An NGO or Non-Profit Organisation is an entity that operates for promotion of art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object.
In India, an NGO or Non-Profit Organisation can be registered as a Company under Section 8 of the Companies Act, 2013 (Section 25, Companies Act 1956) or Trust under Indian Trusts Act 1880 or Society registered under Section 20 of the Societies Registration Act 1860.
While, Trusts and Societies are registered under State Government regulations, Section 8 companies are registered under Ministry of Corporate Affairs. However, Section 8 Companies are considered best due to its systematic constitutional framework. The name of the Section 8 Company can be incorporated without using the word “Limited” or “Private Limited” as the case may be.
Benefits of Section 8 Company Registration
- There is no minimum capital requirement for a Section 8 Company Registration in India.
- There are numerous tax benefits under the Section 8 Company Registration in India. Under Section 80G, the exemption is granted to the donators if the section 8 company is registered under section 80G.
- No stamp duty is imposed on the incorporation of Section 8 Company in India.
- Section 8 Company has more credibility than any other form of a charitable organisation amongst donors, Government departments and other stakeholders. It is under the strict provision of the Companies Act which requires a mandatory audit every year.
- Section 8 Company registration has a separate legal entity.
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This information is in summary form and is therefore intended for general guidance only. It is not intended to be a substitute for detailed research or the exercise of professional judgment. Mind Sync does not accept any responsibility for loss occasioned to any person acting or refraining from action as a result of any information provided herein. On any specific matter, reference should be made to the appropriate advisor.