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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