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What is a Non – Governmental organization (NGO)
Non-governmental organization is a legal entity that is not a direct part of a government, independent from government control, not a direct competitor in politics. Generally, NGO’s are established by a group of individuals to make a positive change in society. They collect funds from various donors around the world and try to service their aim. NGO’s can be various kinds, such as zonal, national, international etc.
How Does it differ from other organizations?
Now modern organizations are very complex in stricture, for example, NGO’s are collaborating with government and under some bindings too. So thing blurs time to time, generally, NGO’s are considered non – profit, non – dependent on government and to fulfil their particular purpose but they can be a helping hand of government, can raise capital and earn profit to fulfil their purpose. They will not follow the company law or business law but they can be involved in the business as a separate entity of a linked NGO. So a careful observation is a much need both on de facto and de jure activities of an NGO. Thus it can be concluded that the formation procedure, objective and the activities of an organization shall be the final proof that is an NGO; it must not be a fully profitable business institution, nor it deserves to a part of the government where it works for government by their rule, it must fulfill the purpose of its constitution and act accordingly.
What are the concerns regarding NGOs?
In the face of NGO, it may look like a God sent organization for the betterment of this world but the reality might be a little bit different, as we mentioned earlier there are many classifications and kinds of NGO’s around the world. There are Zonal, National or International NGO. Based on the funding we can further broaden the category of NGO s like locally funded, Government funded, Foreign Government funded, funded by national and international institutions and bodies and NGOs are covering a wide range of sectors for example:
NGO programs typically include:
Responding to health crises
Religious perspective ( support and help)
How to Register an NGO in Bangladesh
An NGO can be registered in three ways in Bangladesh
A. Under NGO Affairs Bureau
Mainly acted under Foreign Donations (Voluntary Activities) Regulations Act, 2016 (FDRA); to register an NGO certain tasks have to complete;
FD-1 Form (signed by Chief Executive in Bangladesh) – 9 copies
Certificate of incorporation in the Country of origin – 3 copies
Constitution – 4 copies
Activities Report – 6 copies
PIan of Operation (Work/Organogram) – 4 copies
The decision of the committee/ Board to open an office in Bangladesh – 4 copies
Letter of Appointment of the Country Representative – 4 copies
Copy of Treasury challan in support of depositing 50000 Taka for local NGO and USD $ 9,000 or Equivalent TK amount for foreign NGO in the Code 1-0323-0000-1836 and 15% Vat Code No (1-1133-00 35 -0311) – 3 copies
Deed of agreement stamp of TK.300 with the landlord in support of opening the office in Bangladesh – 3 copies
List of Executive Committee (foreign) – 4 copies
Letter of Intent – 5
Note: AII documents from abroad should be notarized by Justice of peace or attested by Bangladesh Embassy for INGO
As per, Foreign Donations (Voluntary Activities) Regulations Act, 2O16 (FDRA), under section 2(1) and foreign donations under section 2(5) which is very important to operate an NGO in Bangladesh
Section 3 of the Act made the registration of NGO’s mandatory where any foreign transaction occurs and this act prevails over all other existing and related laws. The officials shall check the documents and permit the NGO for 10 years. It must be re-submitted to renew the time 6 months prior to the end of that 10 years.
Under section 5 it imposed certain bars to receive donations from certain persons. Section 6 articulated that the Appointment of Foreign Consultant, Advisor or Officer and Foreign Tours must be informed to the government hand must have their security clearance thereof.
Section 9 directed to maintain the account of foreign donations as well as each NGO and individual shall in the prescribed manner, maintain its accounts and prepare an annual statement of accounts; ( section 12) by the authorized audit firm [See the list]
Section 10 empowers the government to make Inspection, Monitoring and Review any NGO. Under section 15 the Act said if any NGO violates this law or any law of Bangladesh the can take appropriate action against that NGO
B. Under the Department of Social Services (DSS)
This is done under the Ministry of Social Welfare The application process easier here as online application system is available and the processing time is known to be around 7 months long [Further verification needed]. but the catch is registering with DSS only gives you permission to operate in Bangladesh only it does not permit to accept foreign donations.
C. Under Joint Stock Companies and Firms
How to Register a Foundation in Bangladesh.
Registering with Bangladesh Registrar of Joint Stock Companies and Firms this is more a technical approach to register an NGO in Bangladesh because it is;
Even faster application processing time
Easier Application process
At first, it requires to get a name clearance like a business name clearance. The next step in the process is the actual organization registration application. This application has to be submitted on paper along with all the required documents (and name clearance approval). Later on, the Intelligence Department will have their check-up & submit a report to RJSC. This process is based on THE SOCIETIES REGISTRATION ACT, 1860. Registering with Bangladesh Joint Stock does not give permission to receive money from a foreign organization but can certainly receive from personal accounts.