somesh@sschandak.com
Thane | Mumbai | Bangalore
Mon-Sat: 10AM-7PM

Choosing between a public trust, a society and a Section 8 company decides how your non-profit will be governed, funded and audited for decades — and Maharashtra adds its own layer with the charity commissioner's regime. Set up the right vehicle first; retro-fitting governance is expensive.

When this service is typically required

  • Founders want to formalise charitable/educational/religious work
  • A CSR-funded programme needs an eligible, compliant vehicle
  • The 12A/80G tax layer must follow registration — how that works
  • An existing trust/society needs change reporting or compliance revival

Indicative scope

  • Vehicle selection: trust vs society vs Section 8, on funding and governance plans
  • Drafting: trust deed / MoA & rules with workable clauses, not boilerplate
  • Registration before the appropriate authority (including Maharashtra public-trust registration where applicable)
  • PAN and the 12A/80G pathway sequenced correctly
  • Change reporting and annual compliance calendars post-registration

Key points at a glance

ItemPosition
Maharashtra layerPublic trusts register with the Charity Commissioner; societies in the state carry dual character
GovernanceThe deed/rules ARE the constitution — succession and powers deserve real drafting
Tax layer12A/80G (and CSR-1, FCRA later) build on a clean registration
DonorsInstitutional funders diligence documents before cheques

Deliverables

The executed deed/MoA, registration certificate, PAN, the 12A/80G application set as scoped, and the first-year compliance calendar.

Information and documents generally required

Founder/trustee KYC, registered-address proof, objects in plain language, and the honest funding plan (it drives vehicle choice).

Engagement process

01 · Choose vehicleStructure matched to mission and money.
02 · Draft & executeConstitution written to be used.
03 · RegisterAuthority filings to certificate.
04 · Tax layer12A/80G sequenced next.

Client responsibilities, assumptions and reliance

Objects and governance choices are the founders'; authority timelines are the registrar's. Names and objects must be truthful — charitable vehicles attract scrutiny precisely because of their privileges.

Scope exclusions

FCRA registration (its own engagement once eligibility ripens), litigation before charity authorities, and CSR fund-raising itself.

Frequently asked questions

Trust, society or Section 8 — the short answer?

Control-with-simplicity → trust; member-democracy → society; institutional-funding credibility → Section 8. The selection memo applies your facts, not folklore.

Can family members be the only trustees?

Often yes legally — but funder diligence and 80G optics favour breadth; the governance design weighs both.

How soon can we take donations?

On registration and PAN you can receive; 80G benefit to donors needs its approval first — sequence set in the plan so no donor is promised what does not yet exist.

Based in Maharashtra — extra steps?

Yes — the Charity Commissioner's regime (registration, change reports, accounts/audit thresholds) sits alongside; the calendar covers it.

Discuss this requirement

The applicable scope, documentation, professional responsibilities and timelines are agreed in an engagement letter before commencement.

NGO Compliance (12A/80G/FCRA)Exemptions & FilingsNGO AccountingRequest a Scope Discussion

This page describes the service in general terms as on 6 August 2026 and is not professional advice or an assurance of any outcome. Registrations, filings, refunds and departmental outcomes depend on facts and the concerned authority. Figures and due dates change; verify current positions before acting.

What's Included

  • Vehicle selection: trust vs society vs Section 8, on funding and governance plans
  • Drafting: trust deed / MoA & rules with workable clauses, not boilerplate
  • Registration before the appropriate authority (including Maharashtra public-trust registration where applicable)
  • PAN and the 12A/80G pathway sequenced correctly
  • Change reporting and annual compliance calendars post-registration

Our Process

1
Choose vehicle

Structure matched to mission and money.

2
Draft & execute

Constitution written to be used.

3
Register

Authority filings to certificate.

4
Tax layer

12A/80G sequenced next.

Get Started

Have questions about this service? Contact us for a free consultation.

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