Friday, 8 June 2018

Why to opt for Trust and not Society?

Why to opt for Trust and not Society?

One of my client walked in to ask if he can register a Non-Profit Organization for social
cause so that to contribute to the society as he was fond of dogs. He wanted to help in
treatment of stray dogs. However, due to lack of personal funds, he was unable to contribute completely.
He asked us, if he can register it without spending much. We suggested Trust or Society. Here’s the difference between both;


Summary
Trust under Indian Trust Act, 1882
Society under Societies Registration Act, 1860

Also known as
Private Trust and Charitable Trusts
Society
Best use of Company
Charitable/ religious purpose, generally the founder transfers a property/ asset for a specific charitable purpose
For social welfare
Eligibility Criteria
Minimum three (3) members required
Minimum ten (10) members required out of which 8 to be from different states if being registered at All India level
Deciding name
Generally, names are available
Only non-registered unique names are available
Area of Operation
In India
Covers India only in case of Society being registered at All India level
Controlling power
Only Settler
Any depends upon voting by the members in majority
Winding Up
Not possible
Possible when 3/5th members votes

Best part is both are Eligible for Income Tax Exemption after Registration u/s 12A & 80G. Both are Eligible for receiving Foreign Contribution after Registration under FCRA and for receiving Govt. grants and benefits

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