Trust / Society to Section 8 Company
Trust / Society to Section 8 Company
Many NGOs eventually outgrow the traditional trust or society structure. When they start seeking large-scale funding, CSR partnerships or greater governance credibility, shifting to a Section 8 Company becomes the ideal step. It offers a stronger legal framework, recognised corporate governance, easier compliance for donors and better long-term sustainability.
The transition requires careful planning because assets, activities and governing documents must be legally transferred and fully aligned with MCA rules.
What We Assist With
• Eligibility check and guidance on whether Section 8 is the right structure
• Drafting Board/Managing Committee resolutions
• Preparing MOA, AOA and Section 8 licence application
• Filing SPICe+ forms and MCA documentation
• Transferring assets, activities, registrations and ongoing programmes
• Updating bank accounts, FCRA, GST and statutory records
• Post-conversion advisory and compliance setup for the new entity
Why Organisations Choose Section 8
• Higher credibility for CSR, grants and donor partnerships
• Clear governance with a corporate board structure
• Stronger legal protection for members
• Easier to scale activities across states
• Better compliance acceptance from government bodies and corporates
Frequently Asked Questions
Yes, as long as its objectives are charitable, non-profit in nature and aligned with Section 8 requirements. Proper dissolution or restructuring rules must be followed.
A Section 8 Company is incorporated as a new entity. The trust/society then transfers its activities, assets and obligations through proper resolutions and agreements.
Yes. A formal resolution from trustees or the managing committee is mandatory.
SPICe+ (INC-32), MOA (INC-13), AOA, and the Section 8 licence application (INC-12), along with declarations, financials and supporting documents.
The Section 8 Company gets a new PAN. GST, 12A, 80G, FCRA and other registrations must be migrated or reapplied depending on rules.