Tuesday, July 4, 2017

How to Register an NGO under Trust Act

How to Register an NGO under Trust Act:
To register an NGO under the Trust Act, the NGO must be registered for Charitable Purposes. The Trust registered for Charitable purposes shall be registered as a Non Governmental Organisation, as an NGO. Sometimes copy-pasted material in the memorandum can create problems, so the registration must be submitted through experienced Consultants.
To register an NGO under the Trust Act the following process and requirements are necessary:
1. The name of NGO is Required
2. Aims and Objectives are required. If there are any specific aim and objectives or if the founders want to focus on some specific issue, then those must be included primarily and highlighted as the main objectives and other general social welfare and social development related projects must also be included. If some common objectives are not included, then there can be some issues if the general issues are not specifically included in the Memorandum that is the Trust Deed.
3. At least a minimum of two members are required. There is no limit on the maximum number of members/Trustees. The Trustees are known as members and members are called Trustee in the Trust Act.
4. There is no need to mention the names of the Executive Body members and their Designation in the Trust Deed.
The Executive Body of the NGO/Trust is to be formed after completion of registration.
In the case of new members being added after registration, the new members shall be members of the General Body and they can or cannot be members or any designation holders in Executive Body of the NGO. It depends upon the decisions of the majority of the members.
5. Photo Identification (ID) Proof with the address is required. It must be issued by any Governmental authority, such as Aadhaar Card, Voter ID, Passport, Driving License etc.
6. Two photographs of each member/trustee are required.
7. The Trust Deed as Memorandum must be prepared.
8. In the Trust Deed, Bye-Laws must be added according to the Trust Act and the related acts.
9. In the Trust Deed, Aims and Objectives must be included. The Objectives are the purpose for which the NGO is to be formed.
10. The presence of one person as a founder and Settlor or Author of the Trust must be present at the time of the submission of Documents for the registration in the concerned Registrar office.
11. Physical Presence of all members other than the Settlor is necessary in some states, but not necessary in Delhi and other a few other states. The signature, thumb impressions and photographs on the spot will be taken by the official and they will be printed and added to the Trust Deed.
12. The legal fees must be deposited for the registration. Fees depend upon the different kind of registrars and the movable or immovable property as mentioned in the Trust Deed/Memorandum.
The fees are to be deposited in cash, Demand Draft or by online submission process. At the time of registration, the demand draft or online submission slip is to be submitted along with other documents for registration.
13. When the documents and Trust Deed is to be submitted, then the photographs and thumbprints are required on the Trust Deed.
14. Two witnesses with Photo ID proofs are required at the time of registration in the registrar office. The signatures, thumbprint and photographs of the witnesses too will be taken in registrar office and photographs will be taken by the official and will be printed on and added on the Trust Deed.
15. After the document submission for registration, an acknowledgement slip is provided to the members or their representative who can collect the Trust Deed Document that is Memorandum.
16. After a certain time, the Trust Deed can be collected from the registrar office where it is submitted. In most of the registrar offices, seven days is the maximum time if there are no other issues in the registration process.

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