Charity Law
Charitable trusts, societies, and Section 8 companies play a vital role in India by supporting social causes and serving vulnerable groups. For these entities, legally compliant, cost-effective, and practical advice is essential to sustain operations.
Our charity law team understands the complex demands of establishing and managing nonprofits in India. We provide solutions tailored to your needs, always mindful of compliance under Indian laws such as the Indian Trusts Act, 1882, Societies Registration Act, 1860, and the Companies Act, 2013 (for Section 8 companies).
We are deeply engaged with the nonprofit sector. Our lawyers often serve as advisors and trustees, giving us insight into governance issues. We also conduct training sessions on compliance, fundraising, and operational matters to help charitable organisations grow responsibly.
Governance & structures
Sound governance and legal structure are essential to the success of a charitable organisation in India. Nonprofits must comply with various legal requirements, including registration, annual filings, and audits. Strong internal systems ensure accountability and alignment with your mission.
We advise on:
- Defining Objectives: Ensuring your trust deed, memorandum, or bylaws reflect your charitable purpose.
- Leadership & Integrity: Guiding trustees, directors, or governing body members in discharging fiduciary duties.
- Transparency & Reporting: Compliance with annual filings under the Income Tax Act and Registrar of Societies or MCA regulations.
- Risk & Controls: Strengthening decision-making and audit processes.
- Board Composition: Ensuring diversity, expertise, and adherence to Indian governance norms.
Fundraising , grants & contracts
Financial viability depends on a strong legal base and compliance with funding regulations. In India, raising funds often requires compliance with the Foreign Contribution (Regulation) Act, 2010 (FCRA) for foreign donations, and adherence to Income Tax Act provisions for tax exemptions under Sections 12A, 12AB, and 80G.
We assist with:
- Registration under 12AB and 80G for donor tax benefits.
- Structuring of commercial activities via charitable trading arms.
- Drafting funding agreements, donor contracts, and government grant applications.
- Compliance with FCRA for NGOs receiving foreign contributions.
Mergers & collaboration
Nonprofit mergers and collaborations must be carefully structured to ensure continuity of charitable purposes. Mergers may occur between societies, trusts, or Section 8 companies, and require approvals from regulators.
Our services include:
- Legal process for merger or amalgamation under the Companies Act, 2013.
- Due diligence on risks and liabilities.
- Transfer of assets, liabilities, and staff.
- Drafting Memoranda of Understanding (MoUs) for collaborations.
- Governance frameworks for the merged entity.
Property
Charities frequently deal with property for schools, hospitals, offices, or community centres. Indian law requires compliance with specific provisions before selling, leasing, or mortgaging trust or society property.
We provide advice on:
- Property transfers requiring permission from Charity Commissioners or court approval.
- Drafting and reviewing lease agreements, sale deeds, and mortgage documentation.
- Compliance with state Public Trusts Acts (e.g., Maharashtra Public Trusts Act, 1950).
- Managing endowment or donor-restricted property.
- Due diligence on land title and use permissions.
Data protection & Privacy
Charities handle sensitive donor and beneficiary data. In India, this is governed by the Information Technology Act, 2000, and the upcoming Digital Personal Data Protection Act, 2023. Nonprofits must adopt policies to secure personal data and prevent misuse.
We assist with:’
- Drafting privacy and data protection policies.
- Compliance for online fundraising and donor data storage.
- Risk management in case of cyber-breaches.
- Training staff on IT Act and Data Protection Act obligations.
How we work with you
KJuris Law supports clients across India. Whether you are based in Delhi, Mumbai, Chennai, or elsewhere, our team offers seamless legal services through:
- Telephone consultations
- Video conferencing
- In-person meetings
We customise our approach based on your requirements and ensure compliance with Indian charity laws at every step.
