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| Trust | Society | Section 8 Company | |
|---|---|---|---|
| Governing Act | Mostly by Indian Trusts Act, 1882 as only some states in India have their special trusts acts. | Mostly Societies Registration Act, 1860 as only some states in India have their special societies acts. | Companies Act, 2013 |
| Registration Authority | State Government | State Government | Government of India / Central Government |
| Registration Documents | Trust Deed, Registration Certificate is given only in few States of India | Registration Certificate, MOA & Rules | Registration Certificate, Section 8 License, MOA & AOA |
| No. of Persons Required | 2 Persons for National Level | 7 persons, not having blood relation, for State level and 8-9 persons from different states for National level Society | 2 (Private) / 7 (Public) for National Level |
| Registration Process | Offline in Most of the States of India | Offline in Most of the States of India | Completely Online |
| Main Posts | Trustee (Can also be designated with any other term like Chairman, President, Secretary, Treasurer etc.) | Chairman, President, Secretary, Treasurer etc. | Directors (Can also be designated with any other term like Chairman, President, Secretary, Treasurer etc.) and Members |
| Name | Name mostly to include the word Trust | Name mostly to include the word Society | Name to include the word Foundation, Forum, Federation, Association or Council |
| Set-up Time | 1-3 months for registration, PAN, TAN, Bank Account | 1-3 months for registration, PAN, TAN, Bank Account | 10-15 days for registration, PAN, TAN, Bank Account |
| Decision Making | By Trustees | By Members of Governing Council | Management by Board of Directors. Few decisions are reserved for Members. BOD works mostly as per will of Members as they can be removed and appointed by members. |
| Voting Rights | One Trustee One Vote | One Member One Vote | One Member One Vote or Voting Rights in percentage |
| Amendment Process | Offline in Most of the States of India. Name & objects can rarely be modified, mostly through court permissions. Shifting of registered office from 1 state to another is complex & lengthy as 2 state's laws are involved. | Offline in Most of the States of India. Everything can be modified. Shifting of registered office from 1 state to another is complex & lengthy as 2 state's laws are involved. | Completely Online. Everything can be modified. Shifting of registered office from 1 state to another is lengthy but easy as only 1 authority is involved. |
| Renewal | No Renewals required | Renewals required in various states on specific intervals | No Renewals required |
| Protection of Name | Can be copied by other Trusts | Can be copied by other Societies | Cannot be copied by other Section 8 Companies |
| Micro Finance | Not permitted by Reserve Bank of India | Not permitted by Reserve Bank of India | Permitted by the Reserve Bank of India to grant microfinance to the poor |
| Electoral Trust | Ineligible for registration as Electoral Trust | Ineligible for registration as Electoral Trust | Eligible for registration as Electoral Trust |
| Start-up India | Ineligible for Start-up India recognition | Ineligible for Start-up India recognition | Eligible for Start-up India recognition |
| Compliance | Compliances are same in Trust, Society & Section 8 Companies under income tax law. Additional compliances are different in different states, heavy under Maharashtra & Gujarat. | Compliances are same in Trust, Society & Section 8 Companies under income tax law. Additional compliances are different in different states and mostly moderate. | Compliances are same in Trust, Society & Section 8 Companies under income tax law. Additional compliances are heavy but same over whole of India |
| Credibility | Low as you do not get even a registration certificate for trust in most of the states | Moderate - seen as traditional and less transparent | High - recognized nationally and internationally |
| Funding & Grants | More difficult to secure corporate/foreign funding | More difficult to secure corporate/foreign funding | Easier to attract CSR funds, foreign donations and institutional grants |
| Closure | A Trust, especially a Public Charitable Trust is designed to be permanent and almost impossible to close. | Relatively easy | Costly but completely online and easy process. |
| Transfer of Ownership / Management | Offline and easy but inconvenient for distant transfers | Offline and easy but inconvenient for distant transfers | Online and easy and convenient for even distant transfers |
| Suitability | Best suitable if you do not want to take 12AB/332, 80G/354 & FCRA registrations. | Best for community-based, democratic groups where 12AB/332, 80G/354 & FCRA registrations are not desired like RWA & only member benefiting institutions. | Best for large-scale CSR, grants, and foreign funding where 12AB/332, 80G/354 & FCRA registrations are required. |
| Legal Status | No Corporate Shield: Not a separate legal entity from its trustees. If the Trust enters into a contract and fails to pay, the trustees are personally liable to the third party. | The Partial Shield: A Society is a separate legal person that can hold property and sue in its own name. Members and managers are not personally liable for the society's debts. | The "Golden" Shield: It is a completely distinct legal individual. Directors / members have limited liability. Their personal assets are safe from company creditors even if the NGO goes bankrupt |
