lukesh sethiJun, 25 2021 11:50 AM
Non Profit Organisation
Now a days, NGO or NPO (Non-Government Organization or Non-Profit Organization) are very actively working with society for society welfare, poor relief, medical treatment funding or crowd funding.
With ease of technology now NGO are working all over world by having their head office in one place. We have many examples in our front like goonj.org or milaap.org who are in crowd funding and helping many people for getting treatment of various diseases including COVID-19.
In today era, government is also working with many NGO for distribution of basic necessities to poor relief in number of lakhs people in India.
In India, there are basically three ways of formation of NGO as below :
All above three methods are legible methods with different limitations and governed by different laws and regulations.
Trusts are basically two types : 1. Private Trust which is governed by Indian Trust Act, 1882 created for Family, relatives and their authors. It is closed group of people.
2. Public Trust : Which is governed by state specific laws and legislation. It is created for large of public as NGO.
Society is governed by each state society act. Like in Haryana, societies are governed by Haryana Society registration act, 2012.
Societies can be formed for different purpose like
a) Residents Welfare Association
b) Charitable Societies
c) Co-operative Societies
d) Farmer Producer Organisation.
Section 8 Company
Section 8 company are formed under Company Act, 2013. So Section 8 Companies are governed by Ministry of Corporate Affairs. So it is valid & recognised through all over India. Section 8 Company can be formed for various Non Profit Purpose.
Registration Under Section 8 Company:
Pre requisite to Registration Process:-
The first step of getting a company incorporated is obtaining the approval of name by filing SPICE+ PART A to Central Registrar Centre (CRC) (Maximum 2 name can be applied for at a time). Application fee shall be Rs. 1000/- per form for reservation of name. (One re submission is allowed if the given names have been rejected by CRC). Approved name is valid for a period of 20 days from the date of approval.
The following documents must be attached along with INC-12 Form:
After issuance of License in INC-16, following Forms are required to be filed.
The following documents must be attached along with Spice+ Form:
* In Form Spice, e-MOA and e-AOA can’t be used for Section 8 Company. Section 8 companies are mandatorily required to file MOA and AOA as pdf attachments.
* If the ROC is satisfied with the forms submitted, issues a Certificate of Incorporation along with a unique Company Identification Number (CIN).
Documents Requirement for the Registration of Section 8 Company