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How to Register a NGO/TRUST Company?

NGO (Non-Government Organisation) is an organization that works for non-profit/ charitable purposes. In this article, we will explain how to register in ngo in the form of Section 8 Company, under Companies Act, 2013.

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How to Register a NGO/TRUST Company?

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  1. 8/10/2020 How to Register a NGO/Trust Society ? India Tax INDIA TAX INFO PVT. LTD. is a premier professional services ?rm that strives to add value to the business of their clients. Founded in 2009, the group provides a wide gamut of services in the ?nancial space which range from Entry Level Strategy, Taxation, GST, Assurance, Consulting, Mergers and Acquisition to Corporate Financial Advisory. How to Register a NGO/Trust Society ? August 06, 2020 NGO (Non-Government Organisation) is an organization that works for non-profit/ charitable purposes. In this article, we will explain how to register in ngo in the form of Section 8 Company, under Companies Act, 2013. Laws in India applicable to an NGO NGOs can be registered in India under any of the following laws: Trust under Indian Trusts Act, 1882 Society under Societies Registration Act 1860 Section 8 Company under Companies Act, 2013 Objective of NGO – Section 8 Company The main purpose of establishing a company as a Section 8 company is to promote non-profit objectives such as trade, commerce, arts, charity, education, religion, environment protection, social welfare, sports, research, etc. The profits/incomes of the company, if any, are applied towards promoting the objectives of the company and are not distributed as dividends to its shareholders. A minimum of two directors is required if the Section 8 company is to be incorporated as a private limited company, and a minimum of three directors in case of incorporation as a public limited maximum number of members is 200 in case of a private limited company, whereas for a public limited company, there is no such limit. company. The Also, there is no requirement of minimum paid-up capital in case of a Section 8 company. https://indiataxin.blogspot.com/2020/08/how-to-register-ngotrust-society.html 1/5

  2. 8/10/2020 How to Register a NGO/Trust Society ? (Digital a. Signature): Digital signatures of the proposed directors of the company are required as the forms for the registration process are filed online and should be digitally signed. Digital signature certificates (DSC) are issued by government recognized certifying agencies. The list of such certified agencies can be accessed here. Obtain DSC The cost of obtaining a DSC varies depending upon the certifying agency. You must obtain either a Class 2 or a Class 3 category DSC. Under the Class 2 category, the identity of a person is verified against a pre-verified database, whereas under the Class 3 category, the person needs to present himself before registering authority to prove his/her identity. b. Apply for Director Identification (DIN): You have to apply for a DIN for the proposed directors of the company. The application allotment of DIN has to be made in Form DIR-3. You have to scanned copy necessary such as a self-attested Number for attach the the of documents copy of PAN, Identity and Address proof of directors along with the form and submit it online on the MCA Portal. The form must be attested by a practicing professional who can be a chartered accountant, a company secretary, or a cost accountant. Procedure for incorporation of a Section 8 company Step 1 – Obtain a DSC of the proposed Directors of the Section 8 Company. Once a DSC is received, file Form DIR-3 with the ROC for getting a DIN. Documents to attach for DIN application: Proof of Identity and Address Proof. Step 2 – Once the DIR-3 is approved, the ROC will allot a DIN to the proposed directors. Step 3 – File Form INC-1 with the ROC for applying for a company name. A total of 6 names can be applied for in order of preference, out of which one would be allotted, based on availability. Step 4 – After approval, file Form INC-12 with the ROC to apply for a licence for the Section 8 company. Documents to attach with INC-12: a. Draft MOA as per Form INC-13 b. Draft AOA c. Declaration as per Form INC-14 (Declaration from Practicing Chartered Accountant) d. Declaration as per Form INC-15 (Declaration from each person making application ) https://indiataxin.blogspot.com/2020/08/how-to-register-ngotrust-society.html 2/5

  3. 8/10/2020 How to Register a NGO/Trust Society ? e. Estimated Income & Expenditure for next 3 years. The subscription pages of the Memorandum Articles of Association of the company shall be signed by subscriber mentioning address, and occupation, in the presence of at least one witness who shall attest the signature and sign and add his name, address, and occupation. and every with name, along his Step 5 – Once the Form is approved, a license under section 8 will be issued in Form INC-16. Step 6 – After obtaining the license, file SPICE Form 32 with the ROC for incorporation along with the following attachments: a. An affidavit from all the directors’ cum subscribers – INC-9 b. Declaration of deposits c. KYC of all the Directors d. Form DIR-2 with its attachments i.e PAN Card and address proof of the directors e. Consent letter of all the directors f. Interest in other entities of the directors. g. Utility bill as a proof of Office address h. NOC in case the premises are leased/rented i. Draft MOA and AOA If the ROC is satisfied with the forms submitted, he issues a Certificate of Incorporation along with a unique Company Identification Number (CIN). Employees' State Insurance Income Tax Return NGO/Trust Company Location: New Delhi, Delhi, India Enter your comment... https://indiataxin.blogspot.com/2020/08/how-to-register-ngotrust-society.html 3/5

  4. 8/10/2020 How to Register a NGO/Trust Society ? Popular posts from this blog What is Employee State Insurance Corporation? July 08, 2020 What is ESIC? The promulgation of Employees' State Insurance Act, 1948(ESI Act), by the Parliament was the ?rst major legislation on social Security for … READ MORE What is Partnership Firm? July 10, 2020 A partnership ?rm is an organization which is formed with two or more persons to run a business with a view to earn pro?t. Each member of such a group is known as partner and collectively known as partnership ?rm. These ?rms are governed by the Indian Partnership… READ MORE What Is Nidhi Company? July 18, 2020 A Nidhi Companyis a type of company in the Indian non-banking ?nance sector, recognized under section 406 of the Companies Act, 2013. [1] Their core business is borrowing and lending money between their … READ MORE Powered by Blogger Theme images by Michael Elkan https://indiataxin.blogspot.com/2020/08/how-to-register-ngotrust-society.html 4/5

  5. 8/10/2020 How to Register a NGO/Trust Society ? INDIA TAX VISIT PROFILE Archive Labels Report Abuse https://indiataxin.blogspot.com/2020/08/how-to-register-ngotrust-society.html 5/5

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