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What are the legal options for registering an NGO in India?

Trust under Indian Trusts Act, 1882

  • Suitable for philanthropic, religious, or charitable purposes.
  • Governed by the Indian Trusts Act or relevant State Public Trusts Acts.
  • Requires a trust deed and minimum two trustees.
  • Common for NGOs involved in running institutions like schools, hospitals, or orphanages.

Society under Societies Registration Act, 1860

  • Best for NGOs engaging in community-based, cultural, or educational activities.
  • Requires at least seven members (from different states for a national-level society).
  • Governed by the Societies Registration Act and applicable state amendments.
  • Requires a Memorandum of Association and Rules & Regulations.

Section 8 Company under Companies Act, 2013

  • Ideal for professionally managed NGOs seeking structured governance.
  • Incorporated under the Companies Act with approval from the Registrar of Companies.
  • Requires minimum two directors and shareholders.
  • Must use profits or income only for promoting its charitable objectives.

Comparison of Structures

  • Trust: Simple to register and operate, best for asset-based operations.
  • Society: Democratic and transparent, suitable for member-driven initiatives.
  • Section 8 Company: Highest compliance, ideal for large-scale and corporate-funded NGOs.

Geographic Operation

  • Trust: Local or state-specific unless expanded through deed.
  • Society: National if members are from multiple states.
  • Section 8 Company: National and international scope permissible.

Governing Authority

  • Trust: Sub-Registrar or Charity Commissioner.
  • Society: Registrar of Societies.
  • Section 8 Company: Ministry of Corporate Affairs.

Suitable Use Cases

  • Trust: Religious endowments, health centers, shelter homes.
  • Society: Educational awareness, social welfare programs.
  • Section 8 Company: CSR implementation, advocacy, policy work.

Tax and Financial Recognition

  • All forms are eligible for tax benefits under Sections 12A and 80G of the Income Tax Act.
  • Section 8 companies may have higher donor trust and funding eligibility.

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