Trust vs. Society
| Sl.no | Point of difference | Trust | Society |
| 1. | Act | Governed by Indian Trusts Act, 1882. It extends to the whole of India except the state of J&K ) | Governed by Societies Registration Act and every state has its own Act. (Below mentioned differences are w.r.t Societies Registration Act 2001 related to the State of Andhra Pradesh) |
| 2. | No. of members | 2 | Any seven or more persons forming a society which has for its object the promotion of art, fine art, charity, crafts, religion, sports (excluding games of chance), literature, culture, science, political education, philosophy or diffusion of any knowledge or any public purpose may be registered under this Act. |
| 3. | Geographical area of activities | All India (no need to mention this in the Trust Deed) | A separate registration for All India level is required (8 members from different states required). |
| 4. | Nature of control | One man control, i.e. Settler | Democratic system. Decisions are made by voting. Power struggle may ensue. |
| 5. | Amendments | Can easily be done via a supplementary trust deed | Relatively more difficult. Both Memorandum of Association and Rules and Regulations need to be changed |
| 6. | Names | Easily available | While deciding the name provisions of Emblems and names (Prevention of the Improper use) Act, 1950 is to be kept in mind. Any change in name requires a prior intimation to the Registrar and a special resolution to be passed at meeting of the Society. |
| 7. | Bank a/c operation | Controlled by one person, Settler | Two persons, either President or Secretary and Treasurer |
| 8. | Office holders’ tenure | Trustees generally hold office for the whole life | Members hold office for a period of time and may stand for re-election |
| 9. | Winding-up | Trust is generally irrevocable, Cannot be wound-up. | Can be wound up if 3/5 th of the members so desire |
| 10. | Family members | Can become trustees | Registrar objects on family members becoming part of the Governing Body |
| 11. | Governed by | Board of Trustees | Governing Body |
| 12. | Main documents |
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| 13. | Objectives | Can be general | Have to be specific |
| 14. | Special resolution | No such requirement. Changes can be made by altering the Trust Deed. | Special Resolution is to be passed to alter the provisions of the memorandum with respect to:- (a)change of objectives of the society; (b)to amalgamate itself with any other society; or (c)to divide itself into two or more societies Any such alteration is required to be registered to make it effective for which the registrar shall issue a certificate. |
| 15. | Annual List | There is no such requirement | Annually there is a requirement to furnish a list containing names and addresses of the members of the Managing Committee and officers entrusted with the management of the affairs of the society. |
| 16. | Minor | with the permission of a principal Civil Court of original jurisdiction, by or on behalf of a minor a Trust may be created. | Cannot be a member |
