Company Logo
Company Logo

Trust / Society to Section 8 Company Conversion

  • Grants a nationally recognized corporate identity under the Ministry of Corporate Affairs (MCA), significantly improving the organization's professional standing.
  • Ensures a more robust and transparent governance framework, which is highly preferred by institutional donors, CSR wings, and international funding agencies.
  • Provides limited liability protection to the promoters and directors, shielding their personal assets from the organization’s debts and legal liabilities.
  • Allows for easier management of property and contracts, as the Section 8 Company holds all assets in its own corporate name with perpetual succession.
  • Enhances eligibility for government grants, subsidies, and participation in large-scale social welfare projects due to stringent regulatory oversight.
  • Facilitates more efficient ownership or management transitions compared to the restrictive trustee-resignation processes in traditional trusts.
  • Offers specialized tax exemptions under Sections 12A and 80G of the Income Tax Act, similar to trusts but within a more formal legal structure.
  • Provides a higher degree of flexibility in defining the roles and responsibilities of the governing board through customized Articles of Association (AoA).

We Are Recognised On

Google Reviews JustDial Trustpilot

We Are Recognised On

Google Reviews JustDial Trustpilot Google Reviews JustDial Trustpilot

Get Quote Instantly

Experience Icon

7 Years

Of Experience

Cases Solved Icon

3622 +

Cases Solved

Awards Gained Icon

10 +

Awards Gained

Trusted Clients Icon

144 k +

Trusted Clients

Queries Solved Icon

36 k+

Queries Solved

Experience Icon

7 Years

Of Experience

Cases Solved Icon

3622 +

Cases Solved

Awards Gained Icon

10 +

Awards Gained

Trusted Clients Icon

144 k +

Trusted Clients

Queries Solved Icon

36 k+

Queries Solved

Experience Icon

7 Years

Of Experience

Cases Solved Icon

3622 +

Cases Solved

Awards Gained Icon

10 +

Awards Gained

Trusted Clients Icon

144 k +

Trusted Clients

Queries Solved Icon

36 k+

Queries Solved

Trust / Society to Section 8 Company Conversion

The conversion of a Public Charitable Trust or a Registered Society into a Section 8 Company is a strategic shift toward a "Corporate-NGO" model. This process is primarily governed by Section 366 of the Companies Act, 2013 (under Part I of Chapter XXI), which allows existing non-profit entities to register as a company limited by guarantee or shares. For the FY 2025–26 cycle, this transition is increasingly favored by NGOs seeking better "Bankability" and a unified digital record on the MCA portal.
In the 2026 MCA V3 regulatory ecosystem, the conversion is a multi-step process that begins with a 3/4th majority resolution from the members or trustees. A unique prerequisite for this conversion is the Public Notice (Form URC-2), which must be published in two newspapers to invite objections from the general public. Furthermore, if
the entity is already registered under Section 12A/12AB, it must intimate the Income Tax authorities about its intention to convert to ensure the continuity of tax exemptions.
A critical requirement for 2026 is the mandatory application for a Section 8 License (Form INC-12), which is now integrated into the incorporation workflow. The organization must provide a detailed "Statement of Assets and Liabilities" (not older than 15 days) and a three-year estimation of future income and expenditure. Additionally, the new Section 8 Company must adopt Audit Trail (Edit Log) enabled accounting software immediately upon incorporation. This ensures that the legacy of the trust or society is transitioned into a highly transparent and unalterable digital ledger, meeting the rigorous standards of modern social governance.

Document Required

Documents
  • 1 Registration Certificate of the existing Trust or Society.
  • 2 Original Trust Deed or Society's Memorandum & Rules.
  • 3 PAN Card of the existing Trust or Society.
  • 4 PAN and Aadhaar of all the proposed Directors and Members.
  • 5 List of Members of the Trust/Society with their occupations and addresses.
  • 6 Statement of Assets & Liabilities certified by a CA (not older than 15 days).
  • 7 Copy of Newspaper Advertisements published in Form URC-2.
  • 8 Estimation of Income & Expenditure for the next three years.
  • 9 No Objection Certificate (NOC) from the Registrar of Societies/Charity Commissioner.
  • 10 NOC from all Secured Creditors (if any debt exists).

