NGO Registration

The process of legally forming a non-profit organization to work for social, charitable, or educational causes.

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NGO REGISTRATION IN INDIA

Details, Description & Professional Advisory

 

1️ WHAT IS AN NGO

An NGO (Non-Governmental Organization) is a non-profit entity established for charitable, social, educational, religious, environmental, healthcare, or public welfare purposes, without profit motive.

NGOs in India operate under different legal structures.

 

2️ LEGAL FORMS OF NGO IN INDIA

Form

Governing Law

Registration Authority

Public Charitable Trust

Indian Trusts Act / State Trust Act

Sub-Registrar

Society

Societies Registration Act, 1860

Registrar of Societies

Section 8 Company

Companies Act, 2013

Registrar of Companies (ROC)

 

3️ WHICH NGO STRUCTURE IS BEST? (CLIENT ADVISORY)

Criteria

Trust

Society

Section 8

Ease of Registration

⭐⭐⭐⭐

⭐⭐⭐

⭐⭐

Government Recognition

⭐⭐⭐

⭐⭐⭐

⭐⭐⭐⭐

CSR Funding

⭐⭐⭐

⭐⭐⭐

⭐⭐⭐⭐

Compliance

Low

Medium

High

Transparency

Medium

Medium

High

🔹 Most NGOs prefer TRUST for ease
🔹 CSR-oriented NGOs prefer Section 8

 

4️ ELIGIBILITY CONDITIONS

Minimum 2 Trustees / Members / Directors
Charitable or non-profit objectives
Indian resident promoters
Registered office address in India

 

5️ DOCUMENTS REQUIRED (COMMON FOR ALL NGOs)

📁 PROMOTER DOCUMENTS

PAN Card
Aadhaar Card
Passport size photo
Address proof

📁 NGO ADDRESS

Electricity Bill / Property Tax Receipt
Rent Agreement / Ownership proof
NOC from owner

 

6️ NGO REGISTRATION – PROCESS SUMMARY

🔹 A. TRUST REGISTRATION

  1. Draft Trust Deed

  2. Execute on stamp paper

  3. Register with Sub-Registrar

  4. Apply PAN & Bank account

🔹 B. SOCIETY REGISTRATION

  1. Draft MOA & Rules

  2. File with Registrar of Societies

  3. Obtain Registration Certificate

  4. PAN & Bank account

🔹 C. SECTION 8 COMPANY

  1. Name approval (RUN)

  2. MOA & AOA drafting

  3. Incorporation with ROC

  4. PAN, TAN & Bank account

 

7️ POST-REGISTRATION STATUTORY REGISTRATIONS

Registration

Purpose

PAN

Mandatory

12AB

Income tax exemption

80G

Donor tax benefit

CSR-1

CSR funding

FCRA

Foreign donation

GST

If applicable

 

8️ BENEFITS OF NGO REGISTRATION

Legal identity
Tax exemption on income
Donation benefits to donors
Eligibility for government grants
CSR & foreign funding access
Public trust & transparency

 

9️ ANNUAL COMPLIANCES (SUMMARY)

Maintain books of accounts
Audit (if applicable)
Income Tax Return
Form 10B / 10BB
CSR / FCRA returns (if applicable)

 

🔟 COMMON MISTAKES (AVOID)

Commercial / profit-oriented objects
Personal benefit clauses
Poor drafting of objects
Non-filing of returns
Cash donations without records

 

📄 PROFESSIONAL ADVISORY DRAFT

(Ready to issue on CA letterhead)

ADVISORY NOTE – NGO REGISTRATION IN INDIA

This is to inform you that Non-Governmental Organizations (NGOs) can be legally established in India for carrying out charitable, educational, medical, social, environmental, and public welfare activities.

NGOs may be registered as a Public Charitable Trust, Society, or Section 8 Company, depending upon the nature of activities, funding sources, and long-term objectives.

NGO registration provides legal recognition and enables the organization to avail tax exemptions, receive donations, CSR funds, and government grants, subject to statutory compliance.

Our firm shall assist in:

  • Selection of appropriate NGO structure

  • Drafting and registration documentation

  • PAN, bank account & statutory registrations

  • 12AB, 80G, CSR-1 and FCRA registrations

  • Ongoing compliance and advisory services

Proper compliance and transparent operations are essential to sustain NGO benefits and avoid regulatory action.