Registration of NGO in India – Section 8 Company

Registration of NGO

What is an NGO?

NGOs can be defined as organizations formed for non-profitable purposes such as Charity, religious, cultural, or educational. Their main sources of revenue are donations, government grants, membership fees, etc. They cannot distribute their profits and are required to spend their proceeds for non-profit activities.

NGO Registration is useful to be eligible for donations and grants from various government agencies and also enjoy the tax benefits and exemptions.

There are three types of NGOs

  1. Trust under Indian Trusts Act, 1882
  2. Society under Societies Registration Act 1860
  3. Section 8 Company under Companies Act, 2013

Section 8 Company is an organization that is registered as a Non-Profit Organization (NPO). NPO/company has its objective of promotion of arts, commerce, charity, education, protection of the environment, science, social welfare, sports, research, religion and intends to apply its profits, if any, or other income in promoting its objects. Section 8 company registration is very important and easy to do just by following some specific steps.

A minimum of two directors is required if section 8 company is incorporated as a private limited company and three directors in case of a public limited company. The maximum number of members can be 200 in case of the private limited company registration and for a public limited company, there is no such limit.

Also, there is no requirement of minimum paid-up capital in the case of section 8 company.

Important  Forms for Registration of NGO

  • Form INC – 1

Form 1 is filed for the reservation of the name of the proposed company. But before quoting the name in the form, it is recommended that you must access the free name search facility of existing companies available on the MCA portal. The system will provide a list of closely resembling names of the existing companies based on the search criteria filled up. This will help you to avoid choosing a similar name already existing. You can make up to 6 choices in the order of your preference in Form INC 1.

  • Form INC-12

Form INC-12 is filed for the grant of a license to operate as a section 8 company. Along with this form, you are required to attach a draft copy of the Memorandum of association and Articles of Association (MOA and AOA). There is a prescribed format for the Memorandum of Association of section 8 company in Form INC 13. The subscription pages of MOA and AOA shall be signed by each subscriber along with the name, address, description, and occupation in the presence of at least one witness.

  • Form INC 12 is filed with the following attachments :
  1. INC-13 for Memorandum of Association
  2. Draft Articles of Association
  3. INC-15 for the declaration by each subscriber to MOA that the draft memorandum and articles of association have been drawn up in conformity with the provisions of section 8
  4. Estimated statement of Income & Expenditure for the next three years
  5. List of proposed Promoters and Directors of the Company

  • Form INC 7

INC 7 is the application for the incorporation of the company. The following documents must be attached along with Form INC 7:

  1. Memorandum and articles of the company duly signed by all the subscribers
  2. An affidavit from each of the subscribers and first directors in Form INC 9 that they are not guilty of any offense or misfeasance
  3. Declaration in Form INC 8 that all the requirements of the Companies Act have complied with the Address of correspondence until the registered office is fixed
  4. Address and Identity proofs of all the subscribers to MOA and first directors of the company

  • Form INC 22

Form INC 22 is filed for providing the notice for the situation of the company’s registered office. It can be filed along with Form INC 7 or within 30 days from the incorporation of the company.

  • Form DIR 12

Form DIR 12 is filed for the appointment of the directors of the company. It must be filed within 30 days from the date of the appointment of the directors.

Procedure for Registration of NGO

1. Application of DSC & DPIN :

First of all, the partners have to apply for the Digital signature and DPIN. A digital signature is an online signature used for filing and DPIN refers to the Directors PIN issued by MCA. If the directors already have DSC and DPIN, then this step can be skipped.

2. Name approval :

You to provide 3 different name options to MCA of which one will be selected. Names provided should ideally be unique and suggestive of company business.

3. Approval of other authorities :

The Registrar of Companies may require the applicant to furnish the approval or concurrence of any department, regulatory body, appropriate authority, or Ministry of the Central or State Government(s) about the work to be done.

4. Obtaining Section 8 Company Licence :

After the company’s name is approved, one needs to apply for a Section 8 Company license from the MCA. The Registrar will wait for 30 days for objections if any, of any person under a notice published in newspapers. The Registrar might also consult any other regulatory bodies and necessary authorities.

Thereafter, the Registrar of Companies may, at its discretion, grant the license with or without certain conditions. The Registrar may direct the company to insert in its memorandum or its articles, or partly in one and partly in the other, such licensing conditions as may be specified by the Registrar in this behalf.

5. MOA & AOA submission :

Once the license is obtained, one needs to draft a Memorandum of association and Articles of Associate. But the object of the company must always be charitable. Both MOA and AOA are filed with the MCA with the subscription statement.

6. Get Section 8 Company incorporation certificate :

It typically takes 15- 25 days to form a Section 8 company and get the incorporation certificate. The Certificate of Incorporation is proof that a company exists. It also includes your CIN (Company Incorporation Number). The Registrar will wait for 30 days for objections if any, of any person under a notice published in newspapers. The Registrar might also consult any other regulatory bodies and necessary authorities. Thereafter, the Registrar of Companies at its discretion may grant the license. And such a license may contain conditions as deemed necessary by the Registrar.

7. Apply for PAN, TAN, and Bank account :

Then you need to apply for PAN and TAN. PAN and TAN are received in 7 working days. Post this, you can submit the Incorporation certificate, MOA, AOA, and PAN with the bank to open your bank account. OR
Online Filing

The Ministry of Corporate Affairs (MCA) has issued an integrated incorporation form INC-32. So now, an OPC can be incorporated online by filling the Simplified Proforma for Incorporating Company Electronically (SPICe) form in Form INC-32 (using Digital Signature Certificate of the Director)along with (MoMA) in Form INC-33 and (AOA) in Form INC-34.

Section 8 Company Registration of NGO done through Company Registration Online in Delhi NCR, Mumbai, Bengaluru, Chennai, and other Indian cities.

Related Article-

Procedure of Registration for Section 8 Company

crauthor

Published by
crauthor
7 years ago