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Trust or Society to Section 8 Company Conversion | Beyonte Compliance
Business Services ยท Non-Profit & Social Sector

Trust or Society to Section 8 Company

Convert your charitable trust or registered society to a Section 8 Company (non-profit) โ€” INC-12 licence application, MOA and AOA drafting with non-profit objects, and Certificate of Incorporation from ROC.

  • ๐Ÿ›๏ธ Section 8 Company
  • ๐Ÿ“„ INC-12 Licence
  • ๐Ÿข Non-Profit MOA
  • โœ… Trust/Society Transfer
  • ๐Ÿ“ฌ New CoI
๐Ÿ›๏ธ

Convert your trust or society to a Section 8 Company

Share your trust or society details. We handle the INC-12 application, MOA drafting and full incorporation.

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What We Handle

A complete trust or society to section 8 company package

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Eligibility & Objects Review

Review of trust deed / society bye-laws to ensure objects qualify for Section 8 โ€” charitable, educational, scientific or social.

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INC-12 Licence Application

Application for Section 8 licence filed with the Regional Director โ€” with objects, financials and declaration.

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MOA & AOA Drafting

MOA with non-profit objects drafted โ€” AOA specifying no dividend distribution to members.

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First Directors & Members

Minimum 2 directors (3 for public Section 8) and 2 members โ€” trustees / governing body members become directors.

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INC-7 Incorporation

After licence, company incorporated via INC-7 โ€” Certificate of Incorporation received.

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Asset & Registration Transfer

Trust or society assets transferred to Section 8 company โ€” bank accounts, GST, 12A and 80G transferred.

Key Requirements

What is needed for trust or society to section 8 company

Charitable Objects Required

Section 8 licence is granted only for companies promoting commerce, art, science, education, religion, charity or social welfare.

INC-12 to Regional Director

Licence application (INC-12) is filed with the Regional Director โ€” not directly with the ROC.

No Dividend Distribution

Section 8 companies cannot distribute profits or dividends to members โ€” profits must be applied to objects only.

INC-7 After Licence

Incorporation application (INC-7) is filed only after the Regional Director grants the Section 8 licence.

12A and 80G Registration

After incorporation, 12A (income tax exemption) and 80G (donor tax benefit) must be applied for separately.

Society/Trust Not Auto-Dissolved

The existing trust or society does not automatically dissolve โ€” formal dissolution with the registering authority is required.

ℹ️

The Section 8 licence is granted by the Regional Director โ€” not the ROC. The licence application (INC-12) must include a declaration of non-profit intent, a projected income-expenditure statement and justification for the charitable objects. Incomplete applications are returned with queries.

Common Pitfalls

Common issues with trust or society to section 8 company

Objects not charitableLicence rejected if objects include commercial activity or profit motive โ€” objects must be purely non-profit.
INC-7 filed before INC-12 approvalIncorporation attempted before licence is received โ€” rejected by ROC.
Dividend clause in AOAAOA contains a dividend clause โ€” disqualifies the company for Section 8 status.
Old trust not dissolvedTrust or society continues alongside the Section 8 company โ€” dual entity confusion and tax issues.
12A and 80G not appliedSection 8 company not tax-exempt โ€” donors receive no tax benefit โ€” fundraising affected.
Asset transfer not documentedAssets informally moved from trust to company without proper transfer deed โ€” ownership disputed.
How It Works

Simple steps, no surprises

1

Eligibility confirmed

Trust/society objects reviewed โ€” eligibility for Section 8 confirmed โ€” key members / trustees identified.

2

INC-12 filed with Regional Director

Licence application filed โ€” projected income-expenditure, declaration and supporting documents attached.

3

Licence received and INC-7 filed

Regional Director issues licence โ€” INC-7 incorporation filed โ€” Certificate of Incorporation received.

4

Transfer and registrations

Assets transferred from trust/society, old entity dissolved, 12A and 80G applied for new Section 8 company.

FAQ

Frequently asked questions

A Section 8 Company is a non-profit company incorporated under Section 8 of the Companies Act 2013 for the promotion of charitable, educational, scientific, artistic, social or other similar objects. It cannot distribute dividends to its members โ€” profits must be applied towards its stated objects.

There is no direct conversion mechanism. The trust promoters must incorporate a fresh Section 8 Company โ€” with the same or similar charitable objects โ€” and then formally transfer the trust's assets to the new company. The trust is then dissolved through the appropriate state authority.

Form INC-12 is the application for a licence under Section 8 filed with the Regional Director. It includes the proposed MOA and AOA, a statement of assets and liabilities, projected income-expenditure for 3 years and a declaration from the promoters that they will pursue only non-profit objectives.

A Section 8 Company has better regulatory oversight and governance โ€” making it more credible for CSR funding, foreign contributions (FCRA) and institutional donations. It has a structured board, mandatory annual filings and can be registered under 12A and 80G for tax benefits โ€” like a trust or society, but with stronger legal standing.

12A registration with the Income Tax Department gives the Section 8 Company exemption from income tax on its surplus income. 80G registration allows donors to the company to claim a deduction on their income tax โ€” making the company more attractive for fundraising.

Ready to convert your trust or society to a Section 8 Company?

We handle INC-12, MOA drafting, incorporation and 12A/80G registration โ€” complete non-profit setup.