Service Level Agreements (SLA): Why Startups Need Them Early On?

Oct 29, 2025
Private Limited Company vs. Limited Liability Partnerships

If you’ve ever faced a situation where a client expected “unlimited” support or a project timeline kept stretching endlessly, that’s precisely where an SLA saves the day. A Service Level Agreement (SLA) is a legal contract between a service provider and a customer, outlining the scope of services, performance metrics, responsibilities, and penalties for non-compliance. 

It’s essentially the backbone of accountability in service-based relationships, especially in the technology, SaaS, and outsourcing sectors. In this blog, we’ll break down what a Service Level Agreement really means, its types, key clauses, and why having one early on can help startups build stronger, more transparent, and scalable client relationships.

Table of Contents

Understanding Service Level Agreements (SLAs)

A Service Level Agreement (SLA) is a formal contract that defines the services to be provided, the performance standards expected, and the consequences of failing to meet them. It sets out the scope of work, payment terms, response times, security protocols, and uptime guarantees, depending on the nature of the service.

The main goal of an SLA is to manage customer expectations and ensure both parties understand what is being delivered, when, and at what quality level. For startups, an SLA functions as a roadmap for accountability, protecting them from scope creep and helping maintain strong, transparent customer relationships.

What Are the Types of Service Level Agreements (SLAs)?

SLAs can vary depending on the relationship between the parties and the nature of services. Generally, there are three main types of SLAs:

1. External SLA

This type of SLA is between a service provider and an external customer. It defines what the customer can expect, such as service quality, uptime, or support response time. These are common in outsourcing, SaaS, and IT services.

2. Internal SLA

An Internal SLA is used within an organisation, typically between departments or teams. For example, the IT department may commit to resolving employee issues within specific timeframes. Internal SLAs improve efficiency and accountability across functions.

3. Multi-Level SLA

A Multi-Level SLA covers different service levels within one agreement—often used by large organisations or SaaS providers serving multiple clients or departments. It ensures consistency across various service levels and user groups.

The Importance of an SLA for Startups

For startups, drafting an SLA early in the business journey is not just a formality—it’s a strategic necessity. Here’s why:

  • Builds Customer Trust: A well-documented SLA shows clients that your startup takes accountability seriously and values professionalism.
  • Sets Clear Expectations: It defines what services will (and won’t) be provided, minimising confusion.
  • Protects from Unrealistic Demands: Startups often face pressure to over-deliver; an SLA safeguards them from scope creep and ensures balanced commitments.
  • Enables Scalability: With clear service terms, startups can onboard new clients smoothly and maintain consistent delivery standards.
  • Provides Competitive Advantage: Many early-stage startups lose deals due to vague terms- an SLA signals maturity and reliability.
  • Encourages Transparency and Accountability: It keeps both parties aligned and strengthens long-term relationships.

Simply put, an SLA acts as a safety net and a success tool, protecting both the startup and its clients from misunderstandings.

Key Clauses of a Service Level Agreement

A strong SLA must be comprehensive yet clear, covering all key aspects of the service relationship. Below are the essential clauses every SLA should include:

  1. Parties Involved: Legal details of both the service provider and the client.

  2. Scope of Services: Description of services provided, deliverables, and boundaries.

  3. Term and Termination: Duration of the agreement, renewal terms, and termination conditions.

  4. Performance Evaluation Metrics: KPIs such as uptime, response time, and issue resolution timelines.
  5. Roles and Responsibilities: Clear division of duties between both parties.
  6. Indemnification Clause: Protection against losses caused by breach or negligence.
  7. Non-Compete and Confidentiality: Ensures sensitive business information remains protected.
  8. Penalties and Remedies: Defines actions if service levels are not met.
  9. Dispute Resolution: Outlines how disagreements will be resolved (e.g., arbitration, mediation).

These clauses ensure that the SLA is legally enforceable, operationally clear, and mutually beneficial.

