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Thursday, June 5, 2014

Formation Of NGO: Differences Of Trust, Society, Foundation

Difference between trust, society, and nonprofit company. Before formation of a nonprofit or NGO

Formation of Nonprofit NGO :

Difference between trust, society, and nonprofit company. Before formation of a nonprofit or NGO, learn the difference between types of organizations in India. After your analysis you shall know how you can form a nonprofit organization.
This page is only for idealogical purpose and for knowledge learning. Its a best practice to consult with your Lawyer, Auditor and professional towards formation of NGO.
Please be clear before starting a social organisation. Several NGO organisations are sleeping only with certifications. If you do not have solid financial resource to run your organisation, please don't jump in formation of NGO, only with your desires and willingness to do for the society and public. You can join with other organisations to dedicated your social service mind.


Differencial factors

Trust

Society

Nonprofit Company
    
Basic Document
  Trust Deed - which contains objects of the trust (bye-law)Memorandum of Association
Articles of Association with rules & regulations.
Memorandum of Association
Articles of Association
     Formation  Very Easy  Simple  Little Hard
  
Jurisdiction
Deputy Registrar / Charity CommisionerRegistrar of Societies -
For Maharastra Charity Commissioner

Registrar of Comapnies

Legislation / Statute
Relavent state Trust Act - Bompany Public Trust Act 1950Societies Registration Act 1860Indian Companies Act 1956
       ObjectsSocial benefits & CharitableLiterary, Charitable, Scientific and resource oriented  Nonprofit Activities
        
     Re-ammendment or    
     Modification of Objects
  Alteration can be undertaken only by the Founder or settler.
If the founder deceased alteration of objects is impossible

Easy
Legal Procedures

Complicated
Legal Procedures
   
Required Members
     Minimum = 2
     Maximum = No limit
      Minimum = 7
     Maximum = No limit
      Minimum = 7
     Maximum = No limit

Registration
 
As Trust with the Registrar.
As Society with Society Registrar - Both as a society and a trust in some states like Maharastra.As per Companies Act
under Section 25

Stamp Duty
4% of Trust property Value will be executed in non judicial stamp paper with the registrarNo stamp paper required for Memorandum of association, and rules and regulations.No Stamp paper required for Memorandum of association and articles of association.

Name

Very easy to choose

Very easy to choose
Prior approval required from Registrar of Companies.

Management Board

Trustees

Governing Body
Board of Directors &  Management committee
Succession in ManagementBy ElectionBy ElectionBy Appointment

Meetings

No provisions
Annual Meeting As per Law. Governing Body meeting as per the rules of Society.Quite Extensive as per the provision of Company Law
Legal StatusLimited Legal StatusLimited Legal StatusFull Legal Status
Statutory RegulationsNominalLimitedMaturable - Exhaustive
Membership TransferImpossibleImpossibleFree or Control as per desire.

Member Admission

Not applicable

Governing Body Control
General Body or Board Control through issue of Capital.
Dissolution or Take over by StatePossiblePossibleVery risky and difficult
Payment to MembersAs notified in Trust deedNot restrictedAs approved by Company & State.
- See more at: http://www.nonprofitngo.com/indian-ngo/formation-of-nonprofit-ngo/#sthash.PIPgxexZ.dpuf

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