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Register an NGO in India
A Non Governmental Organization is an association of persons or a body of individuals. An association of persons with non-profit motive may be registered under any of the following Indian Acts:
Procedures of Formation
“Trust” is defined as an obligation annexed to the ownership of property, and arising out of a confidence reposed in and accepted by the owner or declared and accepted by him for the benefit of another, or of another and the owner. A Trust may be created by any language sufficient to know the intention and no technical words are necessary. A trust deed, generally, incorporates the following:
A society may be defined as a company or an association of persons united together by mutual consent to deliberate, determine and act jointly for same common purpose. Minimum seven persons, eligible to enter into a contract, can form society. When an NGO is constituted as a society, it is required to be registered under the Societies Registration Act, 1860.
The chief advantage of forming a society are that it gives a corporate appearance to the organization, and provides greater flexibility as it is easier to amend the memorandum and bye laws of the society than in case of trust, terms of which are strictly manifested in the trust deed. However, formation of a society requires more procedural formalities than in case of a trust. A Society for its inception requires:-
I. Memorandum of Association, and
II. Rules and Regulations
For the purpose of registration, following documents are required to be filed with the registrar of Societies:
Company u/s 25
An NGO can be formed under Section 25 of the company’s act, an association must fulfil the following requirements :
An NGO which satisfies these conditions is permitted to be incorporated without addition of the word “Limited” or “Private Limited”. Procedure for applying is same as applicable in the case of all companies. If the registrar is satisfied that all formalities have been complied with, he will issue a certificate of incorporation from which date the company comes into existence.
Note: An association already registered as a company, may also apply for a licence u/s 25.