How to register NGO | Types of NGOs | NGO Registration Process and Documents - Corpbiz

#NGORegistration #NGO #Corpbiz
NGO Registration Service in #India– An Overview

An NGO is a #non_governmentOrganization with a charitable objective, for the betterment of the society in general. It can be started as a #Trust, a Society or a Non-Profit Company [#Section8Company], depending on the activity you wish to undertake.
Types of Registrations in India

- #TrustRegistration
- #SocietyRegistration
- #Section8CompanyRegistration

TRUST REGISTRATION

One of the ways in which an NGO can be registered is Trust or more commonly called Charitable trust. Trust is a legal entity created by the “trustor” or “settlor” who transfers the assets to the second party or “trustee” for the benefit of the third party or “beneficiary”. Trusts are formed to help and support the deprived sections of the society. Any group of individuals can register a trust and in India as such there are no specific laws to govern the public trust, however, some states like Maharashtra and Tamil Nadu have their own Public Trust Act.

Types of Trusts

Generally, there are two types of trusts in India: private trusts and public trusts. While private trusts are governed by the Indian trusts Act, 1882, public trusts are divided into charitable and religious trusts.

Who can form a Trust?

According to Section 7 of Indian Trusts Act, 1882, a trust may be created by the following persons:

1. Every person competent to contract (given in Section 11 of Indian Contract Act, 1872);
2. By or on behalf of minor with the permission of a principal civil court of original jurisdiction;
3. Hindu Undivided Family;
4. Association of Persons (AOP);
5. Trust by a woman;
6. Company

Comparing Public and Private Trust

Public and private trust can be distinguished in a number of ways. A simple way to differentiate between a public and a private trust is to know the beneficiaries of the trust. If the beneficiaries make up a large or substantial body of public, then the trust in question is public. A public trust exists “for the purpose of its objects, the members of an uncertain and fluctuating body,” and is managed by a board of trustee. If, however, the beneficiaries are a narrow and specific group such as the employees of a company, then the trust is private. So the basic difference between both the trusts is that in the former, the interest is vested in an uncertain and fluctuating body whereas, in the latter, beneficiaries are definite and ascertained individuals.

Documents Required

- Drafted Deed
- Identity proof of at least two members who can act as witness
- Utility Bill of the Address where trust shall be registered
- Physical Presence in the registered office of the trust – Author
- Minimum members required-3 Maximum 21

Once the payment for the registration is done, it takes about 8 to 10 days for online registration to be completed under the Indian Trust Act – 1882. Before the deed becomes valid throughout the country, the settler has to deliver a presentation at the registrar’s office.

Imp Points: Property of the trust shall be managed by the trustees; however the properties cannot be sold by the trustees without obtaining the permission of the court.
Trust is usually irrevocable in nature. For reasons like disqualification of trustees, the absence of trustees, mismanagement of the trust, the trust can be merged with another trust having similar objects with the permission of the court

SOCIETY REGISTRATION

A society is an entity that can be created by a group of individuals united in their cause for promoting science, arts, literature, social welfare and useful information. In addition, societies work for creating military orphan funds, maintaining public museum and libraries.
Societies are governed by the Societies Registration Act, 1860. They must be registered with the respective state Registrar of Societies to be eligible for tax exemption.

For a society registration, the following papers are essential:

• The name of the society.
• Address proof of the office.
• Identity proof of all the nine members which can be:
• Driving License
• Copy of Passport
• Voter ID
• Aadhaar card
• Two copies of the Memorandum of Association and By-laws of the society.
• Minimum Members required-7 Maximum –Unlimited
Read more - https://corpbiz.io/ngo-registration
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