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NGO Registration – An Overview
If you are looking to register your NGO under a legal framework and secure funding, you are at the right place.
Non-Governmental Organizations (NGOs) play a crucial role in advocating social causes and supporting underprivileged communities. However, establishing a strong foundation requires legal registration to ensure compliance and credibility.
NGO registration is the first step in making a positive social impact. It enhances trust, promotes transparency, and provides multiple benefits, including tax exemptions. In India, NGOs can be registered under different legal structures, such as Trusts, Societies, or Section 8 Companies.
Concerned about the paperwork and challenges involved in NGO registration? Let Fastzeal’s experts simplify the process and make it hassle-free for you.
What is an NGO?
An NGO is a non-profit organization founded by a group of individuals with a shared goal of philanthropy and social service. NGOs work across various domains, including education, healthcare, community development, environment, arts, and social welfare. All funds generated by an NGO are directed toward achieving its non-commercial objectives.
Types of NGO Registrations in India
NGOs in India can be registered through three legal frameworks:
Trust Registration
The process of establishing a Trust is known as Trust Registration. Trusts are created for charitable purposes such as healthcare, education, and social welfare. The registration process is governed by the Indian Trusts Act, 1882.Society Registration
Societies are formed under the Societies Registration Act, 1860, and focus on charitable, educational, religious, and scientific activities. A Society operates through a governing council.Section 8 Company Registration
Section 8 Companies, governed by the Companies Act, 2013, are non-profit entities that promote commerce, arts, science, education, and social welfare. Unlike other company structures, Section 8 Companies do not operate for profit-making purposes.
NGO Registration Requirements
1. Trust Registration
·
Process:
o
Draft a Trust Deed compliant with the Indian
Trusts Act, 1882
o
Appoint trustees and form a governing body
o
Submit documents to the Registrar of Trusts
o
Apply for tax exemptions under Sections 12A and
80G
·
Documents Required:
o
Address proof (Bank Statement, Electricity/Water
Bill)
o
No Objection Certificate (NOC) from the property
owner
o
Identity proof (Aadhar, PAN, Passport, Voter ID,
Driving License)
o
Passport-size photographs of members
2. Society Registration
·
Process:
o
Prepare a Memorandum of Association (MoA) and
By-laws under the Societies Registration Act, 1860
o
Form a Governing Council
o
Submit documents to the Registrar of Societies
o
Apply for tax exemptions under Sections 12A and
80G
·
Documents Required:
o
Address proof (Bank Statement, Electricity/Water
Bill)
o
NOC from the property owner
o
Identity proof of all nine members (Aadhar, PAN,
Passport, Voter ID, Driving License)
o
Passport-size photographs of members
3. Section 8 Company
Registration
·
Process:
o
Draft Memorandum and Articles of Association
(MoA & AoA) as per the Companies Act, 2013
o
Form a Board of Directors
o
Submit documents to the Registrar of Companies
(ROC)
o
Apply for tax exemptions under Sections 8(1) and
12A
·
Documents Required:
o
Company name approval
o
Address proof (Bank Statement, Electricity/Water
Bill)
o
NOC from the property owner
o
Identity proof of directors (Aadhar, PAN, Voter
ID, Passport, Driving License)
o Passport-size photographs of directors
Laws Applicable to NGO Registration in India
Trusts: Indian Trusts Act, 1882
Society: Societies Registration Act, 1860
Section 8 Company: Companies Act, 2013
Trusts: Indian Trusts Act, 1882
Society: Societies Registration Act, 1860
Section 8 Company: Companies Act, 2013
Benefits of NGO Registration in India
Legal Recognition: Enhances credibility and trust among stakeholders
Tax Benefits: Exemptions under the Income Tax Act for financial sustainability
Fundraising Support: Makes it easier to receive donations and grants
Asset Protection: Enables asset ownership and management
Liability Protection: Shields members from personal liabilities
Banking & Compliance: Allows opening of a bank account for transparency in transactions
Operational Continuity: NGOs continue operations indefinitely, regardless of leadership changes
Legal Recognition: Enhances credibility and trust among stakeholders
Tax Benefits: Exemptions under the Income Tax Act for financial sustainability
Fundraising Support: Makes it easier to receive donations and grants
Asset Protection: Enables asset ownership and management
Liability Protection: Shields members from personal liabilities