Strategies for Managing Customer Expectations Around SLA Performance

Startups can use the following strategies to stay ahead:

  • Set Realistic Commitments: Avoid overpromising; define achievable metrics.
  • Communicate Transparently: Keep customers informed about progress, delays, or maintenance activities.
  • Educate Customers: Ensure they understand what the SLA covers and what it doesn’t.
  • Monitor Performance Proactively: Use tracking tools to measure SLA compliance in real-time.
  • Regular Reporting: Share periodic performance reports to demonstrate accountability.
  • Encourage Feedback: Invite customer input to improve service delivery.
  • Stay Flexible: Adapt SLAs over time as business needs and client expectations evolve.

Benefits of SLAs for Startups and Businesses

Implementing SLAs brings a wide range of advantages for both startups and established businesses:

  • Clarity in Service Expectations: Everyone knows what’s expected and when.
  • Improved Risk Management: Reduces the chances of disputes and misunderstandings.
  • Enhanced Accountability: Encourages teams to meet performance targets consistently.
  • Operational Efficiency: Clearly defined processes streamline workflow.
  • Customer Satisfaction: Transparent communication and measurable performance foster trust.
  • Legal Protection: In case of non-performance, both parties have a documented reference point.
  • Scalable Growth: SLAs provide a repeatable framework for future client relationships.

Frequently Asked Questions (FAQs)

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Private Limited Company
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  • Service-based businesses
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Limited Liability Partnership
(LLP)

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BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

One Person Company
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  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
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1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
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1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
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  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

Frequently Asked Questions

Does an SLA require revisions?

Yes, absolutely. As your startup grows, your services, tools, and customer expectations evolve, and your SLA should too. Regularly reviewing and updating your SLA ensures it stays relevant to new business goals, technologies, and client needs.

What is SLA vs. KPI?

An SLA (Service Level Agreement) defines what level of service a provider promises to deliver- for example, “99.9% uptime” or “response within 2 hours.”
A KPI (Key Performance Indicator), on the other hand, measures how well that promise is being met, such as “average response time” or “customer satisfaction score.”

Can I draft an SLA on my own?

Yes, you can draft a basic SLA yourself, especially using templates available online. However, it’s best to get it reviewed by a legal professional to ensure it covers all key clauses like liability, data protection, and termination terms. 

Is it necessary to review an SLA before signing it?

Always read and understand every clause before signing an SLA, whether you’re the service provider or the client. Pay special attention to performance metrics, penalties, payment terms, and exit clauses.

What is an example of a Service Level Agreement?

Here’s a simple example: A SaaS startup promises its customers 99.9% uptime per month for their cloud service. If uptime falls below that threshold, the customer receives a service credit or a discount on the next billing cycle. 

This agreement clearly defines the service expectation, measurement criteria, and consequences, which makes it a classic SLA.

Swagatika Mohapatra

Swagatika Mohapatra is a storyteller & content strategist. She currently leads content and community at Razorpay Rize, a founder-first initiative that supports early-stage & growth-stage startups in India across tech, D2C, and global export categories.

Over the last 4+ years, she’s built a stronghold in content strategy, UX writing, and startup storytelling. At Rize, she’s the mind behind everything from founder playbooks and company registration explainers to deep-dive blogs on brand-building, metrics, and product-market fit.

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Related Posts

Offshore Company Registration - Process, Benefits and Requirements

Offshore Company Registration - Process, Benefits and Requirements

In today’s global economy, businesses often look beyond their home countries to expand operations, access new markets, and optimise taxes. Setting up an offshore company is one common way to achieve this.

In simple terms, an offshore company is a business entity registered in a country different from where its owners reside or conduct most of their operations. For example, a U.S. resident might register a company in India to access the Indian market or tap into the country’s tech ecosystem.

Offshore companies operate under the laws of the country where they are registered, not the country where their owners live. Many businesses choose this structure for benefits such as legal advantages, tax efficiency, easier cross-border operations, and access to international markets.

In this blog, we’ll explain offshore company registration, the legal framework in India, the process, compliance requirements, and the key benefits to help you make an informed decision.

Table of Contents

Which Acts Govern Offshore Companies in India?

If you are looking to register an offshore company in India, here are the key laws that will apply:

  • Companies Act, 2013: Governs company incorporation, management, and reporting.
  • Foreign Exchange Management Act (FEMA), 1999:  Governs foreign investment, repatriation of profits, and forex dealings.

