Trust / Society / NGO Registration
Start your non-profit the right way
Registration of charitable trusts, societies and Section 8 companies — deed drafting, registrar filings and the compliance roadmap for your cause.
What's included
- Structure advisory (trust vs society vs Sec 8)
- Deed / MOA & bye-laws drafting
- Registrar filing & follow-up
- PAN & bank account support
Understanding Trust / Society / NGO Registration
If you want to run a charitable, educational, religious or social-welfare initiative, Indian law offers three vehicles: a public charitable trust, a society, or a Section 8 company. Trusts are created by a registered trust deed — private trusts under the Indian Trusts Act 1882 and public charitable trusts under state laws such as the Maharashtra Public Trusts Act 1950 — and are administered by trustees. Societies are member-based bodies registered under the Societies Registration Act 1860 (or its state variants) with a minimum of seven members and a governing committee elected democratically.
A Section 8 company is a non-profit incorporated under the Companies Act 2013 through the SPICe+ process, with the Registrar granting a licence to drop 'Limited' from the name. It offers the strongest governance credibility — audited accounts, MCA filings and a national footprint — which is why CSR donors, foreign funders and institutional grant-makers often prefer it. Each structure bars distribution of profits: every rupee must be applied to the stated objects.
Choosing between the three depends on who controls the organisation, how funders perceive it, and how much compliance you can sustain. Our ₹8,999 package covers that structuring advice, drafting of the trust deed, memorandum and rules, or MOA and AOA, the complete registration filing, and PAN for the entity. Timelines run 15 to 30 working days depending on the structure and your state's registrar. We also plan your path to 12A and 80G registration, which you will need for tax exemption and donor deductions.
Who needs this?
Founders starting a charitable or social initiative
Education, healthcare, environment, animal welfare, rural development — any genuine public-benefit purpose needs a registered vehicle to receive funds and operate lawfully.
Groups seeking CSR funding
Companies can route CSR money only to entities registered on the MCA's CSR portal with 12A and 80G — a formal structure is the entry ticket, and Section 8 companies are often preferred.
Families establishing a philanthropic legacy
A charitable trust lets a family endow assets permanently for a cause, with trustees ensuring the founder's intent survives generations.
Communities running schools, clubs or welfare associations
Societies suit member-driven bodies — alumni associations, cultural organisations, sports clubs and resident welfare associations — where governance should be elected.
NGOs planning foreign grants
FCRA registration (needed to receive foreign contributions) requires a registered entity that is normally at least three years old with ₹15 lakh spent on core activities, so incorporating early starts that clock.
When this is NOT the right fit
| Your situation | What applies instead |
|---|---|
| ✕You intend to distribute profits or assets to founders or members | All three structures legally prohibit private benefit. Income and property must be applied solely to the objects, and on winding up a Section 8 company's assets go to another non-profit. |
| ✕You want to pay yourself freely from donations | Reasonable remuneration for actual services is permissible, but benefits to trustees and specified persons are tightly policed under Section 13 of the Income Tax Act and can cost the entity its exemption. |
| ✕The real purpose is commercial with a charitable label | Registrars and the income tax department examine objects and activities; business income beyond incidental limits (20% for general public utility objects) jeopardises 12A exemption. |
| ✕You cannot gather the minimum people | A society needs at least 7 members, a Section 8 company needs 2 directors and 2 shareholders, and a public trust realistically needs at least 2-3 trustees (author plus trustees). |
Not sure which applies to you? Message us — we'll point you to the right service in minutes, free.
Documents you'll need — and why
PAN and Aadhaar of all trustees, members or directors
Core KYC for the registrar and, for Section 8 companies, for DIN and DSC issuance.
Passport-size photographs of founders
Affixed to the deed, memorandum or SPICe+ forms as the registrar requires.
Address proof of all founders (utility bill or bank statement, not older than 2 months)
Establishes identity and residence of the people who will govern the organisation.
Registered office proof with owner's NOC
Every structure needs a declared office for statutory notices; the state registrar or ROC verifies the premises documents.
Draft objects: the causes and activities you will pursue
Objects define what the organisation may lawfully do and are scrutinised again at the 12A and FCRA stages — they must be charitable within Section 2(15) of the Income Tax Act.
Trust deed / memorandum and rules / MOA-AOA inputs
Details of trustees' powers, membership rules, quorum, succession and dissolution feed the governing document we draft.
Settlor's initial corpus details (for trusts)
A trust needs identifiable trust property — even a modest ₹1,000 to ₹10,000 corpus — transferred by the settlor to the trustees.
