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Differences Between Trust, NGO, and Section 8 Company

Understanding the right legal structure is crucial when setting up a non-profit organization. The three most common structures in India are Trusts, NGOs, and Section 8 Companies. Each has distinct legal, operational, and financial characteristics. This guide explains the key differences between these entities to help you choose the best option for your organization.

Overview of Trusts, NGOs, and Section 8 Companies

  • Trust: A legal arrangement where a settlor transfers property to trustees for public or private benefit.
  • NGO (Non-Governmental Organization): A broad term encompassing various non-profit entities, including Trusts and Section 8 Companies.
  • Section 8 Company: A non-profit organization registered under the Companies Act, 2013, with stricter regulations but better credibility.

Legal Structure and Governing Laws

  • Trusts: Governed by the Indian Trusts Act, 1882 (for private trusts) or state laws (for public trusts).
  • NGOs: Not a legal term; it includes Trusts, Societies, and Section 8 Companies.
  • Section 8 Companies: Governed by the Companies Act, 2013 under the Ministry of Corporate Affairs (MCA).

Key Differences

CriteriaTrustNGOSection 8 Company
Legal StatusSeparate legal entity for public trustsNot a legal termSeparate legal entity
Governing BodyTrusteesVariesBoard of Directors
Registration AuthoritySub-Registrar of TrustsVariesMCA
CompliancesMinimalDepends on structureHigh compliance
Profit DistributionNo profit distributionNo profit distributionNo profit distribution
Tax Exemption12A, 80G applicable12A, 80G applicable12A, 80G applicable
Foreign Funding (FCRA)LimitedDepends on structureEasier to get FCRA approval
CredibilityModerateModerateHigh credibility

Which One Should You Choose?

  • Trust: Ideal for small-scale charitable work such as schools, hospitals, and religious institutions.
  • NGO (Society): Best for grassroots community work, membership-based organizations, and advocacy groups.
  • Section 8 Company: The best choice for large-scale non-profits, social enterprises, and organizations requiring international funding.

Why Choose ASK ASSOCIATES for NGO, Trust, and Section 8 Company Registration?

✔️ End-to-End Support: We handle documentation, registration, and compliance.
✔️ Tax & Legal Assistance: Expert guidance on 12A, 80G, and FCRA approvals.
✔️ Faster Registration: Hassle-free process with professional assistance.

📞 Get in touch with ASK ASSOCIATES today!

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