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Wed, Mar 05 2025
Krishna Nand
Starting NGO trust registration in NOIDA is a strong way to create social change. However, the legal process can be tricky. You need to understand the Indian Trust Act of 1882. Additionally, you must obtain certifications such as 12A, 80G, and FCRA.
This guide makes trust formation in India easier. It helps you follow local and national rules.
To start a public charitable trust or register a society, follow these steps. This will help you create a strong foundation for your NGO.
Under the Trust Act, a registered trust gets legal recognition. This allows it to hold assets, receive grants, and operate openly.
For NGOs, registering allows them to get tax benefits under the Income Tax Act. It also makes them eligible for government schemes through a Darpan ID. Unlike a Section 8 company (which focuses on profit redistribution), a trust is ideal for long-term charitable goals.
Key advantages include:
• Credibility: A certificate of registration builds donor trust.
• Funding Access: Qualify for CSR funds, foreign contributions (via FCRA), and grants.
• Legal Protection: The law shields trustees from personal liability.
India recognizes two primary structures under the Indian Trust Act 1882:
1. Public Charitable Trust:
• Created for societal welfare (education, healthcare, etc.).
• Governed by state laws like the UP Public Trust Act.
• Requires a trust deed and registration with the registrar of societies.
2. Private Trust:
• Benefits specific individuals or families.
• Offers limited tax benefits compared to public trusts.
Most NGOs opt for public trust registration because of broader funding opportunities.
1. Draft a Trust Deed
The trust deed is your NGO’s legal backbone. Key components include: • Name & Objectives: Align with charitable goals under the Societies Registration Act.
• Trustee Details: Minimum two trustees with valid address proof (Aadhaar, voter ID).
• Rules & Procedures: For trustee appointments, asset management, and dissolution.
Execute the deed on non-judicial stamp paper (value varies by state).
2. Submit Documents to the Registrar
Visit the Sub-Registrar Office in Gautam Budh Nagar (NOIDA) with:
• Original and copied trust deed.
• ID/address proofs of trustees and witnesses.
• Payment receipt for stamp duty and registration fees.
3. Obtain a Certificate of Registration
Post-verification, the registrar of societies issues this certificate, formalizing your NGO’s existence.
4. Apply for PAN & Open a Bank Account
A dedicated bank account in the trust’s name is mandatory for transactions and grants.
1. 12A Registration (Income Tax Act)
• Goal: Make NGO income tax-free.
• Process: File Form 10A online with the trust deed, PAN, and activity report.
2. 80G Certification
• Purpose: Donors claim 50% tax deductions on contributions.
• Process: Submit Form 10G alongside 12A approval and audit reports.
3. CSR-1 Registration
• Purpose: Receive Corporate Social Responsibility funds.
• Process: Register on the MCA portal with 12A/80G certificates and project details.
4. FCRA Registration
• Purpose: Legally accept foreign donations.
• Process: File Form FC-3 with a digital signature, activity reports, and bank details.
5. Darpan ID
• Purpose: Apply for government grants.
• Process: Register on the NGO Darpan portal using PAN and trust deed.
• Trust agreement on stamped paper.
• ID/address of trustees.
• Memorandum of Association (MOA) (for societies).
• No-objection certificate (NOC) from the property owner.
• Auditor’s report for 12A/80G applications.
• Annual Filings: Submit audited financial statements to retain tax benefits.
• Renewals: FCRA and 80G certifications expire every 5 years.
• Transparency: Maintain digital records of donations and expenditures.
Avoid common pitfalls like misclassifying the trust type or skipping Darpan ID registration.
Conclusion
Mastering trust registration in NOIDA opens doors to funding, credibility, and impact. By securing certifications like 12A and FCRA, you ensure compliance while maximizing tax benefits and donor trust. You can choose a public charitable trust or register a society. Keeping careful records and following the Indian Trust Act of 1882 is important.
Prepared to begin? Begin your trust formation in India journey today and join NOIDA’s thriving community of changemakers! Let PSR Compliance be your trusted assistance partner in this process.
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