When foreign nationals or companies set up operations in India, they must comply with these acts. 

Permissible structures for offshore companies in India include:

  • Joint Ventures (JV) with an Indian partner.
  • Wholly-owned subsidiaries (common in sectors like IT and services).
  • Branch Offices (used by foreign companies to conduct business directly in India).
  • Project Offices (for executing specific projects in India).

Requirements for Registering an Offshore Company

To legally register an offshore company in India, certain legal and structural requirements must be met:

  • Private Limited – 2 shareholders and 2 directors (at least 1 Indian director).
  • Public Limited – 7 shareholders and 3 directors (at least 1 Indian director).
  • LLP – 2 designated partners (at least 1 Indian resident).
  • Authorised capital: No minimum paid-up capital required for a Private Limited Company, but authorised capital must be declared.
  • Local presence: Offshore companies must maintain a registered office in India and appoint a local agent if required (esp. for branch or project offices).

Related Read: Find Out Which Company Type to Register for your Business

Offshore Company Registration Process

Registering an offshore company in India typically involves the following steps:

Step 1: Obtain DSC


DSC (Digital Signature Certificate): Required to digitally sign incorporation documents.

Related Read: How to apply for a Digital Signature Certificate in India

Step 2: Reserve Company Name

File SPICe+ Part A on the Ministry of Corporate Affairs (MCA) portal to reserve the desired company name. Ensure the name complies with the Companies Act, 2013 guidelines and is not identical or too similar to existing trademarks or companies.

Step 3: Prepare Documents

Draft the following key documents:

Have these documents duly signed and notarised (where required).

Step 4: File Incorporation Application

  • Complete SPICe+ Part B on the MCA portal.
  • Upload all prepared documents along with:
    • Proof of registered office address in India.
    • PAN and TAN application forms.
  • Pay the required fees.

Step 5: Verification and Approval

  • The Registrar of Companies (ROC) reviews your application and documents.
  • Upon successful verification, the ROC issues the Certificate of Incorporation (COI), officially registering your offshore company in India.

Compliances by an Offshore Company in India

Once registered, offshore companies in India must follow key compliance requirements:

  • Annual General Meetings (AGMs): Conducted as per the Companies Act.
  • Auditor appointment: Mandatory appointment of a qualified auditor.
  • Financial records: Maintain proper books of accounts and file Annual Returns (MGT-7) and Financial Statements (AOC-4).
  • Tax filings: File annual Income Tax returns under the Income Tax Act.

Mandatory Registers:

  • Register of Directors and Key Managerial Personnel
  • Register of Members (Shareholders)
  • Register of Share Transfers
  • Register of Charges
  • Register of Debenture Holders (if applicable)

Benefits of Registering an Offshore Company in India

India is becoming a popular choice for offshore company registration due to several advantages:

  • Low capital requirements: No mandatory minimum paid-up capital for Pvt Ltd companies.
  • Attractive tax regime: Corporate tax rate of ~30%, with incentives for sectors like IT/ITES.
  • Double Taxation Avoidance Treaties (DTAA): India has DTAAs with 70+ countries, helping avoid double taxation on global income.
  • Skilled workforce: India offers a large pool of English-speaking, technically skilled talent- ideal for tech, services, and product-based companies.
  • Strong infrastructure: Cities like Bengaluru, Hyderabad, Pune, and Gurugram offer world-class tech parks, incubators, and infrastructure.
  • Growing economy: India’s rapidly growing economy offers huge market potential for both B2B and B2C businesses.

Conclusion

India offers a dynamic and supportive environment for offshore company registration. It combines cost-effectiveness, a large pool of skilled talent, and a fast-growing domestic market.

In today’s connected world, businesses are no longer bound by borders. If you’re looking to expand globally, diversify your operations, or tap into India’s thriving economy, setting up an offshore company here can be a smart move. From IT services to manufacturing to eCommerce, India offers countless opportunities across industries.

Frequently Asked Questions

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Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

Frequently Asked Questions

What is offshore registration?