Stamp paper of state-prescribed value (for trust deeds)
Trust deeds attract stamp duty that varies by state and corpus; correct stamping makes the deed registrable with the Sub-Registrar.
How it works, step by step
- 1
Structure selection and drafting
3-5 working daysWe help you choose between trust, society and Section 8 company, then draft the trust deed, or memorandum and rules, or MOA and AOA with objects worded to pass 12A scrutiny later.
- 2
Execution and stamping
1-2 working daysDocuments are executed by settlor and trustees or signed by all founding members, on stamp paper where required, with witnesses.
- 3
Registration filing
7-20 working days, varies by structure and stateTrust deed registration before the Sub-Registrar (and charity commissioner where the state requires), society registration with the Registrar of Societies, or SPICe+ filing with the Section 8 licence request to the ROC.
- 4
PAN, bank account and registrations handover
3-5 working daysWe obtain the entity's PAN, assist with the bank account, and hand over the registered deed or certificate with a compliance calendar.
- 5
12A, 80G and NGO Darpan planning
Advisory, immediately after registrationWe map the immediate next steps — Form 10A filing for provisional 12A and 80G, NGO Darpan enrolment and CSR-1 where relevant — so fundraising can start on a sound footing.
Due dates to know
12A and 80G application (Form 10A)
As early as possible after registration
Provisional registration is granted for 3 years; without 12A, the NGO's own income is taxable.
Income tax return (ITR-7)
31 October following the financial year
Audit report in Form 10B or 10BB is due one month before the return where income exceeds the exemption threshold.
Section 8 company annual filings
AOC-4 within 30 days and MGT-7 within 60 days of the AGM
Section 8 companies follow the full Companies Act compliance calendar, including INC-20A within 180 days of incorporation.
Society annual list of governing body
Annually, within the period your state's Act prescribes
Under the 1860 Act framework, the managing committee list must be filed with the Registrar each year.
Form 10BD donation statement (once 80G is obtained)
31 May every year
What non-compliance costs
Operating without 12A and earning surplus
The entire surplus is taxable at normal rates — for most trusts and societies at the maximum marginal rate of about 30% plus cess — eroding funds meant for the cause.
Section 8 company violating licence conditions
The Central Government can revoke the licence; the company faces a fine of ₹10 lakh to ₹1 crore, and defaulting officers face fines up to ₹25 lakh.
Accepting foreign funds without FCRA registration
Contributions can be seized and penalties up to five times the amount received can follow under the FCRA 2010, alongside prosecution risk.
Late ITR-7 or missing audit report
Exemption under Sections 11 and 12 can be denied for that year, late fees under Section 234F apply, and accumulated income can become taxable.
Why doing this right pays off
Legal capacity to receive and manage funds
A registered entity can open bank accounts, hold property, sign grant agreements and give donors the paper trail they require.
Access to tax exemption and donor benefits
Registration is the gateway to 12A (income exemption) and 80G (donor deductions), and later to CSR funding and FCRA for foreign grants.
Perpetual existence for the cause
The organisation outlives its founders; trustee succession, elected committees or the company structure keep the mission running across generations.
Governance credibility
A registered deed, memorandum or MCA record with audited accounts reassures donors, government departments and partner institutions.
Limited liability (Section 8 route)
Directors and members of a Section 8 company get corporate limited liability, which trustees of an unincorporated trust do not enjoy.
Common DIY mistakes we see
- Writing vague or overly broad objects that later fail Section 2(15) scrutiny at the 12A stage, forcing amendments and re-filings.
- Choosing a trust for a member-driven community organisation, or a society for a founder-controlled initiative — the control structure should drive the choice.
- Ignoring state-specific requirements, such as charity commissioner registration in Maharashtra and Gujarat, which apply in addition to deed registration.
- Delaying the 12A and 80G applications and paying tax on early donations that could have been exempt.
- Mixing founder personal expenses with the organisation's funds — related-party benefit is the fastest route to losing exemption under Section 13.
Frequently asked questions
A trust suits founder-led philanthropy with a small, stable group of trustees. A society suits member-driven bodies with elected governance. A Section 8 company suits NGOs seeking CSR money, foreign grants and institutional scale, at the cost of full Companies Act compliance. We recommend after understanding your funders and control preferences.
Not sure if this is the right service?
Message us on WhatsApp — a real expert replies, usually within minutes.
All-inclusive professional fee. Government fees (if any) extra at actuals.
Grab a coupon below — it applies at checkout.
🎁 Offers on this service
20% off up to ₹1,500
You save ₹1,500 → pay only ₹7,499
on orders above ₹4,999
10% off up to ₹500
You save ₹500 → pay only ₹8,499