i. Trust Registration under “The Indian Trust Act, 1882”
ii. Society Registration under “Societies Registration Act, 1860”
iii. Section 8 Company Registrations under “The Companies Act, 2013”
Before a registered deed is delivered to an NGO, the the below-mentioned documents are required:-
-Objective of the Trust Deed.
-Particulars of the Trustee and settlor (Self-attested copy Id and Address Proof along with the information related to occupation).
-Trust Deed on Proper Stamp Value.
-Photographs of Trustee and settlor.
-PAN Card of Trustee and settlor.
-Documentation for the Trust Registered Address. In the case of rented property (NOC from the Landlord is required).
-Name of the societ
-Address proof of the working space.
-Identity proof of all the 9 members
-2 copies of the Memorandum of Association and By-laws of the society
-Copy of Identity Proof and Address Proof (Including PAN Card).
-DIR-2(Consent of the directors) along with ID& Address proof
-Utility bill not older than 2 months
-Proof of registered office address
-No objection certificate is required if the registered office is not taken on rent
-Affidavit regarding deposits
-INC-14 -Declaration by Professionals
-INC-15-Declaration by Promoters (INC-14 and INC-15 shall be on the stamp paper, duly notarized).
-Estimated Annual Income
-Memorandum of Association and Articles of Association
-Particulars of the promoters as well as Board Members of the proposed company
Based on type of NGO Registration (Trust, Societies and Section 8 companies), an applicant needs to follow various laws and procedure prescribed in the respective act.
The procedure for Trust registration involves the below-mentioned steps:
-Select An Appropriate Name
-Drafting Of Trust Deed
-Selecting Settlers And Trustees Of The Trust
-Preparing Memorandum Of Association
-Paying The Requisite Fees
-Collection Of A Copy Of Trust Deed
-Submission Of The Trust Deed In Registrar
-Obtain The Registration Certificate
For NGO registration as Section 8 Company, an applicant needs to follow the below-mentioned steps:-
-Apply For DSC
- Name Reservation Through SPICE+:-
The procedure for name reservation of Section 8 Company is similar to other companies. For the same, click on the ‘SPICe+’ Form placed under ‘MCA Services’. SPICE+ form is used for name reservation of the company that includes all the steps right from the Name Reservation to Post incorporation compliances.
The applicant of Section 8 Company has to fill the name he/she wants to reserve for Section 8 Company. Provided the name shall include the words, such as:-
-Submission Of SPICE+ Part A Form:-
The applicant needs to submit the SPICE+ Part A form for Name reservation and incorporation purposes. (DIN Application is also included in the SPICE+ form).
-Filing SPICE+ Part B:-
After submitting the SPICE+ Part A, the next step is to download SPICE+ Part B in PDF for incorporation purpose in format for filling the related forms are-
• INC-9 and URC-1) and for affixing the “DSC,”.
-Preparing MOA & AOA:-
After the proper filing of the SPICE+ form, an applicant has to file MOA and AOA form Dashboard Link. All the details which are common in PART-B shall be auto-fill in MOA and AOA. Both the forms are web-based forms. An applicant is required to fill in all the details in the MOA/ AOA as per the requirement of Schedule I. Also, affix the Digital Signature Certificate of all the subscribers and professional on the portal for the same.
- Filing The Details In AGILE PRO:-
The next step is to fill all the details in the AGILE PRO form. Similar as Part A, the details that are common in PART-B shall be auto fill in AGILE Pro.
AGILE PRO includes-
• EPFO/ ESIC- Mandatory
• Bank Account- Opening the bank account through this form.
-Fill Requisite Details In INC-9:-
INC-9 includes the declaration by the subscriber or First director.
-Filing Of Forms With MCA:-
An applicant shall file the respective forms with MCA after filling all the requisite details in SPICE+ and AGILE PRO. After successful submission, the documents can be submitted, and DSC can be affixed in the respective form.
-Pre-Scrutiny Check And Payment Of Requisite Fees
-COI From The Registrar:-
If the Registrar finds the information and the documents appropriate; he will issue a Certificate of Incorporation to the applicant company.
-Choosing A Name
-Preparing The Memorandum Of A Society
An applicant shall prepare the below-mentioned documents required for Society registration. The documents shall be duly signed.
• Name of the society
• Address proof of the working space.
• Identity proof of all the 9 members
• 2 copies of the Memorandum of Association and By-laws of the society
-Filing Of Application:-
An applicant shall file the signed Memorandum and Rules and Regulations with the concerned Registrar of Societies in the State with the prescribed fee.
-Get Society Certification
Once the documents are submitted and the Registrar is satisfied with application for Society Registration, he would certify to deem the Society to be registered.
-In case of Trust, minimum 2 trustees are required to form trust.
-In case of Society, minimum 7 members are required to form society.
-In case of Section 8 Company, minimum 2 directors and minimum 2 shareholders are required. Same person can be appointed as director and shareholder in a company.