Section 8 Company-These are companies or organizations are also known as the Non-Profit Organization can be registered as a society. Companies under Section 8 mainly follows Companies act, 2013. A special license is granted under section 8 to drop the words Private Limited or Limited from their name.
Trusts are the forms of a charitable organization which can be Public or Private Limited. In these organization private company are formed for family welfare. These kinds of trust are not charitable trust governed by the Indian Trusts Act. This Act is not applicable to public trusts.
In the case of the public, a person wants to dedicate their own property to a specific cause. In this fundraising is not suitable when you want to raise funds from the public for the trust's activities. Trust formed anywhere in India can operate all over in India. The company should be a charitable object.
Section 8 Company works under Indian Company Act,2015 whereas The Trust is governed by The Indian Trust Act, 1882.
Section 8 company's main instrument is Memorandum of Association and Article of Association which has certain rules and guidelines which should be strictly followed. Trust deed is the main instrument because the trust is established for humankind.
Section 8 Company should have a minimum of 2 members and for a private company and 7 members for the public company and managed by the director whereas in Trust there is a requirement of only 2 trustees and there is No upper Limit. Trust is controlled by the trustees.
Jurisdiction and Stamp duty
Section 8 follows the jurisdiction of the power to register lies in the hand of Regional Director & Registrar of Companies of the concerned state. Whereas trust follows jurisdiction of Deputy Registrar/Charity commissioner of the relevant area.
There is no requirement of the stamp duty in Section 8 Company for the MOA and AOA whereas in a non-judicial stamp is required which vary state to state.
Time for registration
Section 8 Company takes 60-75 days to get registered and can be dissolved but the Trust takes 15-20 days and it is irrevocable.
In Section 8 Company there is no requirement of annual compliance by the filing of annual accounts and the return of the company with the ROC. Whereas trust does not require any annual return filing.
Case of inactiveness
In section 8 upon dissolution, all debts, liabilities, funds, and property of the company may not be distributed among the members of the company. Funds need to be transferred to other section 8 company preferably similar objects as the dissolved entity. Whereas the Trust becomes inactive in case negligence of trustees. Some steps can be taken trustees by the Charity Commissioner Object of trust is a difficult job.
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