Trust | NGO | Charity
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Overview
Trusts, NGOs, and Charitable Organizations play a vital role in society by focusing on activities such as education, healthcare, poverty alleviation, environmental protection, and more. Trusts are established under the Indian Trusts Act, 1882, while NGOs and charitable institutions can also be registered as societies or companies under the Companies Act, 2013 (Section 8 Company). These organizations are not-for-profit entities driven by a social cause, seeking to benefit a particular community or the public at large.
Types of Registration
Trust
A legal arrangement where one party (the trustee) holds property or assets for the benefit of another (the beneficiary). Trusts are governed by the Indian Trusts Act, 1882.
NGO (Non-Governmental Organization)
Typically registered as a society under the Societies Registration Act, 1860, NGOs focus on various social causes and receive funding from the government or private donors.
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Key Features
Non-Profit Objective
All income and assets must be utilized for charitable purposes and cannot be distributed among members or trustees.
Separate Legal Entity
Once registered, the organization becomes a separate legal entity from its founders, capable of owning property, entering contracts, and suing or being sued.
Perpetual Succession
The organization continues to exist despite changes in trustees, members, or management, ensuring continuity of the cause.
Tax Exemptions
Charitable organizations are eligible for tax exemptions under Section 12A and 80G of the Income Tax Act.
Regulated Activities
Trusts, NGOs, and charities must adhere to regulatory requirements, including annual filings, audits, and compliance with the applicable laws.
Why Choose a Trust, NGO, or Charity?
Promote a Social Cause
These organizations allow individuals or groups to work towards societal betterment, addressing important social, environmental, or cultural issues.
Eligibility for Grants and Donations
Registered trusts and NGOs can receive grants and donations from government bodies, international organizations, and private donors.
Tax Benefits
Donors contributing to registered charitable organizations are eligible for tax deductions, and the organizations themselves can avail of tax exemptions.
Structured Governance
A clear governance structure allows for the effective management of charitable activities, ensuring that resources are utilized for the intended purposes.
Legal Recognition
Being registered gives the organization legal recognition, enhancing its credibility and ability to engage with other stakeholders.
Basic Need
Define the Objective
Clearly outline the objective of the trust, NGO, or charity, specifying the social, cultural, or environmental cause it intends to support.
Choose a Name
Select a unique name for the organization that reflects its purpose and complies with the respective laws governing trusts, societies, or Section 8 companies.
Prepare the Trust Deed or Memorandum of Association (MOA)
For Trusts: Draft a Trust Deed that specifies the objectives, governance structure, trustees’ roles, and powers. This document must be signed by the settlor (person creating the trust) and trustees.
For NGOs/Societies: Draft the Memorandum of Association (MOA) and Rules & Regulations, specifying the organization’s objectives, membership criteria, governance, and operational rules.
Appoint Trustees/Directors
Appoint the trustees (for Trusts) or board members/directors (for NGOs and Section 8 Companies). A minimum of two trustees or directors is required.
Register the Trust/NGO/Charity
For Trusts: Register the Trust Deed with the local Sub-Registrar Office. Stamp duty must be paid based on the value of the trust property.
For NGOs/Societies: Register under the Societies Registration Act, 1860 with the Registrar of Societies.
For Section 8 Companies: Apply for incorporation with the Registrar of Companies under Section 8 of the Companies Act, 2013.
Obtain PAN and TAN
Apply for a Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) in the name of the organization for tax filing and compliance purposes.
Open a Bank Account
Open a current account in the name of the organization for receiving donations, grants, and managing expenses.
Register under Section 12A and 80G of the Income Tax Act
Section 12A: Enables the organization to claim tax exemptions on its income.
Section 80G: Allows donors to claim tax deductions for their contributions to the organization.
Obtain FCRA Registration (if applicable)
If the organization intends to receive foreign contributions, apply for registration under the Foreign Contribution Regulation Act (FCRA), 2010.
Obtain Other Registrations (if applicable)
GST Registration: Register under GST if the organization’s turnover exceeds the prescribed limit or if it engages in trade or commerce.
Professional Tax Registration: Required in some states based on the number of employees or the organization’s location.
Optional Steps
Trademark Registration
Register the organization’s name, logo, or brand to protect its identity.
CSR Registration
Register for Corporate Social Responsibility (CSR) to be eligible for CSR funds from companies.