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NGO Registration Package Includes
Name Approval of
Proposed Company
E-PAN &
E-TAN
DIN and DSC of 2
Proposed Directors.
Bank Account opening Kit
Certificate of
Incorporation ( COI)
Relationship Manager
MOA &
AOA
EPFO & ESIC Registration
License to act as an NGO (Section 8)
Government Challan
& Fees
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Process of Registering NGO
Filing for Name Approval
After the submission of documents to the Legalite, we apply 2 names to Ministry of Corporate Affairs vide www.mca.gov.in on behalf of our clients along with the requisite fees. Name Approval Generally takes 24-48 Hours Excluding Holidays.
Application of DIN and DSC
The application of Director Identification number and Digital Signature is made as soon as the name is approved by MCA. The above application and completion generally takes 24-48 hours.
Drafting of MOA & AOA
The MOA and AOA is drafted through the expert (CA/CS) as per the requirement of the Client, since the MOA contains the Object of the Company / Purpose for which the company is registered, Client’s involvement is required for accomplishment of the same. After the Drafting the application is finally made to the Department along with the attached DSCs of Subscribers/Directors and Professional (CA/CS/CMA)
Issuance of COI, E-Pan, E-Tan, ESIC and EPFO Registration
If the Department is satisfied with the Documents submitted and is of view that the Information given are in order and Documents are in order, it issues the Certificate of Incorporation Followed by E-Pan, E-Tan, ESIC and EPFO Registration.
Documents Required for NGO Registration
For Directors / Shareholders
- Passport Size Coloured photograph.
- Aadhaar Card and Pan Card (Self Attested).
- Email Id and Mobile number.
- Telephone / Gas Bill/Electricity bill/ Bank Statement (Not exceeding 60 Days).
- Passport/ Voter ID, Driving License.
For Registered office Proof.
- Proof of Premise: Electricity Bill/Telephone Bill/water Bill.
- No objection Certificate (NOC) From Owner of Premise.
General Queries
Two names in order of Priority can be applied at once on www.mca.gov.in website. Although all the rules pertaining to Rule 8 – Companies (Incorporation) Rules, 2014. The Uniqueness of name is also an important factor to be kept in mind while applying name of company. The Name Approval normally takes 24-48 hours from the time of application excluding holidays.
Before deciding the name the factors such as uniqueness and Rule 8 – Companies (Incorporation) Rules, 2014 must be borne in mind, in order to check the name on www.mca.gov.in following steps are to be followed:
- Visit on www.mca.gov.in
- Click on MCA Services
- Click on Company Services and Check Company Name
No, there is no need of submitting any Physical copy of Documents as the process is entirely online. No physical Involvement is required at any point of time.
There is no such specific restriction as far as the Companies Act, 2013 is concerned rest Terms and Conditions or Job offer letter may be referred for any such restriction from your Employer. Many Companies Put restrictions pertaining to carrying on company while working in the company.
Yes, your Brother, Father, Mother or any relative may act as the second Director/ Shareholder.
No, Applicability of all above is entirely based on the threshold limit set by the Government in that regard. Relevant act may be referred for specific provisioning.
Yes, the address of Company may be changed after the registration following the secretarial compliance post registration.
Yes, you are supposed to deposit the sum equivalent to the shares subscribed during incorporation in the company’s Bank account opened after the Registration.
Yes, the appointment of auditor who is Practising chartered Accountant in Practice is required to be done within 30 Days from the date of Incorporation and form ADT-1 is required to be filed within 15 days from the expiry of 30 days.
PACKAGES
Comparison – Section 8 Company, Society and Trust
| Particulars | Trust | Society | Section 8 Company |
|---|---|---|---|
| Meaning | It is an agreement between parties, whereby one party holds the ownership of property for the benefit of another party. | It is a collection of persons, who come together for initiating any literary, scientific or charitable purpose. | It is an enterprise formed with a commercial, social, charitable or any other such objective and intends to apply its profits for promoting such objectives. |
| Governing law | The Indian Trusts Act, 1882 for Private Trusts and general law for Public Trusts except states like Gujarat, Maharashtra where they have separate public trust acts | The Societies Registration Act, 1860. | The Companies Act, 2013. |
| Registering authority | Deputy Registrar of the relevant area. | Registrar or Deputy Registrar of Societies of the State. | Registrar of Companies (ROC) or Regional Director. |
| No. of minimum members required at the time of registration | Minimum 2 trustees. | Minimum 7 members. | Minimum 2 directors and shareholders. Same person can be director and shareholder. |
| Geographical area of operation | Whole of India. | State wise, but can operate in whole of India after taking All India Registration and becoming National Level Society. | Whole of India. |
| Main documents supporting the formation | Trust deed. | Memorandum of Association and Rules & Regulations. | Memorandum of Association and Articles of association. |
| Legal title of property | Vests in the hands of trustees. | Held in the name of the society. | Held in the name of the company. |
| Cost factor | Low. | Medium. | High. |
| Preference in case of Grant of subsidy by the Government | Not much preferred. | Not much preferred. | Mostly preferred. |
| Registration under the Income Tax Act, 1961 | Yes, allowed. | Yes, allowed. | Yes, allowed. |
| Preference in case of Foreign Contribution Regulation Act (FCRA) registration | Not much preferred. | Not much preferred. | Mostly preferred. |
| Transparency in working details | Not much. | Not much. | High, because of online availability. |
| Annual compliance requirement | There are some annual compliance requirement depending on whether the trust is Private trust or Public Trust. | Annual filing of list of names, addresses and occupations of members of the Managing Committee of the society, with the Registrar of Societies. | Annual compliance of filing of accounts and filing of annual return of Section 8 company, with the Registrar of Companies (ROC). |