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Information Required for NGO Registration

Information Required for NGO Registration in Delhi - PayMy Tax

Non-Governmental Organizations (NGOs) play a crucial role in promoting social welfare and charitable activities. If you plan to set up an NGO in Delhi, understanding the information required for NGO registration in Delhi is the first step. From necessary documentation to legal requirements, this guide provides everything you need to know. At PayMy Tax, we help simplify the process, ensuring that your NGO is registered seamlessly and in compliance with all legal standards.

Overview of NGO Types in Delhi

Before diving into the information required for NGO registration in Delhi, it’s important to understand the three main types of NGOs that you can register in Delhi, as each type has specific documentation requirements.

  1. Trust

    • Trusts are charitable entities that work for social, religious, or educational purposes.
    • Governed by the Indian Trusts Act, 1882.
    • Trustees act as legal custodians of the property held in the trust.
  2. Society

    • Societies are formed for literary, scientific, or charitable purposes.
    • Governed by the Societies Registration Act, 1860.
    • Requires a minimum of seven members for registration.
  3. Section 8 Company

    • Section 8 companies aim to promote commerce, art, science, or social welfare.
    • Governed by the Companies Act, 2013.
    • More credibility and professional standards compared to trusts and societies.

Each of these NGO types requires different sets of documents and legal formalities. Let’s break down the information required for NGO registration in Delhi for each type.

Information Required for Trust Registration in Delhi

  1. Trust Deed

    • The trust deed is the most important document, which includes the objectives and rules of the trust.
    • It must contain the name of the trust, the names of trustees, their roles, and the purpose of the trust.
    • PayMy Tax can assist in drafting this deed to ensure it complies with legal requirements.
  2. ID Proof of Trustees

    • Each trustee must provide valid identity proof, such as an Aadhaar card, PAN card, or passport.
    • This is necessary for verifying the identity of the individuals managing the trust.
  3. Address Proof

    • Address proof of the trust’s registered office is mandatory.
    • Documents such as electricity bills, rent agreements, or property tax receipts are usually accepted.
  4. Photographs of Trustees

    • Passport-size photographs of all trustees must be submitted.
    • These images are required to establish the visual identity of trustees.
  5. PAN Card of the Trust

    • After the trust is registered, a PAN card for the trust must be applied for.
    • This is crucial for managing financial transactions and tax returns.

Information Required for Society Registration in Delhi

The information required for NGO registration in Delhi for a society is more comprehensive than that for a trust. Here are the key documents:

  1. Name of the Society

    • The society’s name must be unique and should not resemble any other registered society.
    • Conducting a name search in advance can save time during the registration process.
  2. Memorandum of Association (MOA)

    • The MOA outlines the objectives, name, and registered address of the society.
    • It must also include the names, occupations, and addresses of the founding members.
  3. Rules and Regulations

    • A society must have a set of rules and regulations that detail the governing principles.
    • These rules cover everything from the election of the governing body to membership and operational protocols.
  4. Identity Proof of Members

    • Similar to trusts, valid ID proof for all founding members, such as PAN card or Aadhaar card, must be submitted.
  5. Address Proof of the Registered Office

    • Documents like a rent agreement or electricity bill must be provided to confirm the registered office address of the society.
  6. Minutes of the Meeting

    • The minutes of the first meeting where the society was formed must be recorded and submitted.
    • This document acts as proof of the society’s formal establishment.
  7. Affidavit from the President/Secretary

    • An affidavit must be sworn by the President or Secretary, declaring that all the information provided for registration is true and correct.

Information Required for Section 8 Company Registration in Delhi

Section 8 companies have stricter requirements and higher legal standards. Here is the information required for NGO registration in Delhi for a Section 8 company:

  1. Director Identification Number (DIN)

    • Each director must obtain a DIN from the Ministry of Corporate Affairs.
    • This is a unique identification number necessary for managing the company.
  2. Digital Signature Certificate (DSC)

    • Directors need a DSC to sign digital documents during the registration process.
    • PayMy Tax can help you procure DSCs for all directors.
  3. Memorandum of Association (MOA)

    • The MOA of a Section 8 company must clearly state the objectives, registered address, and names of the directors.
    • The MOA must align with the purpose of promoting social welfare.
  4. Articles of Association (AOA)

    • The AOA contains the regulations that govern the internal management of the company.
    • It includes rules regarding meetings, director appointments, and distribution of income.
  5. Declaration of Compliance

    • A declaration by an advocate, chartered accountant, or company secretary must be submitted, confirming that the registration requirements have been fulfilled.
  6. Proof of Address of Directors

    • Similar to trusts and societies, directors must provide their personal address proof (such as passport, voter ID, or driver’s license).
  7. Financial Statements

    • If the company has already commenced some operations, audited financial statements should be submitted.
  8. Income Tax PAN

    • Applying for a PAN card is mandatory for Section 8 companies for tax and legal compliance.

The Registration Process: Step-by-Step

Once you have gathered all the information required for NGO registration in Delhi, the next step is the registration process. Here’s an outline of the steps:

1. Drafting the Documents

  • The first step involves drafting the trust deed, MOA, or AOA based on the type of NGO.
  • At PayMy Tax, we offer expert document drafting services to ensure your application meets all legal criteria.

2. Submitting the Application

  • The application form, along with all required documents, must be submitted to the respective authorities.
  • For societies, the application goes to the Registrar of Societies, while for Section 8 companies, it is submitted to the Ministry of Corporate Affairs.

3. Payment of Fees

  • Government registration fees and stamp duties must be paid during submission.
  • The charges vary depending on the type of NGO you are registering.

4. Verification Process

  • Once submitted, the application and documents go through a verification process.
  • If all documents are in order, you will receive the NGO’s registration certificate.

5. Post-Registration Requirements

  • After receiving the registration certificate, applying for a PAN card and complying with income tax regulations are the next steps.
  • Maintaining annual financial reports and filing them with the appropriate authority is mandatory.

Common Mistakes to Avoid During NGO Registration

Many first-time NGO founders make mistakes during the registration process. Here are a few tips to avoid issues:

  1. Incomplete Documentation

    • Missing documents or incomplete information can delay or even result in the rejection of your application.
    • Ensure all information required for NGO registration in Delhi is complete and accurate.
  2. Choosing the Wrong Type of NGO

    • Understand the difference between a trust, society, and Section 8 company before registering. Choosing the wrong one can lead to governance and legal complications.
  3. Failure to Comply with Annual Filings

    • Once your NGO is registered, it’s vital to maintain compliance with annual filings, tax returns, and audits.

Conclusion

Registering an NGO in Delhi requires a clear understanding of the legal framework and documentation process. Whether you’re looking to form a trust, society, or Section 8 company, having the correct information required for NGO registration in Delhi is crucial for a smooth process. At PayMy Tax, we provide expert guidance to help you navigate the registration process with ease. From drafting documents to submitting applications, our team of professionals ensures that your NGO is legally compliant and registered without hassle.