Trust Registration

Trust Registration

What is Trust?

The primary objective of a Trust is not to generate a profit. Its goals include promoting the arts, commerce, science, research, education, sports, charity, social welfare, religion, and environmental protection. Using a Trust Deed, any two or more people associated with any literary, scientific, or charitable purpose may establish a trust. Trust Deed must be filed with the Office of the Sub-Registrar of Jurisdiction. The Prevention of Names and Emblems Act should be consulted before selecting a Trust Name. The Jurisdictional Sub-Registrar is in charge of Trust Registration.

Types of Trusts

Trust can be either public or private. The appropriate State Government governs and regulates Public Trust, which is advantageous to society as a whole. The Indian Trusts Act, of 1882 governs and regulates private trusts, which are often established for the benefit of one or more individuals. Investing vehicles like mutual funds and venture capital funds can also be utilized as trusts. The Securities and Exchange Board of India is in charge of regulating these trusts (SEBI).

Public Trust:

The Public Trust’s primary goal is non-profit. Its goals include advancing the arts, business, science, research, education, sports, philanthropy, social welfare, religion, and environmental protection, among others. Any two or more individuals who are associated may establish a trust through the use of a trust deed for any artistic, scientific, or charitable goal. The Office of Jurisdictional Sub-Registrar is the place where the Trust Deed must be submitted. Before choosing a trust name, one should verify the Prevention of Names and Emblems Act. The Jurisdictional Sub-Registrar oversees Trust Registration.

Who must register a trust? According to Section 7 of the Indian Trusts Act of 1882, the following people may establish a trust:

What is Society?

The primary objective of Society is not to generate a profit. Its goals include promoting the arts, commerce, science, research, education, sports, charity, social welfare, religion, and environmental protection. By drafting a memorandum of association, seven or more people associated with any literary, scientific, or charitable purpose may form a society. The Registrar of Societies must receive the articles of incorporation. The memorandum must be appropriately signed by all of the organization’s members and include the organization’s name, its objectives, and the addresses, terms, and occupations of the governing body members by whatever name it may be known. In addition to the memorandum of association, a copy of the Society’s rules and regulations must also be filed. The Prevention of Names and Emblems Act should be consulted before selecting a Society Name. The District Society Register governs Society Registration.

Who may register a Society:

Any seven or more individuals who wish to report an NGO to promote the arts, commerce, science, research, education, sports, charity, social welfare, religion, or environmental protection.

What is a Section-8 Company?

The Section-8 Company is one type of company in India, and its primary purpose is charitable. Its goals include promoting the arts, commerce, science, research, education, sports, charity, social welfare, religion, and environmental protection, among others. How do Section 8 companies provide these services without receiving compensation? Yes, they provide these services through public and corporate donations. These businesses will receive government grants. The nature of Section-8 companies is comparable to that of a Trust or Society, but they will have a great deal of credibility because they are registered with the central government, and a statutory auditor provides an audit report at the end of the accounting period. It can appeal to the public for a worthy cause and easily obtain donations. Through, the website of India’s Ministry of Corporate Affairs, donors can verify the financial reports. Section-8 Companies may be registered as either Public or Private.

The Government of India declared on January 26th, 2018 that there is no incorporation charge for businesses with authorised share capital up to Rs. 1,000,000/- (Rupees Ten Lakh). This charge has since been raised to Rs. 15 lakh. Most Indian states do not require the payment of stamp duty on MOA and AOA. The other fees, such as Name Availability, Permanent Account Number (PAN), and Tax Deduction and Collection Account Number (TAN), are applicable as usual.

Who shall register a Section-8 Company: Any individual or association of individuals wishing to register a limited liability company for the purposes listed below may apply for registration of a Section-8 Company. The Central Government must be satisfied that:

  • Its objects include the promotion of commerce, art, science, sports, education, charity, religion, social welfare, research, protection of the environment, or any other object.
  • The company, after incorporation, intends to apply its profits, if any, or other income exclusively to promoting such objects.
  • The company intends to prohibit the payment of dividends to its members.

Section-8 Organization Trust Society

There are primarily three types of non-profit organizations in India, namely Section 8 Companies (previously Section 25): Section 20 of the Societies Registration Act of 1860-registered organizations. Trusts were established by the Indian Trusts Act of 1882. The differences between Section-8 Company, Trust, and Society are outlined below.


ParticularsSection-8 CompanyTrustSociety
Governing LawCompanies Act, 2013Indian Trusts Act, 1982Societies Registration Act, 1860
Rigistering AuthorityRegistrar of CompaniesSub-RegistrarSociety Registrar
Minimum Members2 Directors cum 2 ShareholdersTow members7 Members
Cost of FormationHighMediumLow
Grants and SubsidiesHighMediumMedium
FCRA PreferenceHighly preferredLow preferredLow preferred
Section 80G & 12 AAllowed to be registeredAllowed to be registeredAllowed to be registered
Stamp DutyIn most of the Indian states, it is not requiredTo be paidNot required


Why Do I Need to Register a Trust?

Listed below are the primary motives for registering in a Trust.

Donations & Grants:

The public can donate to a cause easily, and this category of NGOs can quickly obtain government grants. Suppose a company receives licenses under Sections 80G and 12A of the Income Tax Act of 1961. In that case, the donors will receive tax benefits under section 80G of the Income Tax Act, and the company will be eligible for tax benefits under section 12A.

