Comparison

Comparison

S. No.Basis of DifferenceTrustSocietySection 8 Company
1.Governed under which LegislationIndian Trust Act, 1882Societies Registration Act, 1860The Companies Act 2013
2.Regulatory AuthorityRegistrar of the relevant area is authorized to regulate and register a Trust.Registrar of the relevant area is authorized to regulate and register a Trust.Registrar of the Companies of the State in which the Section 8 companies registered office is located will have the authority to register and regulate it.
3.Constitution DocumentTrust DeedMemorandum of Association & Rules and Regulations/ Bye LawsMemorandum of Association & Article of Association
4.Stamp Duty

Required

The value of stamp duty is depending upon the value of the Trust property.

Not required

Required

The value of stamp duty is depending upon the value of the Company property.

5.Members RequiredMinimum two personsMinimum seven personsMinimum two persons are required for a private limited company and Seven persons for a public limited company
6.ManagementTrust is managed by their TrusteeSocieties are managed by members of Governing body.Board of Directors is solely responsible for the management.
7.OwnershipTrustees are the owner of the Trust properties.Society itself is the owner of the society properties.Company is the absolute owner of the property.
8.DissolutionGenerally, public trust cannot be dissolved.A society may be dissolved with the approval of 3/5th members present and voting in the general meeting of the society.A Section 8 company may be winded up as per the provisions prescribed under the Companies Act.
9.Annual ComplianceNot requiredWithin 14 Days from the next day of the AGM file updated list of governing body with the registrar of the societies as prescribed in Societies Registration Act.Required to file its annual return and annual accounts within specified time with the Registrar of companies.
10.Transparency in workingLowLowWorking is highly transparent as everything is into public domain.
11.Grant of subsidy by the governmentModerately preferredModerately preferredMost preferred
12.Foreign Contribution Regulation Act, (FCRA) registrationModerately preferredModerately preferredMost preferred
13.Change in the board of directors/ trustees MembersIt’s very easy in case of a Trust if the testator is there.Society functions through the governing council and any change are to be as per the constitution documents.Easy
14.Time Period involved in registration/ formation 20-25 working days20-25 working days
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