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Trust and Societies Registration

A Non-Governmental Organization (NGO) is a non-profit entity created to serve public causes such as social welfare, education, culture, health, environment, or humanitarian objectives. NGOs operate independently of the government, with funds devoted entirely to their stated mission and public benefit.

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Trust and Societies Registration

Legal Structures for NGO Registration in India

Trust
  • Registered under the Indian Trusts Act, 1882.
  • Suitable for charitable activities with property transferred by the settlor to trustees for public benefit.
  • Requires minimum two trustees and is managed through a legally valid Trust Deed.
Society
  • Registered under the Societies Registration Act, 1860.
  • Designed for collective efforts in education, culture, charity or community welfare.
  • Requires minimum seven members and is governed by a Memorandum of Association (MOA) and Rules & Regulations.
Section 8 Company
  • Registered under Section 8 of the Companies Act, 2013.
  • A non-profit company that must apply its income toward promotion of its objectives and not distribute profits.
  • Offers a formal corporate structure with higher credibility and easier access to funding.
In India, NGOs can be registered under three principal legal forms:
  • Trust – Under the Indian Trusts Act, 1882
  • Society – Under the Societies Registration Act, 1860
  • Section 8 Company – Under the Companies Act, 2013

Each structure has specific advantages and suitability depending on the long-term goals and governance model of the organization.

Key Registrations for NGOs
12A and 80G Registration (Income Tax Exemptions)

To avail tax exemptions under Indian law, NGOs should secure registration under Section 12AB (replacing the older Section 12A/12AA provisions) and Section 80G of the Income Tax Act, 1961:

12AB Registration
  • Grants income tax exemption on surplus funds used for charitable purposes
  • New registrations are typically granted provisional validity for 3 years, after which regular registration is granted upon review.
  • Validity must be renewed regularly to maintain exemptions.
  • Grants income tax exemption on surplus funds used for charitable purposes
  • New registrations are typically granted provisional validity for 3 years, after which regular registration is granted upon review.
  • Validity must be renewed regularly to maintain exemptions.
  • Grants income tax exemption on surplus funds used for charitable purposes
  • New registrations are typically granted provisional validity for 3 years, after which regular registration is granted upon review.
  • Validity must be renewed regularly to maintain exemptions.
FCRA Registration (Foreign Contribution)

The Foreign Contribution (Regulation) Act, 2010 (FCRA) regulates receipt of foreign funds by NGOs in India:

  • FCRA registration is mandatory for NGOs intending to accept foreign donations.
  • Regular registration typically requires the NGO to be operational for at least three years and demonstrate bona fide activities with audited financials.
  • New FCRA norms require detailed disclosures about key persons and foreign associations for enhanced transparency.

Note: Prior permission may be available for newly formed NGOs to receive specific foreign funds even before fulfilling the 3-year requirement.

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