NGO Registration — Trust, Society & Section 8 Company

Choosing and registering the right not-for-profit structure — Trust, Society, or Section 8 Company — plus the PAN, 12A and 80G filings that let your organisation receive donations and issue tax-deduction receipts.

A group of colleagues in a collaborative meeting, discussing formation of an organisation

What is NGO Registration?

A not-for-profit organisation in India can be registered as a Trust (under the Indian Trusts Act, 1882, for a private/charitable trust), a Society (under the Societies Registration Act, 1860, administered locally by the Registrar of Societies), or a Section 8 Company (under the Companies Act, 2013, through the Ministry of Corporate Affairs). Each structure has its own governance rules, minimum members, and level of ongoing compliance — the right choice depends on your objects, expected scale, and whether you plan to seek corporate CSR funding or foreign contributions.

Who Needs This

  • Groups starting a school, health camp, relief work or community welfare initiative
  • Founders wanting formal legal status to receive donations and issue receipts
  • Organisations planning to apply for corporate CSR funding, which increasingly requires CSR-1 registration
  • Existing informal groups that want to convert into a registered charitable entity

Why It Matters

An unregistered group cannot open a dedicated bank account in its own name, cannot issue valid 80G receipts to donors, and has no independent legal standing to hold property or sign contracts. Registration — followed by 12A and 80G recognition from the Income Tax Department — is what makes an NGO’s income tax-exempt and its donations tax-deductible for the donor.

Key Benefits

  • Separate legal identity to hold assets, open bank accounts and enter contracts
  • Income tax exemption for the organisation once 12A registration is granted
  • Tax deduction for donors once 80G registration is granted, encouraging larger donations
  • Eligibility for CSR funding and government/international grants once properly registered and compliant

Our Scope of Assistance

  • Advising on the right structure — Trust, Society or Section 8 Company — for your objects and scale
  • Drafting the Trust Deed, or the Memorandum & Rules (Society), or MOA/AOA (Section 8 Company)
  • Registration with the Sub-Registrar, Registrar of Societies, or Registrar of Companies as applicable
  • PAN application, and 12A/80G registration under the current Form 10A/10AB regime
  • CSR-1 filing and guidance on FCRA eligibility for organisations seeking foreign contributions

Documents Required

  • PAN and address proof of all trustees, society members or directors
  • Registered office proof — utility bill plus NOC, or rent/lease agreement
  • Trust Deed / Memorandum & Rules / MOA-AOA drafted for the chosen structure
  • Passport-size photographs of trustees, members or directors
  • Objects and proposed activities of the organisation, in writing

Our Process

1

Structure selection

Trust, Society or Section 8 Company chosen based on your objects and plans.

2

Drafting

Trust Deed, Memorandum & Rules, or MOA/AOA drafted to match your objects.

3

Registration filing

Application filed with the Sub-Registrar, Registrar of Societies, or ROC.

4

PAN & bank account

PAN obtained and a dedicated bank account opened for the organisation.

5

12A / 80G filing

Income tax registrations filed so donations become tax-deductible.

Government Fee & Professional Fee

Government fee

Stamp duty and registration fees vary by structure and, for Trusts and Societies, by the local Registrar — REQUIRES CONFIRMATION for the exact fee applicable to your case.

Professional fee

Depends on the structure chosen and whether 12A/80G filing is included. Contact us for a quote.

Typical Timeline

A Trust or Society is generally quicker to register than a Section 8 Company, which follows a company-incorporation-style process with the ROC. 12A and 80G registration are separate, subsequent filings with their own processing time. We do not guarantee a fixed timeline for any of these.

Common Mistakes to Avoid

  • Drafting objects too narrowly or too vaguely, causing problems later with 12A/80G or FCRA applications
  • Not renewing 12A/80G registration under the current five-year renewal regime
  • Mixing personal and organisational funds instead of maintaining a dedicated bank account
  • Assuming any NGO structure automatically qualifies for FCRA — foreign contribution registration has its own separate eligibility conditions

Frequently Asked Questions

Which structure is best — Trust, Society or Section 8 Company?

It depends on your objects and scale. Trusts and Societies are generally simpler to set up; a Section 8 Company involves more compliance but is often seen as more credible for larger CSR funding and grants.

Do I need 12A and 80G separately?

Yes — 12A exempts the organisation’s own income from tax, while 80G lets donors claim a tax deduction on their donation. Both need to be applied for and are now renewed periodically.

How many people are needed to start a Trust or Society?

A Trust typically needs a minimum of two trustees; a Society registered under the Societies Registration Act, 1860 typically needs a minimum of seven members — REQUIRES CONFIRMATION against the current local Registrar’s requirements.

Can our NGO receive donations from abroad?

Only after separate FCRA (Foreign Contribution Regulation Act) registration or prior permission, which has its own eligibility conditions and is applied for after the NGO has an established track record.

Related Services

Ready to register your NGO?