Banking & Compliance: Allows opening of a bank account for transparency in transactions
Operational Continuity: NGOs continue operations indefinitely, regardless of leadership changes
Eligibility Criteria for NGO Registration
Age & Nationality:
Founding members must be at least 18 years old (21 in some cases)
Indian citizens must be part of the executive body
Minimum Members:
Trust: At least 2 trustees
Society: Minimum 7 founding members
Section 8 Company: Minimum 2 directors (3 for public companies)
Registered Address: Mandatory for official communication
Non-Profit Motive: NGOs must reinvest earnings into charitable activities
Financial Transparency: Proper accounting and regular audits
NGO Registration Procedure in India
Choose the NGO Type: Trust, Society, or Section 8 Company
Select a Unique Name: Ensure the name is not similar to an existing NGO
Draft the Memorandum & Articles of Association: Define objectives and governance structure
Form a Governing Body: Appoint responsible members
Provide a Registered Address: Needed for legal communications
Compile Documentation: Gather identity and address proofs of members
Submit Application: File registration documents with the appropriate authority
Review & Approval: The registration authority will assess the application
Obtain Registration Certificate: Confirms legal status
Apply for Tax Exemptions: Secure 12A and 80G certifications
Ensure Compliance: Regular financial reporting and audits
NGO Registration Fees in India
Service | Fees (INR) |
---|---|
Digital Signature Certificate | 2,000 |
Government Fees (Stamp Duty) | 1,500 |
Professional Fees | 3,799 |
Total Cost | 7,299 |
NGO Registration Timeline
Trust: Up to 20 working days
Society: Up to 25 working days
Section 8 Company: 10-14 working days
Why Choose Fastzeal for NGO Registration?
200+ Experienced Consultants for seamless registration
1000+ NGOs Successfully Registered across India
Funding Assistance Worth Rs 500 Crore secured for NGOs
99% Client Retention Rate for compliance services
Complete Documentation & Compliance Support
Registration Assistance Across 10,000+ Pin Codes in India
Frequently Asked Questions:
An NGO is the acronym for Non-Governmental Organization. NGOs in India are not-for-profit entities operating independently from the government. They are committed to addressing various issues, such as those related to society, culture, economy, and environment.
An NGO has to follow the due procedure listed by the Government of India, including selecting a name and type and drafting MoAs and AoAs. The entity is required to submit the application with attached documents to the regulatory authority for verification and granting of legal status for NGO registration.
It takes an NGO 10 to 25 working days to register in India, depending on various factors, including the type of NGO. The timeline may get extended if regulatory delay take place.
Depending on the type of NGO, the criteria to register depends on the minimum and maximum number of directors required for each type. Two Trustees are required for Trust, a Minimum of 2 Directors are required for Section 8 Companies, and a Minimum of 7 Founding members are required for societies. There are other requirements as well for NGO registration.
Three different types of NGOs exist in India – Trust, Society and Section 8 Company. These NGOs must proceed with NGO registration to operate legally.
Yes. Since NGOs work for the cause of society on the principle of not-for-profit, they are eligible for tax exemptions once they receive the NGO registration certificate.
NGOs are often excused from the purview of the GST. However, certain activities of the NGOs may or may not attract GST.
NGOs with NGO registration raise funds through various means, including membership fees, sales of goods and services, grants from government and private institutions, corporate collaborations, partnerships, and donors.
Section 12AA is a provision of the Income Tax Act that provides tax exemption for charitable organizations in India. However, NGOs must register with the Income Tax Department to avail of the benefits.
Form 10A is a provision given to NGOs to avail of tax exemption under section 12A. All the registered NGOs must leverage the tax benefits with this form.
NGOs in India that wish to participate in government partnership programs and initiatives must register with NGO Darpan to be eligible for them.
The directors of an NGO must facilitate daily operations, manage accounts & finance, ensure compliance, represent the organization, and drive decision-making in accordance with organisational policies.
While it is not mandatory to register an NGO, it is advisable to do so to avail yourself of various government benefits, including tax exemption and government grants.