Online NGO Registration

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Online Section 8 Company Registration for NGOs under Companies Act, 2013

Non-Governmental Organizations (NGOs) established under Section 8 operate as independent, non-profit entities. They are typically formed to champion causes related to art, science, culture, education, research, religion, and socio-environmental concerns.

NGOs, driven by individuals, groups, or communities at the national or international level, work tirelessly to enhance societal well-being. These organizations are often guided by humanitarian goals. In India, NGOs can be registered under three distinct structures:

  1. Trust Registration (The Indian Trust Act, 1882)
  2. Society Registration (Societies Registration Act, 1860)
  3. Section 8 Company Registration (The Companies Act, 2013)

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Section 8 NGO Companies

Section 8 companies, established under Section 8 (1) (a), (b), and (c) of the Indian Companies Act, 2013, primarily serve the promotion of various causes, including art, science, sports, religion, social welfare, environment, education, research, charity, and the general betterment of society. 

The need for more transparency in the formation of NGOs led to the establishment of Section 8 companies, with the Ministry of Corporate Affairs facilitating their registration through the Registrar of Companies.

Roles and Functions of NGOs in India

NGOs, often characterized as non-profit entities bridging the gap between government bodies and citizens, do not possess a single formal definition. They are generally recognized as organizations dedicated to social good, advocating for human rights, facilitating political change on a broader scale, promoting social development, and addressing various societal issues.

Minimum Eligibility for Establishing an NGO as a Section 8 Company

Organizations or entities interested in establishing an NGO must adhere to applicable laws and meet the following requirements:

  • A Section 8 company must have a minimum of 2 members/shareholders, not exceeding 200.
  • At least two directors are mandatory, with one director being a resident in India.
  • The primary objectives of a Section 8 company must be related to social causes.
  • Distribution of profits and dividends is prohibited, and any profits must be applied towards furthering the company’s primary objectives.

Advantages of Registering an NGO Under Section 8 Company in India

  • Distinct legal identity.
  • Tax savings opportunities.
  • Simplified compliance requirements.
  • Streamlined establishment process.
  • Facilitation of international collaborations.
  • No minimum capital requirement.
  • Transferability of ownership and title.
  • Access to government funding.
  • Personal liability protection.

Documents Required for Registering an NGO in India

  • PAN Card
  • Identity proof of the applicant/directors/members
  • Proof of registered office address (electricity bill, no more than 2 months old)
  • Aadhar Card
  • Voter ID
  • Passport-size photographs
  • DIR-2 (Director’s consent) along with address proof
  • NOC.
  • INC-14 Declaration by professionals
  • INC-15 Declaration by promoters (on duly notarized stamp paper)
  • Affidavit regarding deposits
  • Annual income estimate
  • Memorandum of Association and Articles of Association
  • Personal details of promoters and directors

How to Register an NGO as a Section 8 Company in India

To facilitate the registration of an NGO as a Section 8 company, you can follow these steps:

  1. Step 1: Applying for DSC (Digital Signature Certificate) & DIN (Director Identification Number) 
  2. Step 2: Apply for company name reservation. 
  3. Step 3: Fill out the SPICe+ form. 
  4. Step 4: Receive the NGO Section 8 Company Incorporation Certificate and License.

The entire process of Section 8 Company Registration for NGOs can be completed online in India.

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Let's Address All Your Questions!

A Section 8 NGO, commonly referred to as a non-governmental organization or NGO, operates independently of government control, dedicated to addressing social or political issues.

India hosts various types of NGOs, each with its distinct focus and scope:

  1. National NGOs
  2. International NGOs
  3. Community-Based NGOs (CBOs)
  4. Citywide NGOs

The process of NGO registration in India encompasses several key steps, starting from identifying the cause and forming the board of directors, to choosing the NGO’s name and proceeding with incorporation and registration on the Ministry of Corporate Affairs (MCA) portal. While the process is online, applicants may be required to submit essential documentation.

Online NGO registration need not be complicated. With the right guidance, such as the expertise offered by JUSTSTART, a proficient team well-versed in NGO registration services in India, you can ensure that your registration process proceeds smoothly.

Industry experts emphasize that a single individual cannot establish an NGO alone. A minimum of two members is required.

While both Section 8 NGOs and other types of NGOs are driven by the common goal of serving society, there are nuances to consider. NGOs registered under Section 8 companies adhere to well-defined constitutions and specific criteria. They do not operate for individual profits. In terms of liabilities, shareholders in these companies are responsible for debts up to a predetermined amount, ensuring that resources are dedicated to their stated social objectives.

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