Section 8 Company vs Trust vs Society: Which is Right for Your NGO?

Starting an NGO is a noble decision, but before diving into social work, there’s one big question every founder must answer — What is the right legal structure for my NGO? In India, you can register an NGO as a Section 8 Company, a Trust, or a Society. Each structure comes with its own set of benefits, compliance requirements, and suitability depending on the kind of work you want to do.

At EGSTIN, we help hundreds of changemakers every year with NGO registration, and in this post, we’ll break down the differences between these three legal forms, helping you choose the one that best aligns with your mission.

Why Legal Structure Matters for an NGO

Before we jump into the comparison, let’s understand why choosing the right structure is important:

• It affects how your NGO is governed.
  

• It determines your legal and tax benefits.
  

• It influences your credibility with donors and government agencies.
  

• It defines your ability to raise foreign and local funds.
  

• And it impacts your compliance burden.
  

So, let’s compare the three types of NGO Registration options in India.

1. Section 8 Company

A Section 8 Company is registered under the Companies Act, 2013, and is specifically meant for promoting charitable objectives like education, poverty relief, environmental protection, and more.

Key Features:

• Regulated by the Ministry of Corporate Affairs (MCA).
  

• Requires at least 2 directors and a registered office.
  

• Needs approval from the Central Government.
  

• Profits (if any) are reinvested in the NGO's work, not distributed to members.
  

Pros:

• High credibility due to regulatory oversight.
  

• Eligible for foreign donations (FCRA).
  

• Easier to attract CSR funding from corporates.
  

• Suitable for larger operations or those seeking international recognition.
  

Cons:

• Complex and time-consuming registration process.
  

• Requires regular compliances like audits, annual filings, and board meetings.
  

• Costs more to register and maintain compared to Trust or Society.

2. Trust

A Trust is the oldest and simplest form of NGO in India, governed by the Indian Trusts Act, 1882 (or respective state acts if applicable). It is created when a settler transfers property to trustees for charitable purposes.

Key Features:

• Requires a minimum of 2 trustees.
  

• Governed by a Trust Deed that defines its purpose and functioning.
  

• Ideal for philanthropic work, such as running schools, orphanages, or old age homes.
  

Pros:

• Easy to register, especially at the local Sub-Registrar office.
  

• Low cost of Trust Registration and maintenance.
  

• Suitable for family-run charitable activities or legacy projects.
  

• Can apply for 80G and 12A income tax exemptions.
  

Cons:

• Less flexibility in governance.
  

• Not all states have well-defined trust laws.
  

• Lack of transparency can make it harder to attract large donations or funding.

3. Society

A Society is registered under the Societies Registration Act, 1860 and is ideal for groups that want to work collectively on social or cultural issues, like running libraries, music academies, welfare campaigns, etc.

Key Features:

• Requires a minimum of 7 members from different states if planning to register at the national level.
  

• Governed by Memorandum of Association (MOA) and Rules & Regulations.
  

• Managed by a Governing Body or Managing Committee.
  

Pros:

• Flexible structure for decision-making.
  

• Easy to form for collective initiatives like federations, clubs, or community centers.
  

• Can get government grants and tax exemptions.
  

• Suitable for NGOs focused on awareness, education, and advocacy.
  

Cons:

• State-specific laws can cause inconsistency.
  

• Annual filings required with the Registrar of Societies.
  

• Public perception and credibility may be less than a Section 8 Company.

Which is Right for You?

The right choice depends on your vision, scale, funding expectations, and team structure.

• Choose a Section 8 Company if you are serious about scaling your NGO, seeking grants from abroad, or applying for CSR funds.
  

• Go for Trust Registration if your work is localized, family-led, and you want minimal compliance.
  

• Opt for Society Registration if you’re forming a group-based initiative with members from different states and plan to do awareness or advocacy work.

How EGSTIN Can Help

At EGSTIN, we specialize in helping founders and social entrepreneurs navigate the complex world of NGO compliance. From choosing the right legal form to handling documentation, Trust Registration, Society Registration, and Section 8 Company setup, we simplify the entire process.

Whether you're starting small or planning to build the next big charitable institution, we guide you every step of the way — from paperwork to post-registration compliance.

Final Thoughts

Starting an NGO is a beautiful way to give back to society. But it begins with making the right legal choice. Take time to understand the differences, evaluate your goals, and then register the structure that fits your long-term vision.

Still confused about which structure to choose? Don’t worry — EGSTIN is here to help.