NGO Registration in Kolkata

Society registration in Kolkata can be registered either on State level NGO, Society registration or on all India level NGO, Society or National Level NGO, Society registration Kolkata. One can register NGO Kolkata, Society as RWA (Resident Welfare Association) Registration, Educational NGO | Society registration in Kolkata, in India under Kolkata NGO, Society registration act 1860. 

Society Registration in Kolkata

A Society can be registered by a min of 7 or more individuals. Also individuals from India, foreigners, companies & other registered societies can subscribe to the Memorandum of a society. Like Partnership Firms, Societies can also be registered or unregistered. However, only registered Societies can hold vested properties and/or have a suit filed by or against the Society.

Society registration is managed by State Governments. So, the request for registering of society essential be made to the concerned authority in the State, in which the registered office of the Society shall be located.

To register a Society, the founding members must first agree on a name for the Society and prepare the Memorandum and Rules and Regulations of the Society.

Society Registration – Name Selection

While selecting a name for the society, it is significant to recollect that as per Societies Act, 1860, alike or identical name of an existing registered society is not permitted. Further the proposed name for the society must also not suggest patronage of the Government of India or any State Government or attract the provisions of Emblem and Names Act, 1950.

Memorandum of a Society
The MOA of the Society & the Rules & Regulations of the Society must then be signed by each of the founding members, witnessed by an Oath Commissioner, Notary Public, Gazetted Officer, Advocate, Chartered Accountant or Magistrate 1st Class with their official stamp and complete address. The following documents must be prepared, signed and submitted for Society Registration:

1. Cover letter demanding registering of the Society, signed by all founding members.
2. MOA of the Society in duplicate along with a certified copy.
3. Rules and Regulations of the Society in duplicate along with a duplicate, duly signed by the founding members.
4. Affidavit sworn by the President or Secretary of the Society stating relationship between the subscribers.
5. Address proof for the registered office of the Society and No-Objection Certificate from the Landlord.

The signed MOA& Rules & Regulations necessity then be filed with the concerned Registrar of Societies in the State with the agreed fee. If the Registrar is satisfied with application for Society Registration, the Registrar would certify to deem the Society to be registered.

Trust Registration in Kolkata

A Trust can be registered by words or act and there is no requirement for a Trust Deed. However, a Trust Deed is desirable and required in some cases. When a private Trust pertains to an immovable property a written and executed trust deed is essential and shall also require to be registered except where the Trust is created by a will. In case of public Trust for immovable property, a written Trust deed is not mandatory but desirable. In relation to Trusts for movable property (public or private), a simple delivery of possession with a direction that the property be held under Trust, is sufficient; it requires no document or registration.

A trust is an agreement between people (called trustees) to manage property over which they have control either to benefit other people (called beneficiaries) or for charitable purposes. A groups of trustees may be incorporated as a board under the Charitable Trusts Act 1957 if the objects are charitable.

Some mutual features of trusts registered under the Charitable Trust Act 1957 are

1. Has a board of at least two trustees;
2. Must have charitable purposes;
3. Has its trustees make the major decisions;
4. Is set up under a trust deed which outlines how it operates;
5. Often has more limited community or member involvement than incorporated societies;
6. Its assets can be used to meet its debts, but if it is incorporated and trustees have acted responsibly, they are unlikely to be personally liable;

Trustees are usually not liable in exact ways if the deed specifically set these out;

1. It can be legally wound up at any time, unless a specific term for its existence has been stipulated in the trust deed (more common in private Trusts);
2. It needs to be registered separately with the IRD to be exempt from payment of tax.

List of documents required to register a charitable trust

1. Original Trust Deed or a certified copy.
2. Application for Incorporation of Trustees as a Board The application must be signed by the majority of trustees.
3. The statutory declaration which states that whether any Trustees hold any property as trustees for other trusts; that at a meeting of the Trust a resolution was passed approving incorporation; and that the person making the Declaration has been approved by the Trustees to make it.
4. You also need to provide the Companies Office with a registered office. Your registered address must be a street address. A postal address may be provided in addition to this

Registration of a Section 8 Company in Kolkata

1. According to Section-8 of Indian Companies Act, 2013 (Old section 25(1)(a) & (b) of the Indian Companies Act, 1956, a section-25) a section 8 company can be recognized for encouraging commerce, art, science, religion, charity or any other useful object, provided the profits, if any, or other income is applied for promoting the objects of the companies& no dividend is paid to its members.
2. Section-8 companies are registered under section 8 of Indian Companies Act 2013 (old section-25 of the Indian Companies Act, 1956).
3. For a section-8 company, the main instrument is a Memorandum& articles of association (no stamp paper required)
4. A section-8 Company needs a minimum of three members; there is no upper limit to the number of members. The Board of Management is in the form of a Board of directors or managing committee.
5. An application has to be made for availability of name to the registrar of companies, which must be made in the prescribed form INC-1, together with a fee. It is advisable to suggest a choice of three other names by which the company will be called, in case the first name which is proposed is not found acceptable by the registrar.
6. Once the availability of name is confirmed, an application should be made in writing to the regional director of the company law board. The application should be accompanied by the following documents; Three printed or typewritten copies of the memorandum & articles of association of the proposed company, duly signed by all the promoters with full name, address & occupation. 
7. A statement by an advocate or a chartered accountant that the MOA & AOA have been drawn up in conformity with the requirements of the Act & that all the requirements of the Act & the rules made thereunder have been duly obeyed with, in respect of registration or matters incidental or supplementary thereto.
8. Three copies of a list of the names, addresses & occupations of the promoters (& where a firm is a promoter, of each partner in the firm), as well as of the members of the proposed board of directors, together with the names of companies, associations & other institutions in which such promoters, partners & members of the proposed board of directors who are the directors or who hold responsible positions with description of the positions so held. 
9. A statement showing in detail the assets (with the estimated values thereof) & the liabilities of the association, as on the date of the application or within seven days of that date
10. An estimation of the forthcoming annual income & expenditure of the anticipated company, laying down the sources of the income & the objects of the expenditure. 
11. A statement giving a brief description of the work, if any, already done by the association & of the work proposed to be done by it after registration, in pursuance of section-8.
12. A statement which specify briefly the grounds on which the application is submitted.
13. A declaration by each of the persons making the application that he/she is of sound mind, not an undischarged insolvent, not convicted by a court for any offence &is not disqualified under Companies Act 2013, for appointment as a director.
14. The applicants must also furnish to the registrar of companies (of the state in which the registered office of the proposed company is to be, or is situate) a copy of the application & each of the other documents that had been filed before the regional director of the company law board.
15. The applicants should also, within a week from the date of making the application to the regional director of the company law board, publish a notice in the prescribed manner in a newspaper in the principal language of the district in which the registered office of the projected company is to be located or is located & circulating in that region, & at least in an English newspaper circulating in that region.
16. The director might, after in view of the objections, if any, received within 30 days from the date of publication of the notice in the newspapers, & after consulting any of the authority, department or ministry, as the one may in their discretion decide &determine whether the licence should or should not be granted.
17. The directors shall also instruct the company to include in its memorandum, or in its articles, or in both, such conditions of the licence as may be specified in this behalf.