Registering a Non-Governmental Organization (NGO) in Uttar Pradesh (UP) is a systematic process that involves various legal and administrative steps. This guide aims to provide a detailed overview of the procedure, ensuring that aspiring social entrepreneurs and activists can establish their organizations effectively and legally.
Understanding the Types of NGOs in India
Before diving into the Ngo registrationprocess, it’s essential to understand the different types of NGOs that can be registered in India:
Trust: Governed by the Indian Trusts Act, 1882, a Trust is typically formed for charitable purposes, such as education, medical relief, and the advancement of any other object of general public utility.
Society: Governed by the Societies Registration Act, 1860, a Society is formed by a group of individuals united for a common purpose, such as cultural, educational, scientific, or charitable activities.
Section 8 Company: Governed by the Companies Act, 2013, a Section 8 Company is formed for promoting commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment, or any such other objective.
Step-by-Step Process to Register an NGO in Uttar Pradesh
1. Decide on the Type of NGO
Determine whether you want to register your NGO as a Trust, Society, or Section 8 Company. This decision will influence the legal requirements and documentation needed.
2. Name Approval
Choose a unique name for your NGO that reflects its objectives and ensures it is not similar to any existing entity. The name should not violate the Emblems and Names (Prevention of Improper Use) Act, 1950.
3. Prepare the Documents
The documentation varies slightly depending on the type of NGO. Here’s a general list:
For Trust:
Trust Deed (main document)
Affidavit from the settlor and trustees
Self-attested copies of identity and address proofs of the settlor and trustees
Proof of the registered office address
For Society:
Memorandum of Association (MoA)
Rules and Regulations of the Society
List of Governing Body members
Self-attested copies of identity and address proofs of all members
Proof of the registered office address
For Section 8 Company:
Digital Signature Certificate (DSC) for directors
Director Identification Number (DIN) for directors
Memorandum of Association (MoA)
Articles of Association (AoA)
Declaration by professionals (e.g., Chartered Accountant)
Self-attested copies of identity and address proofs of directors
Proof of the registered office address
4. Drafting Legal Documents
Trust Deed (for Trusts): The Trust Deed must be prepared on non-judicial stamp paper, detailing the name of the Trust, names of trustees, registered office address, objectives of the Trust, and procedures for adding/removing trustees.
MoA and Rules and Regulations (for Societies): The MoA outlines the society’s objectives, while the Rules and Regulations specify how the society will be governed.
MoA and AoA (for Section 8 Companies): The MoA defines the company’s objectives, and the AoA contains the rules for the internal management of the company.
5. Registration Process
For Trusts:
Submit the Trust Deed along with other necessary documents to the local sub-registrar.
Pay the required registration fee.
The sub-registrar will review the documents, and if everything is in order, they will register the Trust and issue a Certificate of Registration.
For Societies:
Submit the MoA, Rules and Regulations, and other required documents to the Registrar of Societies.
Pay the necessary registration fee.
The Registrar will verify the documents, and upon approval, will issue a Certificate of Registration.
For Section 8 Companies:
Apply for name approval through the RUN (Reserve Unique Name) service on the Ministry of Corporate Affairs (MCA) website.
Once the name is approved, file the incorporation forms (INC-12) along with the MoA, AoA, and other documents.
Obtain a License under Section 8 from the MCA.
After receiving the license, file the SPICe+ form for incorporation.
Upon approval, the Registrar of Companies (RoC) will issue a Certificate of Incorporation.
6. Post-Registration Compliance
After registration, ensure compliance with various legal and regulatory requirements:
PAN and TAN: Obtain a Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) for your NGO.
Bank Account: Open a bank account in the name of the NGO.
80G and 12A Registration: Apply for these registrations to avail tax exemptions for the NGO and its donors.
FCRA Registration: If you intend to receive foreign funds, apply for registration under the Foreign Contribution (Regulation) Act, 2010.
7. Maintaining Records and Filing Returns
Keep meticulous records of all financial transactions, meetings, and activities. Regularly file income tax returns and other required documents with the appropriate authorities.
Conclusion
Registering an NGO in Uttar Pradesh involves a series of legal steps and meticulous documentation. By following the guidelines outlined above, you can ensure a smooth registration process and lay a strong foundation for your NGO. Once registered, focus on fulfilling your organization’s objectives and contributing positively to society.
How to Register an NGO in Uttar Pradesh: A Comprehensive Guide