In India, a non-profit organization for a charitable purpose can be registered as a Trust, Society and Section 8 Company. A charitable purpose is defined under Section 2(15) of Income Tax Act "charitable purpose" includes relief of the poor, education, yoga, medical relief, Preservation of environment (including watersheds, forests, and wildlife) and preservation of monuments or places or objects of artistic or historic interest, and the advancement of any other object of general public utility".
Trusts, Societies and Section 8 companies are set up to provide service to the community and not with a profit motive. All of them are formed for social welfare and development, but they are not same. A comparative analysis of the differences among them are described below:
|
BASIS OF DIFFERENCE |
TRUST |
SOCIETY |
SECTION 8 COMPANY |
|
Meaning |
It is an agreement between parties, whereby one party holds the ownership of property for the benefit of another party. |
It is a collection of persons, who come together for initiating any literary, scientific or charitable purpose. |
It is a non-profit enterprise formed with a commercial, social, charitable or any other such objective and intends to apply its profits for promoting such objectives. |
|
Registration |
As NGO/Non Profit Organizations |
As NGO/Non Profit Organizations |
As NGO/ NPO, and enjoying the privileges of a limited company without using the words "Limited" or "Private Limited" in its name |
|
Statute |
The Indian Trusts Act, 1882 |
The Societies Registration Act, 1860. |
The Companies Act, 2013. |
|
Regulating Authority |
Deputy Registrar of the relevant area. |
Registrar or Deputy Registrar of Societies of the State. |
Registrar of Companies (ROC) or Regional Director. |
|
Constitution Document |
Trust Deed |
Memorandum of Association and Rules & Regulations. |
Memorandum of Association and Articles of Association. |
|
Minimum Eligibility Requirement |
Minimum 2 trustees |
Minimum 7 members. |
Minimum 2 directors and shareholders. Same person can be director and shareholder. |
|
Stamp Duty |
Non-Judicial Stamp duty is required as per the State Stamp Act, vary from state to state. |
No Stamp duty is required |
No Stamp duty is required |
|
Geographical area of operation |
Whole of India |
State wise, but can operate in whole of India after taking All India Registration |
Whole of India |
|
Legal Title |
Vests in the hands of trustees. |
Held in the name of the society |
Held in the name of the society |
|
Board of Management |
By Trustee or Board of Trustees |
By Managing Committee or by the Governing Council |
By the Board of Directors |
|
Amendments |
Through a supplementary deed |
Through MOA and the Rules & Regulations |
As per the directions given under The Companies Act, 2013 |
|
Annual Compliance |
There are some annual compliance requirement |
Annual filing of list of names, addresses and occupations of members of the Managing Committee, with the Registrar of Societies. |
Annual compliance of filing of accounts and filing of annual return, with the Registrar of Companies (ROC). |
|
Dissolution |
Generally, public trust cannot be dissolved. |
A society may be dissolved with the approval of 3/5th members of the society. |
A Section 8 company may be winded up as prescribed under the Companies Act. |
Therefore, it must be clear that though Trust, Society and Section 8 Company are non-proprietary organizations there are substantial differences in their methods of formation and operation.
The author can be reached at shubhikhandelwal30@yahoo.com
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