Hello friends, today we will discuss about some essentials that you should keep in mind before starting an NGO. As the name suggests NGO refers to a non-profit organization. It is formed for the welfare of the society and for achieving this purpose it can perform various types of functions relating to the betterment of environment, socially backward people, old age people, animals, plants, etc.
In India, depending upon the
purpose and nature of work, the NGO can be registered as:
- A trust under Indian Trust Act, 1882.
- A society under Societies Registration Act.
- A Section 8 Company under Companies Act, 2013.
IMPORTANT FEATURES
1. In case
of trust,
a. Minimum 2 members are required, each being
persons who has attained majority and of sound mind, capable of entering into a
contract.
b. One member is termed as the trustee and
other being settlor, whereby settlor creates the trust and transfers assets to
the trustee for the benefit of third party, generally belonged to socially
backward classes.
c. It is registered with Registrar of Trusts.
d. Property of trust is generally managed by
the trustee, but he/she do not have any right to sell off the same without
permission of court.
e. It is normally irrevocable.
Documents
required for registration:
§Objective
of the trust in written
§ Trust
deed on properly valued stamp
§ Photographs
of trustee and
§ PAN
card of trustee and settlor;
§ Address
proof (in case of rented accommodation, it shall be accompanied with NOC from the owner)
2. In case
of society,
a. Generally formed for social welfare and for
promoting arts and literature like forming public museums and libraries.
b. Minimum 7 members.
c. It is governed under Societies Registration
Act, 1860.
d. Registered with registrar of societies of
the concerned state.
e. Property vested with the society may be
sold as per by-laws of society.
f. It may be dissolved as per the bye-laws of
society.
Documents
required for registration:
§ Proposed
name;
§ Identity
proof of all members;
§ 2
copies of MOA and by-laws;
§ Address
proof of the place of business (NOC from landlord in case of rented property);
3. In case
of Sec 8 Company,
a. Generally formed for charitable purposes.
b. Minimum 2 Directors and 2 Share Holders are
required
c. It is governed under the Companies Act.
d. It may be dissolved as per the by –laws.
Documents
required for registration:
§ DSC’s
of Directors
§ Showing
proposed name and objectives
§ MOA and
Articles of Association;
§ Details
of promoters;
§ Details
of Board of Members;
§ Address
Proof;
§ PAN
Card of all members;
§INC -14
and INC -15 i.e. declaration by professionals and by promoters
§DIR-2
Form specifying the consent of
directors;
BENEFITS OF REGISTRATION
1. LEGAL
IDENTITY
2. TAX
BENEFITS
3. AVAIL LOAN EASILY
4. FACILITATE OPENING OF CURRENT ACCOUNT
5. DEPOSES
FAITH TO THE CREDITORS
6. PROMOTES
TRANSPARENCY
I hope I have made mysely clear about the basics of NGO startup in India. For any other queries please
feel free to write below in our comments section.
Wakeel Sahib, Thanks for enlightening on NGO, Trust and Registration benefits
ReplyDeleteKailash Madan, M.com, LL.B, CAIIB, ACS
The blog that you shared here about NGO helping poor is very informative or us. keep sharing
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