Procedure of trust registration in West Bengal is as follows: Which is better NGO or trust?

BPA
02-07-24

Selecting between establishing a trust and creating an NGO (Non-Governmental Organization) can be crucial for having a beneficial social impact. Particularly in West Bengal, where distinct regulatory frameworks are in place, each has its own advantages and procedures. This blog explores the nuances of both registration procedures and provides information on which might be more advantageous for your charitable aims.

West Bengal Trust Registration

The Indian Trusts Act, 1882, governs the organized process of registering a trust in West Bengal. Usually, the process entails the following steps:

Creating a Trust Deed : The most important document for registering a trust is the trust deed. It describes the trust’s goals, trustees, and beneficiaries. To guarantee clarity and conformity with legal standards, it must be carefully designed.
Choosing Trustees : Trustees are the people or organizations in charge of running the trust. Their authority, duties, and responsibilities must all be spelled out in detail in the trust agreement.
Submission to the Registrar : The trust deed must be delivered to the West Bengal Registrar of Trusts together with the required paperwork, including evidence of the trustees’ identities, the registered office’s address, and a list of the trust’s assets.
Payment of Registration Fees : The registration procedure requires the payment of a small charge. The trust property’s value and other variables may affect the charge schedule.
Verification and Certificate Issue : After receiving the paperwork, the Registrar checks to make sure everything is in order before issuing a certificate of registration. The trust is officially recognized by this certificate.

West Bengal NGO Registration

In India, NGOs can be registered under a number of Acts, including the Companies Act, 2013 (for a non-profit business) and the Societies Registration Act, 1860. Below is a summary of the Societies Registration Act’s procedure:

Creation of a Governing Body : An NGO’s governing body, which will oversee the organization’s operations, must consist of at least seven members.
Writing the Rules and Regulations and the Memorandum of Association (MoA) : The rules and regulations describe the management structure, membership requirements, and procedural standards, while the memorandum of agreement (MoA) sets forth the goals, mission, and operating principles of the NGO.
Submission of the Application : The application must be sent to the Registrar of Societies together with the MoA, the rules and regulations, and supporting documentation such as the members’ identity and address evidence.
Payment of Fees : During submission, a registration cost that varies according to state rules must be paid.
Verification and Certification : The Registrar checks the documentation and, if satisfied, grants the NGO legal recognition by issuing a certificate of registration.
Comparing : Trust And NGO Flexibility and the Legal Framework

NGOs : NGOs provide greater administrative and structural flexibility. Their registration under several acts offers a variety of operational methods. This adaptability makes it possible to engage in a wider range of activities and quickly adjust to shifting requirements.
Trusts : With a primary focus on the trust deed, trusts are subject to a more stringent legal framework. In comparison to NGOs, this can offer greater stability but less flexibility.
Responsibility and Oversight
NGOs : NGOs usually have a more democratic governance structure, with a governing body that guarantees group decision-making. Transparency and accountability may benefit from this.
Trusts : Because trusts are often controlled by a small number of trustees, decision-making is done at a higher level of centralization. Decisions can be made more quickly as a result, but accountability may suffer.

Tax Benefits and Funding

NGOs : Under Sections 12A and 80G of the Income Tax Act, NGOs frequently have easier access to government grants, foreign funding, and tax exemptions. They are therefore desirable for significant social endeavors.
Trusts : Trusts have the same tax advantages as NGOs, but they could have more difficulty getting international funding. But because of their solid structure, trusts may be a better option for handling money belonging to family members or charities.
Compliance and Reporting
NGOs : More demanding reporting standards, such as yearly returns and audits, must be met by NGOs. Increased administrative labor is required, but better transparency is ensured.
Trusts : For smaller or family-focused philanthropic endeavors, trusts are easier to administer due to their comparatively lower compliance requirements.

Which Is Excellent?

A trust or an NGO should be chosen based on your unique needs and goals. An NGO can be a better choice if you’re looking for flexibility, more funding options, and a democratic governance structure. A trust, on the other hand, can be more appropriate if you want a centralized, stable, and less administratively onerous organization.

Expert support

It might be difficult to navigate the registration process for trusts and NGOs. Expert services like those provided by Banshi Advocates, B. Pramanik & Associates, Banshi Professional and Kolkata Law Firm can be very helpful. These companies offer professional consultation to guarantee a seamless and compliant registration process. They specialize in NGO and trust registration in West Bengal.

For more information and professional assistance with NGO and trust registration, contact Advocate B. Pramanik & Associates.

Website : www.bpramanikassociates.com

Contact : www.bpramanikassociates.com/contact/

Phone Number : +919339055647 / +916289064067

Address : 158, Dum Dum Rd, Ghosh Para, Dum Dum, Kolkata, West Bengal 700030

Best Trust Registration Consultant in Kolkata, West Bengal

Office at the Banshi® Advocates
First Floor – 211, SDF Building, Sector V, Salt Lake City, Kolkata – 700091, West Bengal, India

Best Trust Registration Lawyer in Kolkata, West Bengal

Email : banshiadvocates@gmail.com