Low Cost of Formation:

The cost of forming a Society is significantly lower than that of a Section-8 company or a trust. No stamp duty is due at the time of a society’s incorporation, and Digital Signatures are not required. Additionally, the Annual Compliance Cost is less than Section-8 Company. Annually, only the Minutes of the Society’s members must be submitted to the Society Registrar.

License under FCRA:

The Society can quickly obtain a license under the Foreign Contribution Regulation Act of 2010 and receive foreign contributions, donations, and grants. The Foreign Contribution Regulation Act makes obtaining consent simpler for Society.

How to Register an Organization

There must be a minimum of seven individuals who are majors to register a Society, and one of the members should be a resident of the area. Listed below are the Required Documents and Society Registration Procedure Step-by-Step.

Documents Required

Members Documents
  1. Members PAN
  2. Members ID Proofs
  3. Aadhaar Card, Voter Identification Card, Passport, or Driver's License.
  4. Members Address Proofs:
  5. Latest one-month Savings Bank statement, Latest Telephone Bill in his name, Latest Motor Vehicle Bill in his name, or Latest Electricity Bill in his name.
  6. Members' latest passport size photograph
  7. Members' email addresses
Trust Address Proof
  1. Aadhar Society Members' Mobile Numbers Linked to Their Aadhaar B Address Proofs
  2. Proof of Registered Office Address: Latest Electricity Bill No Objection Letter cum Declaration from the landlord
  3. The landlord will give a rental agreement if the property is rented.
  4. Society email address.

Three-Step Registration:

Drafting of Bylaws, Rules, and Regulations

Via Businesses - One-Hour House Job

We will draft the Society's Bylaws, Rules and Regulations, and other documents.

Online Submissions

Via Society Registrar's Web Portal - One-Hour Task

We will submit the Society's Application forms, Bylaws, Rules, and Regulations online and pay the required fee.

Online Registration Certificates

 3 to 5 Days

The Registrar will approve the form after review and issue the Certificate of Incorporation online.

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What Comes Next Following Trust Registration?

Congratulations on registering your new non-profit organization! Most NGOs do not know what to do after registering their organization. A Society’s other mandatory registrations and statutory compliance requirements are listed below.

Annual Conformity

General Annual Meeting (AGM)

Every Society is required to hold an Annual General Meeting of its members on or before September 30, within six months of the end of its fiscal year.

Submission of AGM Minutes to the Registrar within 30 days of the AGM

Each Society is required to submit its AGM Minutes to the Register within 30 days of its Annual General Meeting.

Form 1040 Return

Every Society is required to file its annual Income Tax Return on Form ITR-5 by July 31. In the event of Tax Audit, the date will be September 30 of every year.

TDS Return

Every Company required to file TDS returns must do so within 31 days at the end of each quarter to avoid incurring penalties.

GST Returns

within 20 days of the quarter's end

Any company required to file GST returns using QRMS must do so by the deadline or face fines.

Different Registrations

Registration for GST

If you are a taxable dealer in the sale of Goods or the provision of Services, you are required to register for GST. If the company is registered under Section 12AA of the Income Tax Act of 1961 and the services it provides are for a charitable cause, then the company is exempt from GST.

License under Section 80G & 12A

Section 80G of the Income Tax Act allows a deduction for contributions made to certain relief funds and charitable organizations. Section 12A specifies which relief funds and charitable organizations are exempt from paying income tax on their surplus income.

Form 10A can be used to request an exemption under section 12A of the Income Tax Act as well as permission under section 80G. Donors and charitable organizations benefit from having both permissions from the Income Tax department, as the donor can claim a deduction from his total gross income, and the charity can claim exemption from paying income tax on excess income.

FCRA Registration

Foreign Contribution Regulation Act 2010 requires a license if a society wishes to accept contributions and donations from outside India (FCRA).

IPR Registration

If you wish to protect your Society, brand, literary work, or invention, you must file an application for Trade Mark, Copyright, and Patent with the Indian department of Intellectual Properties.

NITI Aayog Registration

Registration with NITI AYOG is required for NGOs seeking government grants.

Import Export Code (IEC)

Import Export Code (IEC) must be obtained if your Society intends to import or export goods or services.

Let's Deal With Your Confusions

By drafting a memorandum of association, seven or more people associated with any literary, scientific, or charitable purpose may form a society. The articles of incorporation must be submitted to the Registrar of Societies. The memorandum must include the name of the organization, its purposes, and the names, addresses, and occupations of the members of the governing body, by whatever name it is known, duly signed by all members forming the organization. In addition to the memorandum of association, a copy of the Society's rules and regulations must also be filed.

Any two or more parties involved with any literary, scientific, or charitable goal may create a trust by signing a trust deed. A trust deed needs to be turned up to the neighbourhood sub-registrar office.

By filing Memorandum and Articles of Association with the Ministry of Corporate Affairs, Government of India, any two or more people can form a Section 8 company for any literary, scientific, or charitable purpose.

Not really.

No, you don't have to renew the certificate.

Approximately 3 to 4 working days.

The total government charge, which includes ancillary costs, will be Rs. 7,500.

Yes, you can..

yes, As ByLaws must be legally drafted, it is recommended that you contact a consultant such as us.


  • Every person competent to contract.
  • By or on behalf of minor with the permission of a principal civil court of original jurisdiction.
  • Hindu Undivided Family (HUF).
  • Association of Persons (AOP).
  • Trust by a woman.
  • Company.
  • Before a Trust can accept contributions or donations from overseas/outside India from non-residents, the Foreign Contribution and Regulation Act, 2010 stipulates specific requirements that must be met. The Society Registration Act's requirements are in addition to those of this Act.

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