NGO Incorporation | PE Setup Services India

Non-Governmental Organizations were originated from Article 71 of the United Nations Act in 1945.

An NGO can be any kind of an organization provided that it is independent of government influence and is not-for-profit.

In the Indian economic system, an NGO structure has been fairly divided into three different categories namely: Trusts, Societies & Section 8 Companies.

Salient features of all three categories have been mentioned below:

TRUST

1. Governed by the Indian Trust Act, 1982 except for the states Gujrat & Maharashtra; A Trust can be incorporated in India by any person, AOP, HUF, Company, etc provided there are at least 2 persons who can lay the foundation of trust by signing a Trust Deed.
2. Trusts in India are incorporated into 2 sub-categories namely:

• A Private Trust, which is created for a closed group i.e, its beneficiaries can be identified. Eg: A trust created for the relatives, friends, sister concerns of the author.
• A Public Trust, which is created for a large group, i.e. for the general public wherein individual beneficiaries cannot be ascertained in specific.

1. A trust can simply be incorporated by registering the Trust deed with the Jurisdictional registrar and is valid to operate PAN India.

What makes a Trust different from a society and a section 8 company? A trust is an agreement between parties, whereby one party holds the ownership of a property for the benefit of another party, and the legal title of the property vests in hands of the Trustees.

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