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Non-Governmental Organisation (NGO) as the term suggests, these organisations operates independent from the Government. It is a legally constituted Organisation created by natural and legal persons primarily registered for charitable or non-profit purposes, their mandate is to promote the public interest and serve the public good. NGOs are engaged in public services based on social, religious, spiritual, cultural, economic, ethical, etc. considerations. NGO’s are formed with defined aimed and objectives and intends to apply its profits, if any or other income in promoting its objects. In India, NGO’s can be registered as follows: -
Important Points In Connection With Section 8 Company:
Trust: A Trust is a relationship in which a person or entity holds a valid legal title to a certain property which is known as the Trust property. The Trust is bound by a fiduciary duty to exercise that legal title for the benefit of Beneficiaries. The trust shall be governed by the terms of written trust agreement.
There are generally two types of trust in India:
Private trusts – Private trusts are regulated by the Indian Trusts Act, 1882
Public trusts - Public trusts are classified as Charitable and religious trusts.
The relevant legislations for the recognition and enforceability of public trusts are:
Society: A Society is association of persons coming together by their mutual consent to determine, deliberate and act jointly for a common purpose, societies are usually registered for promotion of charitable activities like education, art, religion, music, sports, culture, etc
For Registration of Section 8 Company:
Documents required for Agile Pro:
The list of documents vary as per terms of requirement of Government of Funding Agency, however the general list of documents is enlisted below:
For Registration of Trust:
At the time of registration, the settlor and witnesses must be personally present with their identity proof in original. To know more in detail about Trust Registration, click here.
For Registration of Society:
The promoters must decide on the following before Formation of Company:
Application For Digital Signature Certificate: -
Application For Incorporation Of Company: -
An Application For Incorporation Of Section 8 Company Is Required To Be Made In Spice+ Part B (form Inc-32) Linked With Agile Pro- S (form Inc-35) And Form Inc-9 (declaration Form From First Director And Subscribers) Along With The Above Listed Documents As Attachments To These Form.
Before Registration Of Trust Following Aspects Have To Be Decided In Relation To Trust:-
Creation Of Trust Deed:
- A Trust Deed Generally Incorporates The Following:-
Execution Of Trust Deed: The Trust Deed Must Be Executed On Stamp Paper Of Appropriate Value, Depending On The Stamp Duty Applicable In State Of Execution. The Deed Should Be Signed By Settlor, Trustees And Witnessed By Atleast Two Witnesses;
Registration Of Trust Deed:
The Above Listed Documents Are Required To Be Submitted In A Sub-registrar Office Paying Registration Charges.
Selection of Name:The Name shall not:
Preparation of Memorandum of Association & Bye Laws:
Details contained in Memorandum of Association:
Details contained in Bye-Laws:
The above listed documents are required to be submitted to the Registrar of Societies along with the requisite fees in two copies.
Section 8 Company:
NGO’s play a significant role in development of community, state as well as nation. The role of NGO’s has gained a wider prominence; their object is benefiting the society at large. Compliance Calendar LLP consists of team of well experienced NGO Professionals who will help you in Formation and Registration of NGO. It is important to choose the right type of NGO, as there exists a separate law for registering different kinds of Organisation. Our Team will help you to choose the suitable option for registration of NGO depending upon the objective, purpose and need of forming an NGO. We will not only help you in Formation and Registration of NGO but also to run, manage and achieve targeted goals by providing services such as Project Implementation, Fund Raising, Complying with Statutory requirements, Work Recognition, etc. If you need consultation in running your NGO, you are welcome to connect with us at firstname.lastname@example.org | 9988424211.
Identification of the beneficiaries of the Trust is a simple way to differentiate between a public and a private trust.
Section 20 of Societies Registration Act, 1860:
Societies can be formed for following purposes:
Post Formation Compliances:
Filing of E-Form relating to Commencement of Business (Form INC-20A)
E-Form INC-20A must be filed within 180 days of incorporation;
A Company shall issue Share Certificates to the subscribers of Memorandum within 2 months from the date of Incorporation. The share certificate issued to the subscribers is the documentary evidence that the shares are held by them.
Appointment of First Auditor (Form ADT-1)
Company needs to appoint the First Auditor within 30 days of the incorporation at its first Board Meeting and the same is required to be intimated to the Registrar through E- form ADT-1.
Return of Deposits and Amounts not considered as deposits (i.e. exempted deposits) [Form- DPT-3]
On or before 30th June every year if the Company has accepted Deposits or has accepted amounts which are not treated as deposits
Half Yearly Return to be filed with ROC in respect of the details of the amount of payment due to Micro and Small Enterprise Suppliers for more than 45 days and which is outstanding at the end of 6 months (Form MSME-1)
To be filed with MCA on half yearly basis i.e. on or before 30th April and on or before 31st October
DIR-3 KYC of Directors
On or before 30th September every year
Appointment of Subsequent Auditor (Form ADT-1)
Every company shall, at the first annual general meeting, appoint an individual or a firm as an auditor who shall hold office from the conclusion of that meeting till the conclusion of its sixth annual general meeting i.e. for the period of 5 years.
ADT-1 form is required to be file within 15 days from the date of AGM
Form MGT-14 Filing of Board Resolution for approval of Financial Statement and Board’s Report
Within 30 days of Board Meeting
Financial Statements to be filed with ROC (Form AOC-4)
To be filed within 30 days of Annual General Meeting
Annual Return (Form MGT-7)
To be filed within 60 days of Annual General Meeting
An NGO can acquire 12A certificate from the Income Tax Department. Thus, an NGO acquiring such a certificate is exempted to pay income tax for the entire lifetime on its surplus income. Also, an NGO must obtain 80G certificate. This certificate allows donors, that is persons or organizations making donations to an 80G certified NGO, to avail deduction. Thus, such a deduction is given to the donors under section 80G of the Income Tax Act.