NGO Consultancy on Regular and Event-Based Compliance


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NGO Consultancy

Non-Governmental Organisation (NGO) as the term suggests, these organisations operates independent from the Government. It is a legally constituted Organisation created by natural and legal persons primarily registered for charitable or non-profit purposes, their mandate is to promote the public interest and serve the public good. NGOs are engaged in public services based on social, religious, spiritual, cultural, economic, ethical, etc. considerations. NGO’s are formed with defined aimed and objectives and intends to apply its profits, if any or other income in promoting its objects. In India, NGO’s can be registered as follows: -

Ministry Of Culture:-


b 8 Company: A Company incorporated under provisions of b 8 of Companies Act, 2013 with the objective of promoting commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other objects, provided that the profits, if any, or other income are applied only for promoting the objectives of the Company and such Company intends to prohibit payment of any dividend to its members;

Important Points In Connection With b 8 Company:

  • iconA Partnership Firm may be a member of the b 8 Company;
  • iconA b 8 Company cannot alter its Memorandum of Association/ Articles of Association except with the previous approval of Central Government;
  • iconA b 8 Company shall amalgamate only with another b 8 Company having similar objects;
  • iconThe Company is registered without paying any stamp duty on its MOA and AOA.

Trust: A Trust is a relationship in which a person or entity holds a valid legal title to a certain property which is known as the Trust property. The Trust is bound by a fiduciary duty to exercise that legal title for the benefit of Beneficiaries. The trust shall be governed by the terms of written trust agreement.

There are generally two types of trust in India:

Private trusts – Private trusts are regulated by the Indian Trusts Act, 1882

Public trusts - Public trusts are classified as Charitable and religious trusts.

The relevant legislations for the recognition and enforceability of public trusts are:

  • iconThe Charitable and Religious Trust Act, 1920,
  • iconthe Religious Endowments Act, 1863,
  • iconthe Charitable Endowments Act, 1890,
  • iconthe Societies Registration Act, 1860,
  • iconthe Bombay Public Trust Act, 1950,
  • iconTrusts can also be used as a vehicle for investments, such as venture capital funds and mutual funds. Such type of trusts is governed by Securities and Exchange Board of India (SEBI).

Society: A Society is association of persons coming together by their mutual consent to determine, deliberate and act jointly for a common purpose, societies are usually registered for promotion of charitable activities like education, art, religion, music, sports, culture, etc

  • iconGoverning Laws for Registration of NGO’s in India:
  • iconb 8 of Companies Act 2013;
  • iconState Trusts Act and Indian Trust Act, 1882;
  • iconSocieties Registration Act, 1860;

Documents Required for NGO Consultancy

For Registration of Section 8 Company:

  • iconProof of Office Address of the registered office along with NOC (Conveyance / Lease deed/ Rent Agreement etc. along with rent receipts) and Copy of utility bills (not older than 2 months)
  • iconIdentity Proof:- (Voters Identity Card/ Passport/ Driving License.);
  • iconAddress Proof: - (Bank Statement / Electricity Bill/ Telephone bill/ Mobile bill) and PAN Card of First Director and Subscribers not having valid DIN;
  • iconEstimated Future Income and Expenditure of the Company for next three years specifying the sources of Income and Objects of Expenditure;
  • iconA declaration by Practicing Chartered Accountant/ Company Secretary/Cost Accountant/ Advocate in Form INC-14 stating that MOA & AOA have been drawn up in conformity with Section 8 and requirements of Act and Rules relating to registration of section 8 Company has been complied with;
  • iconDeclaration by each of the person making application; Such declaration shall be in Form INC-15.
  • iconMemorandum of Association (MOA) and Articles of Association (AOA).
  • iconDIR-2 (Consent to Act as Director) & Disclosure of Interest in other entities

Documents required for Agile Pro:

The list of documents vary as per terms of requirement of Government of Funding Agency, however the general list of documents is enlisted below:

  • iconIdentity Proof and Address Proof of Authorised Signatory for opening of Bank Account;
  • iconSpecimen Signature for EPFO of Directors
  • iconPassport Size Photographs of First Directors.