Offshore registration refers to the process of incorporating a company in a country other than the one where its primary operations or owners reside. It is often done to benefit from favorable tax laws, business-friendly regulations, or global expansion.

Which country is the easiest to open an offshore company?

Some of the easiest countries to open an offshore company include the British Virgin Islands (BVI), Cayman Islands, Singapore, and the UAE. These jurisdictions offer streamlined incorporation processes, low tax rates, and minimal regulatory hurdles.

What are the benefits of an offshore company?

Offshore companies offer several benefits including tax optimization, asset protection, enhanced privacy, access to international markets, and ease of global business operations.

What is the meaning of offshore company?

An offshore company is a legal business entity established in a foreign jurisdiction, typically to take advantage of local benefits such as tax efficiency, confidentiality, and ease of doing international business.

Sarthak Goyal

Sarthak Goyal is a Chartered Accountant with 10+ years of experience in business process consulting, internal audits, risk management, and Virtual CFO services. He cleared his CA at 21, began his career in a PSU, and went on to establish a successful ₹8 Cr+ e-commerce venture.

He has since advised ₹200–1000 Cr+ companies on streamlining operations, setting up audit frameworks, and financial monitoring. A community builder for finance professionals and an amateur writer, Sarthak blends deep finance expertise with an entrepreneurial spirit and a passion for continuous learning.

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Conversion of OPC to a Private Limited Company: Process & Requirements

Conversion of OPC to a Private Limited Company: Process & Requirements

As your business grows, the structure of a One Person Company (OPC) may start to limit your ability to scale—particularly when raising capital, adding co-founders, or expanding operations. Converting an OPC into a Private Limited Company provides a clear pathway for growth, enabling the inclusion of up to 200 shareholders, access to greater funding opportunities, and stronger credibility among investors, lenders, and corporate clients.

However, this transition must be approached with legal precision. The conversion process involves several compliance steps under the Companies Act, 2013, and must be aligned with your business objectives. Ensuring a smooth, legally compliant shift is essential to avoid disruptions and secure long-term success. This guide outlines the requirements, procedures, and insights needed to convert your OPC into a Private Limited Company effectively and confidently.

Table of Contents

Conversion of OPC to Private Company

Section 18 of the Companies Act, 2013, along with Rule 6 of the Companies (Incorporation) Rules, 2014, lays down the legal provisions for converting an OPC to a Private Limited Company. It is important to note that following the 2021 amendment, the conversion of an OPC to a Private Company is now voluntary and no longer linked to capital or turnover thresholds. This change provides flexibility for OPCs to decide on their conversion based on business needs rather than mandatory financial criteria.

To initiate the OPC to Private Limited conversion process, the OPC must pass a special resolution and obtain a written no-objection certificate (NOC) from its creditors. Additionally, the company must increase its members and directors to a minimum of two. It is crucial to ensure compliance with these legal requirements to avoid any challenges during the transition.

Legal Framework Governing the Conversion of OPC into a Private Company

The legal basis for converting an OPC to a Private Limited Company is outlined in Section 18 of the Companies Act, 2013. This provision allows an OPC to transform its structure and expand its shareholder base while continuing its existing obligations and contracts. By leveraging this legal framework, entrepreneurs can unlock new growth opportunities and enhance their company's operational flexibility.

Converting an OPC to a Private Limited Company offers several benefits for businesses looking to scale. It enables the company to attract investments, bring in additional expertise through new directors, and establish a more robust corporate governance structure. The legal framework governing this conversion ensures a seamless transition that aligns with the Companies Act's provisions and protects the interests of all stakeholders involved.

Types of Conversion of a One Person Company

There are two types of OPC conversion: voluntary and previously mandatory. Understanding the distinctions is crucial for making informed decisions.

