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NGO registration in India: choosing between a trust, a society and a Section 8 company

“NGO” is not a legal form in India. You register one of three structures, and then add the tax and funding approvals that let it receive donations, CSR money and grants. The structure you pick decides how easy those later steps are.

Reviewed by Vijay Dhawan, Managing Partner, LexVerge LLP · Published

Quick answer

An NGO in India is registered as a trust, a society or a Section 8 company. A trust is fastest to set up, a society suits member-run bodies with at least seven founders, and a Section 8 company carries the most credibility with CSR donors. Each then needs 12A and 80G for tax benefits.

  • Trust: 1 to 2 weeks; society: 3 to 8 weeks
  • CSR funding needs CSR-1 registration
  • Foreign donations need FCRA

The three structures side by side

TrustSocietySection 8 company
LawIndian Trusts Act 1882 (private) or state public trust ActsSocieties Registration Act 1860 or state ActCompanies Act 2013, section 8
Minimum foundersA settlor and, in practice, 2 trustees7 members2 directors and 2 members (private company)
Registered withSub-registrar; Charity Commissioner in some statesState Registrar of SocietiesRegistrar of Companies, online through MCA
Typical time1 to 2 weeks3 to 8 weeks3 to 5 weeks (licence plus incorporation)
ControlStays with the trustees; new trustees only as the deed allowsMembers elect the governing bodyBoard and shareholders; changes by resolution and MCA filing
Ongoing complianceLightestModerate, state-dependentHeaviest: board meetings, AGM, ROC filings, statutory audit
Credibility with CSR and large donorsGoodGoodHighest, because of MCA oversight and public filings
Operates across statesYesYes, though some registrars expect state-level membershipYes

All three can get 12A and 80G, receive CSR funds, and apply for FCRA. None can distribute profit to its founders.

Which one should you choose?

  • Choose a trust if a family or a small group wants to fund and run a charity, keep control tight, and move fast. Most family foundations and many schools and temples are trusts.
  • Choose a society if the organisation is built around members: an association, alumni body, resident welfare association, sports club or research network where members should elect the leadership.
  • Choose a Section 8 company if you plan to raise serious CSR or institutional money, work with international donors, or professionalise with a board. The extra compliance buys credibility.

Converting later is possible but painful: a trust cannot simply become a Section 8 company, it has to transfer its assets to a new entity. Choose with the next five years of fundraising in mind.

How each is registered

After registration: the approvals, in order

StepWhat it gives youNotes
1. PAN and bank accountThe legal basicsA Section 8 company gets PAN and TAN at incorporation
2. 12A (now section 332) registrationThe NGO’s own income becomes exemptApply for provisional registration in Form 104 before starting activities
3. 80G (now section 354) approvalDonors can deduct their donationsUsually applied together with 12A; see our 12A and 80G guide
4. NGO Darpan IDUnique ID on the NITI Aayog portalNeeded to apply for most central government grants
5. CSR-1 registrationEligibility to implement CSR projects for companiesFiled on the MCA portal; needs 12A and 80G. Some categories of agency also need a three-year track record in similar work
6. FCRA registration or prior permissionPermission to receive foreign contributionsRegistration currently needs about three years of existence and a minimum spend on core activities; a newer NGO can apply for prior permission for a specific donor

Costs to expect

Government fees are small for all three. The real cost is professional work on the deed, memorandum or articles, and getting the objects right for 12A. Stamp duty on a trust deed and fees for societies vary by state. A Section 8 company pays MCA fees based on its authorised capital, which is usually kept low. FilingBase registers a Section 8 company from ₹4,999; trusts and societies are quoted after we know the state.

Mistakes to avoid at the start

  • Vague or commercial objects. “Any activity for public good” or objects that include trading draw objections when you apply for 12A. List specific charitable purposes.
  • Founders who can benefit. Clauses that let trustees or members draw salaries without limits, or take assets on dissolution, will block tax exemption.
  • Starting activities before applying for 12A. The provisional application is meant to be filed before activities begin, and the regular application clock starts from the day they do.
  • Accepting a foreign donation without FCRA. Even a small contribution from an NRI with a foreign passport or a foreign foundation needs FCRA cover. Returning it is often the only remedy.
  • Taking cash donations. Donors lose the 80G deduction above ₹2,000 in cash, and large cash receipts attract scrutiny.
  • Picking the wrong state. A trust in Maharashtra or Gujarat has extra Charity Commissioner compliance; a society in some states needs members from several districts. Register where you will actually operate.

Frequently asked questions

Which is the best form of NGO in India?

There is no single best. A trust is fastest and simplest to control, a society suits member-run bodies, and a Section 8 company carries the most credibility with CSR and institutional donors but has the heaviest compliance.

How much does it cost to register an NGO?

Government fees are small in every case. Most of the cost is drafting and professional fees, plus state stamp duty for a trust. A Section 8 company through FilingBase starts at ₹4,999.

Can an NGO receive CSR funds straight after registration?

It needs 12A and 80G first, then CSR-1 registration on the MCA portal. Some categories of implementing agency also need a three-year track record in similar activities.

Does an NGO need 12A and 80G?

Not to exist, but without 12A its surplus is taxed, and without 80G its donors cannot claim a deduction. Almost every NGO applies for both.

Can an NGO receive foreign donations?

Only with FCRA registration or prior permission from the Ministry of Home Affairs, through a designated account at SBI’s New Delhi Main Branch.

Reviewed by Vijay DhawanManaging Partner, LexVerge LLP · checked against current MCA, GST and Income-tax rules

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Official references

The statutory sources behind this page. We keep our guidance aligned to them — verify anything time-sensitive directly.

Content on this page is reviewed by a chartered accountant or advocate at LexVerge LLP. It is general guidance, not advice on your specific facts.

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