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Society Registration: Best option for seven or more individuals intending to register an NGO to promote fields of arts, commerce, science, researh, education, sports, charity, social welfare, religion, environmental protection. Start Society today & get...ByLaws, Rules & Regulations, PAN, TAN, GST, Bank A/c Support & GST Software along with your Certificate.
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The main objective of the society is not for profit. It's objectives are to promote fields of arts, commerce, science, researh, education, sports, charity, social welfare, religion, environmental protection etc.,. Society may be formed, by way of a memorandum of association, by any seven or more people associated for any literary, scientific or charitable purpose. The memorandum of association has to be filed with the Registrar of Societies. The memorandum has to contain the name of the society, its objects, and the names, addresses and occupations of the members of the governing body, by whatever name it may be called, duly signed for consent by all the members forming the society. A copy of the rules and regulations of the society also has to be filed along with the memorandum of association. One should check Prevention of Names and Emblems Act before selecting a Society Name. Society Registration is regulated by the District Society Registar.
Who shall register a Society: Any seven or more individuals intending to register an NGO to promote fields of arts, commerce, science, researh, education, sports, charity, social welfare, religion, environmental protection.
The main objective of the Trust is not for profit. It's objectives are to promote fields of arts, commerce, science, researh, education, sports, charity, social welfare, religion, environmental protection etc.,. Trust may be formed, by way of a Trust Deed, by any two or more people associated for any literary, scientific or charitable purpose. The Trust Deed has to be filed with the Office of Jurisdictional Sub-Registrar. One should check Prevention of Names and Emblems Act before selecting a Trust Name. Trust Registration is regulated by the Jurisdictional Sub-Registrar.
The Section-8 Company is one of the types of companies in India, the main objective of this company is not for profit. It's objectives are to promote fields of arts, commerce, science, researh, education, sports, charity, social welfare, religion, environmental protection etc.,. How do Section-8 companies provide these services without revenue? Yes they provide these serices by collecting donations from public, corporates. These companies will get grants from governments. The nature of Section-8 companies are similar to Trust or Society but will have lot of credibility as it is registered under central government and a statutory auditor gives the audit report at the end of the accounting period. It can appeal the public for a great cause and get the donations easily. The donors can verify the financial reports through www.mca.gov.in, the Ministry of Corporate Affairs, government of India web portal. Section-8 Company can be registered as both Private or Public.
The Government of India had announced on 26th January, 2018 that there is zero incorporation fee for the Companies registered with an Authorized Share Capital up to of Rs. 1,000,000/- (Rupees Ten Lakh), subsequently, it had been increased to Rs. 15 lakh. The Stamp Duty on MOA and AOA is not required to pay in most of the sates in India. The remaining fee such as Name Availability, Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) is applicable as usual.
In India, there are mainly the three types of non-profit organizations i.e. Section 8 Companies (earlier Section 25): Societies registered under section 20 of the Societies Registration Act 1860. Trusts formed under Indian Trusts Act 1882. The following are the main differences between Section-8 Company, Trust and Society.
| Particulars | Section-8 Company | Trust | Society |
|---|---|---|---|
| Governing Law | Companies Act, 2013 | Indian Trusts Act, 1982 | Societies Registration Act, 1860 |
| Rigistering Authority | Registrar of Companies | Sub-Registrar | Society Registrar |
| Minimum Members | 2 Directors cum 2 Shareholders | Tow members | 7 Members |
| Cost of Formation | High | Medium | Low |
| Compliance | High | Low | Medium |
| Grants and Subsidies | High | Medium | Medium |
| FCRA Preference | Highly preferred | Low preferred | Low preferred |
| Section 80G & 12 A | Allowed to be registered | Allowed to be registered | Allowed to be registered |
| Stamp Duty | In most of the Indian states, it is not required | To be paid | Not required |
| Transperency | High | Less | Less |
Society can raise donations from public easily. This type of NGOs can get grants from Government easily. The doners will get benefited under section 80G of the Income Tax while filing their Income Tax Return and the company can claim Income Tax benefits under section 12A of the Income Tax Act, 1961 if it gets licenses under Section 80G and 12A.
