Social Sectors/ NGOs | Intelia Law Offices

Practice Areas

Social Sectors/ NGOs

In India, Social Sector or a NGO can be registered in the form of a charitable Society, Trust (Public) or a Company (u/s 8 of Companies Act, 2013 limited by shares or guarantee) (earlier under section 25 Companies under erstwhile Companies Act, 1956).
The Firm's partners have extensive experience in structuring best mode of entity for setting up non-profit and social organizations in India for its several national and international clients. The Firm assists clients by providing following services:

  • Based on the clients pre-requisite, guiding and assisting in choosing best entity amongst a Company, Society or a Trust;
  • Drafting of Charter Documents, Memorandum & Article of Association, Rules & Regulations & Bye-laws and Trust Deed for a Section 8 Company, Society or a Trust, as the case may be;
  • Registration of such organization with Registrar of Company, Registrar of Society or registration of Trust-Deed with Registrar of Assurance, as the case may be;
  • Obtaining necessary approvals, prior permissions, registrations required under Foreign Contribution Regulation Act, 2010 (FCRA) from Ministry of Home Affairs, India for receiving foreign contributions from foreign sources; registrations under Income Tax Act of India (under Section 12A and 80G) for getting exemptions on incomes and donations and other approval/registrations for smooth operations of the organization;
  • Preparing, maintaining and filing of regular filings, disclosures and returns (quarterly / half yearly and annual) with various authorities as applicable and drafting of other documents/ records under applicable laws in India.

The Partners of the Firm also regularly guide and advise various not-for-profit organizations in their Corporate Social Responsibility (CSR) initiatives and guide them in preparing their CSR proposals, advise on their projects’ integration and fragmentation for securing CSR funding from various corporates from India and overseas. They further guide and advise the promoters / settlors of not-for-profit organizations in securing their control over the affairs of a not-for-profit organization in order to ensure that the actions of the governing committee are being done towards accomplishing the prime objectives and further guiding them on mechanisms for implementing checks and audits at various levels to ensure that there is no abuse, pilferage or leakage of charitable funds from the organization.