INTRODUCTION

If you're planning to launch a non-profit in India, one of the first big decisions you’ll face is: should I register as a Trust, a Society, or a Section 8 Company? These are the primary types of NGO registration India offers. Each structure carries its own legal, administrative, and operational flavor. Some are simpler to set up, others are more credible, and certain one’s mesh better with specific goals or resources.

TYPES OF NGO REGISTRATION INDIA

Trust: A trust is basically when a group of people come together to use money/property for a charitable purpose.

Law: Governed by the Indian Trusts Act, 1882 (for private trusts) and state-level trust laws (for public charitable trusts).
People needed: Minimum 2 trustees.
Best for: Families or small groups who want to do charity, like opening schools, temples, hospitals.
Compliance: Very simple and low reporting.
Drawback: Less flexible, trustees usually have lifetime power, not easy to change structure.

Society: A society is a membership-based organization formed by a group of people for cultural, social, or charitable activities.

Law: Governed by the Societies Registration Act, 1860.
People needed: Minimum 7 members (state-level; if all-India, need 8 from different states).
Best for: NGOs doing community-level work, like cultural promotion, sports, research, welfare groups.
Compliance: Needs annual filing of list of members and accounts with Registrar of Societies.
Drawback: Internal disputes are common, elections and member management can be messy.

Section 8 Company: A company registered under the Companies Act, 2013 for charitable or non-profit purposes, where profits are ploughed back into the cause.

Law: Companies Act, 2013 (licensed under Section 8).
People needed: Minimum 2 directors and 2 shareholders (can be the same people).
Best for: Large NGOs, startups in social sector, organizations seeking foreign funding (FCRA), CSR donations, or global recognition.
Compliance: Needs ROC filings, audits, and higher reporting, but also gives stronger credibility.
Drawback: More paperwork and costs than trusts/societies.

📝 Difference Trust Society Section 8 Company Ngo Registration

Feature	Trust	Society	Section 8 Company
Law	Trusts Act / State law	Societies Act, 1860	Companies Act, 2013
Members needed	2+	7+	2 directors, 2 shareholders
Control	Trustees	Governing body	Board of Directors
Compliance	Low	Moderate	High
Best for	Small charities, family initiatives	Community/cultural/social groups	Large NGOs, CSR, foreign funding
Credibility	Basic	Medium	Very High

In short:

Trust = Simple, family-run charity.
Society = Member-driven, community work.
Section 8 Company = Corporate-style NGO, best for scaling & funding.

WHO ISSUES SUCH LICENSE/CERTIFICATE?

Each structure answers to a different authority:

Trust: Registered under the Indian Trusts Act, 1882 or applicable State Public Trust Acts. The local Sub-Registrar or Charity Commissioner handles it.
Society: Governed by the Societies Registration Act, 1860. Registration happens through the Registrar of Societies (state-level).
Section 8 Company: Falls under the Companies Act, 2013. Handled by the Registrar of Companies (RoC) under the Ministry of Corporate Affairs.

Essentially, Trusts and Societies are state-level, while Section 8 is a national structure with stronger governance frameworks.

ELIGIBILITY AND DOCUMENTS REQUIRED FOR SUCH LICENSE/CERTIFICATE

A. Trust

Eligibility:

Minimum of 2 trustees.
Trustee must be sane, not bankrupt or criminally disqualified.

Documents:

Trust Deed (objectives, trustees, powers)
Identity & address proof of trustees
Registered office proof
Applicable state-specific forms & fee

B. Society

Eligibility:

Minimum of 7 members (some states allow 8 for national purpose societies)
Members should be individuals/entities interested in promotion of charitable cause

Documents:

Memorandum of Association (MoA)/Charted Document/Agreement
Rules & Regulations of the society
Identity & address proofs of members
Registered office proof
Registration form and fee

C. Section 8 Company

Eligibility:

Minimum 2 directors and 2 members (one director must be resident Indian)
Must operate for charitable or non-profit objectives (education, art, research, etc.)

Documents:

Directors’ DIN & Digital Signatures
E MoA and Articles of Association
Statement of assets, objectives, declarations, office proof
SPICe+ form for MCA filing

STEP-BY-STEP SUCH LICENSE/CERTIFICATE PROCESS

Trust Process

Draft Trust Deed with objectives and trustee details
Notarize and execute the deed on stamp paper
Submit to Sub-Registrar or Charity Commissioner
Get Registration Certificate

Society Process

Conduct founding meeting (minimum 7 members)
Draft and sign MoA/Agreement and Rules
Submit to Registrar of Societies with documents and fee
Receive Registration Certificate

Section 8 Company Process

Apply for name reservation (Part A SPICe+)
Get DSC and DIN for directors
File SPICe+ with e MoA, e AoA, statements, declarations
RoC reviews; if approved, issues Certificate of Incorporation with Section 8 status
Post-incorporation: apply for PAN/TAN, auditor appointment, bank account

HOW LAWFINITY SIMPLIFIES SUCH LICENSE/CERTIFICATE PROCEDURE?

Lawfinity is your friendly legal wing—warm, human, and practical:

Free Consultation: Understand what fits you—Trust? Society? or Section 8 Company?
Document Drafting: Trust Deed, MoA, AoA—tailored to your vision (not copy-paste).
Filing Support: Handles all registrations—submissions, follow-ups, forms—so you don’t lose sleep.
Compliance Calendar: Reminders, simple check-ins, and help with renewals.
Clarifications & Handholding: Got an authority letter or query from MCA? We jump in, handle it humanly—not with cold bots.

We believe your energy deserves to go into your purpose, not paperwork.

MUSINGS FROM THE AUTHOR’S INK

Choosing between a Trust, Society, or Section 8 Company feels like deciding between three flavors at an ice cream shop—each sweet in its own way. Over the years, I’ve seen small village libraries thrive as Trusts, grassroots activist groups bonding as Societies, and professional educational ventures soar with Section 8 status.

In one instance, a friend built a sleek digital school—he registered as a Section 8 Company. Later, when he applied for CSR grants, Corporates didn’t even ask for the mission. They checked the paperwork—and the Section 8 stamp did the talking.

Another friend just wanted a weekend art workshop—she kept it simple with a Trust. Low cost, easy, and focused on creativity, not compliance.

What matters is matching your style to the structure. And wherever you fit, know that Lawfinity is like the trusted co-founder who handles the legal while you build change.