Click here to know in detail about Section 8 Company Registration

For Registration of Trust:

  • iconTrust Deed (One Original and one photocopy); (The photocopy of deed should also contain signature of settlor on all pages)
  • iconProof of identity of the settler (Aadhaar card, passport, voter ID, driving license or any such photo ID) [Self attested];
  • iconProof of identity of each trustee (Aadhaar card, passport, voter ID, driving license or any such photo ID) [Self attested];
  • iconPassport size photographs of Settler and Trustees ;
  • iconProof of the registered office address of the Trust (Water bill/ Electricity Bill or registration certificate);
  • iconNon Objection letter signed by the landowner;

At the time of registration, the settlor and witnesses must be personally present with their identity proof in original. To know more in detail about Trust Registration, click here.

For Registration of Society:

  • iconCovering Letter mentioning the objective/ purpose for which the society is being formed signed by all the founding members of the society;
  • iconPAN Card and Residence Proof (Bank Statement/ Aadhaar Card/ Utility Bill/ Driving License/ Passport) of all the members of the proposed society;
  • iconProof of registered office address of the society along with a NOC from the landlord if any has to be attached;
  • iconCertified and duplicate copy of Memorandum of Association & Bye Laws signed by all establishing members;
  • iconList of all the members containing their name, occupation and address of governing body along with their signatures;
  • iconDeclaration by the President of the proposed society that he is willing and competent to hold the said post; and A sworn affidavit from the President or Secretary, declaring the relationship between the subscribers.
  • iconMinutes of the meeting (general body meeting conducted to set the rules and regulations of the society).

Click here to know in detail about Society Registration.

Procedures of NGO Consultancy

For Registration Of Section 8 Company


  • iconIn case Company to be formed as Private Company: Minimum 2 Directors & Members;
  • iconIn case Company to be formed as Public Company: Minimum 3 Directors & 7 Members;
  • iconDigital Signature Certificates (DSC) of First Director and Subscribers;
  • iconUpto Three DIN can be obtained for the First Directors of the proposed Company not having DIN;

The promoters must decide on the following before Formation of Company:

  • iconName of the Proposed Company;
  • iconObjects to be carried by the Company;
  • iconAuthorised Capital and Paid Up capital;
  • iconNumber of subscribers; Number of Directors and Number of shares to be subscribed by each subscriber;
  • iconRegistered Office of the Proposed Company;



Name Reservation:-

  • iconTwo Names In Order Of Preference Can Be Proposed;
  • iconThe Name Proposed Shall Comply With Provisions Of Rule 8 Of Companies (incorporation) Rules, 2014;
  • iconThe Name Of The Proposed Company Shall Include The Words Foundation, Forum, Association, Federation, Chambers, Confederation, Council, Electoral Trust And The Like Etc.;

Application For Digital Signature Certificate: -

  • iconObtain A Digital Signature Certificate (dsc) From The Authorised Dsc Issuing Authority For The First Directors And Subscribers, If Such Persons Do Not Have Dsc;

Application For Incorporation Of Company: -

An Application For Incorporation Of Section 8 Company Is Required To Be Made In Spice+ Part B (form Inc-32) Linked With Agile Pro- S (form Inc-35) And Form Inc-9 (declaration Form From First Director And Subscribers) Along With The Above Listed Documents As Attachments To These Form.

Click Here To Know In Detail About Section 8 Company Registration

For Registration Of Trust:


Before Registration Of Trust Following Aspects Have To Be Decided In Relation To Trust:-

  • iconName
  • iconAddress
  • iconObjects (charitable/ Religious)
  • iconOne Settler
  • iconTwo Trustees
  • iconProperty Whether Movable/ Immovable

Creation Of Trust Deed:

- A Trust Deed Generally Incorporates The Following:-

  • iconThe Name(s) Of The Author(s)/settlor(s), Trustee(s); Beneficiary/ies Or Whether It Shall Be The Public At Large;
  • iconThe Name By Which The Trust Shall Be Known; The Object And Purpose Of The Trust; Principal Or Other Offices Of Trust; The Property That Shall Devolve Upon The Trustee(s) Under The Trust For The Benefit Of The Beneficiary/ies;
  • iconAn Intention To Divest The Trust Property Upon The Trustee(s);
  • iconThe Procedure For Appointment, Removal Or Replacement Of A Trustee, Their Rights, Duties And Powers, Etc, The Rights And Duties Of The Beneficiary/ies;
  • iconThe Mode And Method Of Determination Of The Trust.

