,, if you are the sole owner of the company.
Yes, a salaried person can become the director in private limited, LLP or OPC private limited company. One needs to check the employment agreement if that allows for such provisions. In a lot of cases, the employers are quite comfortable with the fact that their employee is a director in another company.
A private limited company must have at least one owner. This means that one person (or corporate body) can be the sole owner of a company.
A Private Limited Company is a Company which has a Minimum of Two members and a Maximum of 200 Members. To calculate members, present and past employees are excluded. A Private Limited Company can not invite general public to subscribe its securities.
A Memorandum of Association (MoA) represents the charter of the company. It is a legal document prepared during the formation and registration process of a company to define its relationship with shareholders and it specifies the objectives for which the company has been formed.
A shareholder owns and controls a limited company through the purchase of one or more shares. A director is appointed to manage a company on behalf of its shareholders. Whilst the roles of directors and shareholders are completely separate and very different, it is normal for one person to hold both positions
MOA. Memorandum of Association (MOA) is a document that contains all the fundamental data which are required for the company incorporation. Articles of Association (AOA) is a document containing all the rules and regulations that govern the company.
A business owner is someone who derives profit or income from a company's operations, whether or not he participates in its management. A CEO is an paid executive manager who guides the day-to-day activities in the company.
Definition: The Articles of Association or AOA are the legal document that along with the memorandum of association serves as the constitution of the company. It is comprised of rules and regulations that govern the company's internal affairs.
The top of most management teams has at least a Chief Executive Officer (CEO), a Chief Financial Officer (CFO), and a Chief Operations Officer (COO).
To print this article, all you need is to be registered or login on Mondaq.com. Generally, logos and designs that are used as brand identities for representing businesses are protected as trademarks. As they are original artistic works that have an element of creativity, they are also protected as copyrights
If you want to protect your brand identity you have to register a trademark for your company name, logos, and slogans. By using the trademark symbol, you notify other people that products they use are your property. In order to prevent unauthorized use of your mark by third parties, you have to choose a strong one.