The cost of formation of Society is much ceaper than that of Section-8 Company or a Trust. No stamp duty is payable at the time of incorporation of Society. Digital Signatures are not required. The Annual Compliance Cost is also lower than Section-8 Company. Only Minutes of the members of the Society is required to be filed with the Society Registrar on annual basis.
The Society can get license under Foreign Contribution Regulation Act, 2010 easily and get contributions, donations and grants from aborad easily. Getting license under Foreign Contribution Regulation Act is easier to the Society.
To register a Society, there should be a minimum of seven individuals who should be a majors. One of the members should be a locally resided person. You can find below the Documents required and Step by Step Society Registration Process.
We will draft ByLaws, Rules and Regulations and other documents of the Society.
We will upload the Application forms, Bylaws, Rules and Regulations of the Society online and pay the requisite fee.
After scrutiny, the Registrar will approve the form and issues you the Certificate of Incorporation online.
Congratulations!! on registering your new NGO. Most of the NGOs do not know what next once the Society is registered. You can find below the other mandatory registratons and statutory compliance requirements of a Society.
GST registration is Mandatory if you are a Taxable dealer in sale of Goods or supply of Services. If the company is registered under Section 12AA of the Income Tax Act, 1961 and the services provided by the Company are for charitable cause, then GST is exempted.
Section 80G of the Income Tax Act allows donations made to specified relief funds and charitable institutions as a deduction from gross total income. Section 12A specifies the exemption from paying income tax on surplus income of a specified relief fund or charitable institution.
A charitable institution can apply for exemption under section 12A of the Income Tax Act in Form 10A and also for permission under Section 80G. It is beneficial for both donors and charitable institution if they have both permissions from Income Tax department because the doner can claim deduction from his gross total income and the charitable institution can claim exemption from paying income tax on surplus income.
If your Society wishes to receive contributions, donations from abroad, you need to get license under Foreign Contribution Regulation Act, 2010 (FCRA).
If you want to protect your Society, brand, literary work, invention, you need to apply for Trade Mark, Copyright, Patent respectively with the department of Intellectural Properties of India.
NITI AYOG Registration is required for NGO if it wants to get Government Grants.
Import Export Code (IEC) is required to be taken if your Society wishes to import or export goods or services.
Every Society has to hold a meeting of it's members called Annual General Meeting on or before 6 month after closure of it's financial year.
Every Society has to file it's Minutes of AGM with the Registar with in 30 days of it's Annual General Meerting.
Every Society has to file it's Income Tax Return in form ITR-5 on or before 31st July of each year. Incase of Tax Audit, the date will be 30th September of each year.
Every Society which is subject to file TDS returns has to file it with in Due date to avoid penalty.
Any Society which subject to file GST returns on QRMS basis has to file with in due date to avoid penalties.
Society may be formed, by way of a memorandum of association, by any seven or more people associated for any literary, scientific or charitable purpose. The memorandum of association has to be filed with the Registrar of Societies. The memorandum has to contain the name of the society, its objects, and the names, addresses and occupations of the members of the governing body, by whatever name it may be called, duly signed for consent by all the members forming the society. A copy of the rules and regulations of the society also has to be filed along with the memorandum of association.
Trust may be formed, by way of a Turst Deed, by any two or more people associated for any literary, scientific or charitable purpose. The Trust Deed has to be filed with the jurisdictional Sub-Registrar office.
Section 8 company may be formed with the Ministry of Corporate Affairs, Government of India, by way of a Memorandum and Articles of Association, by any two or more people associated for any literary, scientific or charitable purpose.
Not required.
No renewal is required.
3 to 4 business days.
The toal governement fee including incidental expenses will be Rs. 2,000/-.
Yes, you can start a Society from your home address too.
Yes, but it is suggested to approach a consultant like us as ByLaws need to drafted legally.
There is no such minimum amount of capital requirement.
Seven.
Any seven or more Individuals.
There are special requirements to be complied with under the Foreign Contribution and Regulation Act, 2010 before a Society can receive any contributions or donations from overseas/outside India from non-residents. The provisions of the said Act are in addition to the provisions under the Society Registration Act.
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