| Online Verification / Transparency | Most of the States of India don’t have any online database where details and status of Trusts can be verified. NGO darpan is a portal of the Central Government where details are uploaded by NGOs themselves and not by registration authority. Further, current status and details about returns cannot be verified on NGO darpan portal. | Most of the States of India don’t have any online database where details and status of Societies can be verified. NGO darpan is a portal of the Central Government where details are uploaded by NGOs themselves and not by registration authority. Further, current status and details about returns cannot be verified on NGO darpan portal. | GOI Portal mca.gov.in maintains database of Companies registered in India showing updated details, current status of Companies & details about returns. |
| Treatment by Authorities | Less Preferred | Less Preferred | Most Preferred as more transparent and easier to verify |
Many NGOs and their consultants are unaware that the validity of their 80G & 12AB registrations is limited to just six months from the commencement of activities because those are provisional ones only. If you do not apply for final 80G & 12AB registrations within this six-month period, the provisional 80G & 12AB registrations become invalid. Therefore, it is crucial to check whether the heading of your 80G & 12AB certificates include the word "Provisional".
Likewise, Many NGOs and their consultants are unaware that if you have already started your activities, you are not eligible for provisional 80G & 12AB registrations. In such cases, you must apply directly for final 80G & 12AB registrations.
Regardless of your situation—whether your time has expired, you lack proper records or you have mistakenly obtained provisional 80G & 12AB registrations—we have you covered. We offer guaranteed final 80G & 12AB registrations for your NGO anywhere in India subject to the condition that you have records as specified by us. If we are unable to secure your final 80G & 12AB registrations, we refund the full amount.
If you do not have the necessary records, rather than buying this service, purchase our NGO Essentials and maintain the records specified therein for six months and then apply for final 80G & 12AB registrations.
Let us help you in getting the final 80G & 12AB registrations for your NGO for just ₹19,999!
Our guidelines provide valuable insights into dos and don'ts, record-keeping, how to stay ahead of time, how to connect with other social players, how to grow, etc. They also tell you upfront what you will learn only after making defaults. Our guidelines ensure that you don't face problems in getting your final 80G and 12AB registrations, FCRA registration, CSR and Government projects. Don't hesitate to call us in case you are unable to understand any of these guidelines.
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If you don't like it, we give you a full refund. No questions asked.
(If you have purchased anything worth Rs 5,000 or more from us, you will get these guidelines free of cost.)
Unlock round-the-clock expert consultation with our NGO 365/24/7 support service. For just Rs. 1,999 a year, you gain unlimited access to our knowledgeable team at any time, any day, throughout the year. Whether you need urgent advice, ongoing guidance, or answers to your pressing questions, our dedicated experts are here to assist your NGO in achieving its goals smoothly and efficiently.
Join our NGO 365/24/7 support service for just ₹ 1,999/year!
(If you have purchased anything worth Rs 5,000 or more from us, you will get our NGO 365/24/7 support service free of cost.)
We are guided by an uncompromising commitment to our clients. Our values lie at the core of what we do and
how we do it.They also act as a guiding light for our team, allowing us to bring our best to the table.
We specialize in providing legal services exclusively for non-profits. Our team understands the challenges faced by NGOs, philanthropies, and other social sector organizations and their legal needs.
We understand that each NGO operates in a unique context with specific legal needs. Our approach is not one-size-fits-all. Instead, we provide customized legal solutions that align with the organization’s mission, size, and activities.
Navigating the legal risks and compliance requirements can be daunting for the NGOs. Our team specializes in the risk assessment and ensures that our clients are aware of the potential pitfalls.
Score 100 marks and get a discount of 80%.
We not only register the NGOs, but we are torch bearers for NGOs. We understand that registration of an NGO is not sufficient, and it is equally important to understand and know about rules, regulations, trends, practices, resources and opportunities, which most social entrepreneurs lack. That's where we step in to lend a hand. We help you in your social endeavours by providing timely updates and insights through our learning centre (which we call the training centre). Here, we meticulously curate and disseminate information that is critical for the thriving of NGOs. Don't forget to subscribe to our email newsletter and visit the learning centre regularly to get ahead of competitors.
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