What is the Procedure of Formation of a New NGO?

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Before initiating the procedure to register NGO, it is essential to define the mission, objectives, and goals of your organization. This will help in structuring your activities and aligning them with legal requirements.

Non-Governmental Organizations (NGOs) play a crucial role in addressing social issues, promoting welfare, and advocating for various causes. If you want to establish an NGO, it is important to follow a systematic approach. The procedure to register NGO involves multiple legal and administrative steps, ensuring that the organization operates within a legal framework.

Step 1: Define Your NGO’s Purpose and Mission

Before initiating the procedure to register NGO, it is essential to define the mission, objectives, and goals of your organization. This will help in structuring your activities and aligning them with legal requirements.

Step 2: Choose the Type of NGO Structure

There are different types of NGOs, and choosing the right structure is a critical step in the procedure to register NGO. The most common types include:

  1. Trust - Registered under the Indian Trust Act, 1882

  2. Society - Registered under the Societies Registration Act, 1860

  3. Section 8 Company - Registered under the Companies Act, 2013 Each type has its own legal implications, so selecting the appropriate one is necessary for the successful registration process.

Step 3: Select a Unique Name

The NGO’s name should be unique and should not violate any existing trademarks or copyrights. Checking name availability is an important step in the procedure to register NGO.

Step 4: Prepare the Required Documents

To proceed with the procedure to register NGO, you need to gather the necessary documents, including:

  • Identity and address proof of the founders

  • Memorandum of Association (MOA)

  • Articles of Association (AOA)

  • Declaration from members

  • Address proof of the NGO office

Step 5: Registering the NGO Based on the Chosen Structure

1. Trust Registration

  • Prepare the trust deed and get it notarized.

  • Submit the deed to the local registrar office.

  • Obtain a registration certificate.

2. Society Registration

  • Draft the MOA and bylaws.

  • Submit it to the Registrar of Societies along with the required fee.

  • Once approved, a society registration certificate is issued.

3. Section 8 Company Registration

  • Apply for Digital Signature Certificate (DSC) and Director Identification Number (DIN).

  • File INC-12 and submit necessary documents.

  • Upon approval, the NGO receives a certificate of incorporation.

Step 6: Apply for PAN and Bank Account

After completing the procedure to register NGO, it is necessary to obtain a PAN (Permanent Account Number) and open a dedicated bank account in the NGO’s name for financial transactions.

Step 7: Apply for 12A and 80G Registration

To avail tax exemptions, an NGO must apply for:

  • 12A Registration - Allows tax exemption on income.

  • 80G Registration - Enables donors to get tax benefits. This is an essential step in the procedure to register NGO, as it enhances credibility and encourages donations.

Step 8: Compliance and Reporting

Once the NGO is registered, it must comply with various legal obligations such as:

  • Filing annual returns with the respective authorities.

  • Maintaining financial records and audits.

  • Renewing necessary licenses and permits.

Conclusion

The procedure to register NGO requires careful planning and adherence to legal formalities. Following the outlined steps will help in establishing a legally recognized NGO, enabling it to work towards its social objectives effectively. By ensuring compliance with regulations, your NGO can achieve its mission successfully and make a significant impact on society.

 

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