Execution Of Trust Deed: The Trust Deed Must Be Executed On Stamp Paper Of Appropriate Value, Depending On The Stamp Duty Applicable In State Of Execution. The Deed Should Be Signed By Settlor, Trustees And Witnessed By Atleast Two Witnesses;

Registration Of Trust Deed:

The Above Listed Documents Are Required To Be Submitted In A Sub-registrar Office Paying Registration Charges.

Click Here To Know More About Trust Registration

For Registration Of Society:


  • iconMinimum 7 or more persons required for formation of society;
  • iconSociety registration is maintained by state governments. Thus, the application for society registration must be created to the specific authority of the state, where the registered office of society is situated.

Selection of Name:

The Name shall not:

  • iconbe similar or identical with the name of existing society registered;
  • iconsuggest any patronage of State Government or Government of India;
  • iconcontravene provisions of Emblem and Names Act, 1950

Preparation of Memorandum of Association & Bye Laws:

Details contained in Memorandum of Association:

  • iconThe work and the objectives of the society for which it is being established;
  • iconThe details of the members forming the society;
  • iconAddress of the registered office of the society;

Details contained in Bye-Laws:

  • iconRules and Regulations for working of the society;
  • iconMaintenance of day to day activities;
  • iconDetails of Meetings of the society, frequency of meetings, manner in which meetings to be held;
  • iconInformation about Auditors;
  • iconForms of Arbitration in case of any dispute between the members of the society;
  • iconWays for dissolution of society.


The above listed documents are required to be submitted to the Registrar of Societies along with the requisite fees in two copies.

Click here to know in detail about Society Registration.

Features and Benefits of NGO Consultancy

Section 8 Company:

  • iconVarious Exemptions under Companies Act, 2013;
  • iconNumerous Tax Exemptions;
  • iconNo Stamp Duty payable for Registration;
  • iconNot required to add suffix “Limited” or “Private Limited” after its name;
  • iconSeparate Legal Entity, Perpetual Succession and Limited Liability;
  • iconNo Minimum Capital Requirement;
  • iconMore Recognition, thus benefits in getting more donations from Public for promotion of its objects, etc.


  • iconSeparate Legal Status;
  • iconEasy Management;
  • iconNumerous Tax Exemption;
  • iconLong- Run Organisation;
  • iconStatutory Rights; and
  • iconOption to amalgamate/ merge with other Public Charitable Trusts having similar objects subject to certain compliances etc.


  • iconRegistration and Formation Process is simple;
  • iconCompliance Cost is low;
  • iconRegulatory Interference is less;
  • iconMinimum Record- Keeping Requirements;
  • iconCompliance with Regulations is easy;
  • iconTax Exemptions due to charitable nature of operations;

Role Of Compliance Ease Llp: -

NGO’s play a significant role in development of community, state as well as nation. The role of NGO’s has gained a wider prominence; their object is benefiting the society at large. Compliance Ease LLP consists of team of well experienced NGO Professionals who will help you in Formation and Registration of NGO. It is important to choose the right type of NGO, as there exists a separate law for registering different kinds of Organisation. Our Team will help you to choose the suitable option for registration of NGO depending upon the objective, purpose and need of forming an NGO. We will not only help you in Formation and Registration of NGO but also to run, manage and achieve targeted goals by providing services such as Project Implementation, Fund Raising, Complying with Statutory requirements, Work Recognition, etc. If you need consultation in running your NGO, you are welcome to connect with us at info@complianceease.in | 9773646999.