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 Commisioner | Registrar of Societies - For Maharastra Charity Commissioner | Registrar of Comapnies |
Legislation / Statute | Relavent state Trust Act - Bompany Public Trust Act 1950 | Societies Registration Act 1860 | Indian Companies Act 1956 |
Objects | Social benefits & Charitable | Literary, 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 registrar | No 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 Management | By Election | By Election | By 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 Status | Limited Legal Status | Limited Legal Status | Full Legal Status |
Statutory Regulations | Nominal | Limited | Maturable - Exhaustive |
Membership Transfer | Impossible | Impossible | Free 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 State | Possible | Possible | Very risky and difficult |
Payment to Members | As notified in Trust deed | Not restricted | As approved by Company & State. |
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