Establishing a Non-Governmental Organization (NGO) in Delhi is a commendable endeavor aimed at addressing various social, environmental, and cultural issues. However, the process of registering an NGO involves navigating through legal frameworks, understanding different organizational structures, and ensuring compliance with regulatory requirements. This comprehensive guide delves into the intricacies of NGO registration in Delhi and highlights the professional services offered by BMPS & CO.LLP to facilitate this process.
Understanding NGOs and Their Importance
Non-Governmental Organizations (NGOs) are entities independent of governmental control, established to pursue social, charitable, educational, or cultural objectives without the intent of profit. They play a pivotal role in societal development by addressing issues that may not be sufficiently covered by government initiatives, such as poverty alleviation, education, healthcare, and environmental conservation.
Legal Frameworks for NGO Registration in Delhi
In India, NGOs can be registered under three primary legal frameworks:
- Trusts: Governed by the Indian Trusts Act, 1882, trusts are established for charitable or religious purposes. A minimum of two trustees is required to form a trust, and there is no upper limit on the number of trustees. The registration process involves drafting a trust deed and registering it with the local registrar.
- Societies: Regulated by the Societies Registration Act, 1860, societies are formed for the promotion of literature, science, or charitable purposes. A minimum of seven members is required to register a society, and they must adopt a Memorandum of Association (MOA) outlining the society’s objectives and rules.
- Section 8 Companies: Under the Companies Act, 2013, Section 8 companies are established for promoting commerce, art, science, sports, education, research, social welfare, religion, charity, or environmental protection. These companies operate without the intent of profit distribution and require at least two directors for incorporation.
Benefits of Registering an NGO
Registering an NGO offers several advantages:
- Legal Recognition: Provides a formal structure and recognition, enhancing credibility.
- Tax Benefits: Registered NGOs can avail tax exemptions under sections 12A and 80G of the Income Tax Act, benefiting both the organization and its donors.
- Access to Funding: Eligibility to receive grants and donations from government bodies, international organizations, and private donors.
- Perpetual Succession: Ensures the organization’s continuity irrespective of changes in membership or leadership.
Steps Involved in NGO Registration in Delhi
The registration process varies based on the chosen legal structure:
1. Trust Registration
- Name Selection: Choose a unique name that complies with the Emblems and Names Act, 1950.
- Drafting the Trust Deed: Outline the objectives, details of trustees, and operational framework.
- Documentation: Collect identity and address proofs of trustees, along with proof of the registered office address.
- Registration: Submit the trust deed and requisite documents to the local registrar.
2. Society Registration
- NameApproval: Ensure the proposed name is unique and not restricted under the Emblems and Names Act, 1950.
- Preparation of MOA and Rules & Regulations: Define the society’s objectives, membership criteria, and governance structure.
- Documentation: Obtain identity and address proofs of all founding members and proof of the registered office address.
- Filing with Registrar: Submit the MOA, rules, and other necessary documents to the Registrar of Societies.
3. Section 8 Company Registration
- Name Reservation: Apply for name approval through the Ministry of Corporate Affairs (MCA) portal.
- Drafting MOA and Articles of Association (AOA): Specify the company’s objectives and internal governance policies.
- Filing Incorporation Forms: Submit forms INC-12 (application for license), INC-13 (MOA), and INC-31 (AOA) to the MCA.
- License and Incorporation Certificate: Upon approval, receive the license under Section 8 and the Certificate of Incorporation.
Role of BMPS & CO.LLP in NGO Registration
- BMPS & CO.LLP is a distinguished firm offering professional, cost-effective, and value-added corporate law services. With a team of Chartered Accountants, Certified Public Accountants, lawyers, and consultants, the firm specializes in providing comprehensive solutions tailored to the unique needs of each client.
- BMPS & CO.LLP is a distinguished firm offering professional, cost-effective, and value-added corporate law services. With a team of Chartered Accountants, Certified Public Accountants, lawyers, and consultants, the firm specializes in providing comprehensive solutions tailored to the unique needs of each client.
Services Offered by BMPS & CO.LLP
- Consultation and Advisory: Providing expert guidance on selecting the appropriate legal structure for your NGO based on its objectives and operational scope.
- Documentation Assistance: Assisting in the preparation and verification of all necessary documents, including trust deeds, MOA, AOA, and other legal papers.
- Compliance Management: Ensuring adherence to all legal and regulatory requirements during and after the registration process.
- Taxation and Financial Advisory: Offering insights into tax exemptions, financial management, and statutory compliances post-registration.
- Capacity Building: Providing training and resources to help NGOs establish robust governance and operational frameworks.
Why Choose BMPS & CO.LLP?
- Professionalism: The firm upholds high standards of professionalism, ensuring clients receive accurate and timely services.
- Customized Solutions: Recognizing that each NGO has unique needs, BMPS & CO.LLP offers tailored services to meet specific requirements.
- Experience Across Sectors: With experience in diverse industries, including manufacturing, services, technology, infrastructure, and retail, the firm brings a wealth of knowledge to the table.
- Start-Up Support:
