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Section 8 Company vs Trust vs Society: NGO Structures Compared

Choosing the right legal form for your non-profit.
23 September 2026 by
Section 8 Company vs Trust vs Society: NGO Structures Compared
Gaurav Kumar
Business RegistrationComparison3 min read
The short answer

A Section 8 company offers the strongest governance and credibility, preferred by CSR and foreign donors, but has the most compliance. A trust is simplest to form and control, suited to founder-led charities. A society is member-driven and democratic, suited to associations. All three can get 12A, 80G and FCRA if eligible.

Most credibleSection 8 company
SimplestTrust
Member-drivenSociety
Tax exemption12A and 80G available to all

Comparison table

FactorSection 8TrustSociety
LawCompanies Act, 2013Trust deed; state lawsSocieties Registration Act
Minimum people2 directors, 2 membersSettlor and trustees7 members
RegistrationMCASub-Registrar or Charity CommissionerRegistrar of Societies
ControlBoard and membersTrusteesElected governing body
ComplianceHighLowModerate

Choose a Section 8 company if

  • You seek CSR or large institutional funding
  • You want transparent, regulated governance
  • You plan to operate nationally

Choose a trust if

  • Founders want stable control
  • The charity is family or founder-led
  • You want minimal compliance

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Choose a society if

  • Many members will participate
  • You want democratic elections
  • It is an association, club or institution

Frequently asked questions

Which NGO type is best for CSR funds?

All three can receive CSR funds if registered under 12A and 80G and on the MCA CSR-1 register, but Section 8 companies are often preferred by corporates for governance reasons.

Which NGO type is easiest to close?

Trusts and societies can be dissolved as per their deeds and rules, while Section 8 companies follow Companies Act procedures and assets must go to similar organisations.

Can all NGO types get FCRA?

Yes, subject to meeting FCRA eligibility conditions such as years of existence and spending.

Can the founders draw salaries?

Reasonable remuneration for services is generally permitted, but profits cannot be distributed. Trustees' remuneration is restricted in many trust deeds and state laws.

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Keep reading

12A vs 80G Registration: Differences Every NGO Should Know
Two tax registrations with different beneficiaries.