For More Information


Visit Us
2nd Floor, Sanali Estate, Abids, , Hyderabad, Telangana , 500001, IN

Comparison

Step Name Short Description Estimated Timeline
Special Resolution Passing a resolution with 3/4th majority to approve the conversion. 1–2 Days
DSC & DIN Acquisition Obtaining Digital Signatures and Director Identification Numbers (DIN). 2–3 Days
Name Reservation (RUN) Reserving a unique name reflecting the NGO's charitable objects. 2–3 Days
Public Notice (URC-2) Publishing a notice in English and vernacular newspapers for objections. 21 Days
URC-1 & SPICe+ Filing Filing the conversion application along with Section 8 license forms. 10–15 Days
Issuance of License & COI Receipt of Section 8 License (INC-16) and Certificate of Incorporation. 5–7 Days

Timeline & Due Dates

Compliance Name Description Due Date
INC-20A (Commencement) Mandatory declaration filed before starting operations (if capital exists). Mandatory declaration filed before starting operations (if capital exists).
12A & 80G Re-registration Applying for fresh tax exemption certificates in the name of the company. 30–60 Days
NITI Aayog (Darpan) Updating the organization's unique ID on the NGO Darpan portal. 30 Days from COI
FCRA Migration Intimating the MHA and migrating foreign contribution licenses. Intimating the MHA and migrating foreign contribution licenses.

Penalty and Non-compliance Risk

Penalty and Non-compliance Risk

Rejection of the Section 8 License by the Regional Director (RD)
Revocation of Section 8 License for deviation from charitable objects
Loss of tax-exempt status under Section 12A/80G
Monetary penalties for non-filing of MGT-14 or INC-20A
Personal liability of directors for misapplication of funds
Prosecution for non-compliance with newspaper advertisement rules
Striking off the company name for failure to commence business

FAQs

Can any Trust convert into a Section 8 Company?

Yes, provided it is a Public Charitable Trust and the deed allows for such a transition or the trustees pass a unanimous resolution.

What is the minimum number of members required?
Is the conversion tax-neutral?
Does the name have to change?
What is Form INC-12?
Is a fresh 12A/80G registration required?
Can the trustees become directors of the company?
What is the significance of the 21-day public notice?
Is an audit mandatory for Section 8 Companies?
What is the "Audit Trail" requirement for 2026?
Can a Section 8 Company pay dividends?
What happens to the Trust's PAN?

Seamless Compliance for Your Business

Focus on growing your business while we handle the complexities of statutory compliance. From GST filing to Annual Audits, our automated systems ensure you never miss a deadline.

CA
  • GST Filing & Reconciliation
  • Income Tax Returns (ITR)
  • TDS/TCS Returns
  • Statutory & Tax Audit
  • ROC Company Filings

What Our Clients Say

Discover what our satisfied clients have to say about their experience working with us

Sandeep Reddy
Founder, Retail Trading Business
" ARK Advisors made our audit process smooth and stress-free. Clear checklist, timely follow-ups, and very practical guidance. "
Anusha Sharma
Partner, Professional Services Firm
" Their team quickly identified compliance gaps and suggested actionable fixes. Reporting was crisp and easy for management to understand. "
Rohit Kulkarni
CFO, Manufacturing Unit
" We got strong process recommendations and control improvements. The audit insights genuinely helped us reduce leakage and improve discipline. "
Meghana Rao
Director, Startup
" Professional, responsive, and very transparent. They explained everything in simple terms and kept the entire process on schedule. "
Imran Khan
Owner, Hospitality Business
" The team ensured our documentation was audit-ready and supported us throughout. Great experience and strong attention to detail. "

Let's discuss your new business!

Looking for collaboration? ARK Advisors Llp