  1. Voluntary Conversion:
    • Can be initiated at any time based on the OPC's growth plans and business requirements
    • No longer linked to financial thresholds (paid-up capital or turnover)
    • Offers strategic flexibility to bring in new members and access additional resources
  2. Previously Mandatory Conversion:
    • Prior to the 2021 amendment, OPCs were required to convert if they exceeded certain financial limits
    • Thresholds were set at a paid-up share capital exceeding ₹50 lakhs or an average annual turnover surpassing ₹2 crores in three consecutive financial years
    • Compulsory conversion rules have been removed, allowing OPCs to continue operating without mandated transition

The current regulatory landscape prioritises voluntary conversion, empowering OPCs to align their transition with their unique business goals and timelines.

Current Requirements for OPC Conversion into a Private Company

To successfully convert an OPC to a Private Limited Company, several legal and procedural requirements must be fulfilled under the Companies Act, 2013. These include:

  1. Alteration of MOA and AOA:
    • Amending the MOA to reflect the change in company type and name
    • Modifying the AOA to incorporate provisions specific to a Private Limited Company
  2. Minimum Members and Directors:
    • Increasing the number of members from one to a minimum of two
    • Appointing at least two directors, including the existing director of the OPC
  3. Filing of Form INC-6:
    • Submitting the application for conversion to the Ministry of Corporate Affairs (MCA)
    • Attaching required documents such as altered MOA/AOA, special resolution, and NOCs

Ensuring compliance with these mandatory steps is essential for a valid and legally recognised conversion.

Ready to scale your business? Get expert help with OPC to Private Limited Company conversion and complete company registration with Razorpay Rize.

Process for Conversion of a One Person Company

To initiate the OPC to private limited conversion process, follow these step-by-step legal procedures:

  1. Conduct a Board Meeting:
    • Pass a resolution approving the conversion proposal
    • Authorise the alteration of MOA/AOA and the appointment of new directors
  2. Convene an Extraordinary General Meeting (EOGM):
    • Obtain shareholder approval for the conversion through a special resolution
    • Pass resolutions for MOA/AOA changes and director appointments
  3. File Necessary Forms:
    • Submit Form MGT-14 for the special resolution within 30 days of passing
    • File Form INC-6 for the conversion application, along with supporting documents
  4. Obtain Approvals:
    • Receive the new Certificate of Incorporation from the Registrar of Companies (ROC)
    • Ensure the company name reflects the change from OPC to Private Limited
  5. Complete Post-Conversion Compliance:
    • Update all official records, documents, and signage to reflect the new company status
    • Notify relevant stakeholders, including banks and statutory authorities

By following these procedural steps and maintaining accurate documentation, OPCs can ensure a compliant and efficient conversion process.

Related Reads:

Post-Conversion Compliance for OPC to Private Limited Company

Once the conversion of OPC into a private company is complete, several post-conversion compliance requirements must be fulfilled to align with the Companies Act, 2013. These include:

  1. Updating MOA and AOA:
    • Ensuring the altered MOA and AOA reflect the changes in company type and structure
    • Printing and maintaining updated copies of these documents
  2. Displaying New Certificate of Incorporation:
    • Prominently displaying the new certificate at the registered office
    • Updating official company documents with the revised incorporation details
  3. Changing Signage and Stationery:
    • Replacing all signage, seals, and stamps to reflect the new company name and status
    • Updating letterheads, invoices, and other official stationery accordingly
  4. Notifying Stakeholders:
    • Informing banks, financial institutions, and statutory authorities about the conversion
    • Updating registration and licensing documents as required
  5. Filing Amendments:
    • Submitting necessary amendments to returns and filings under applicable laws
    • Ensuring compliance with revised reporting and disclosure requirements

By diligently adhering to these post-conversion compliance measures, the newly converted Private Limited Company can operate smoothly and avoid legal complications.

Frequently Asked Questions

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Register your Limited Liability Partnership in just 1,499 + Govt. Fee

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Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

Frequently Asked Questions

How to convert OPC into a private limited company?

To convert an OPC to a Private Limited Company, follow these steps: pass a special resolution, alter the MOA and AOA, appoint additional directors, file Form MGT-14 and INC-6 with the MCA, and obtain a new Certificate of Incorporation.

What is the cost of converting OPC to Pvt Ltd?

The cost of converting an OPC to a Private Limited Company includes fees for filing Form INC-6, stamp duty on the altered MOA and AOA, and professional charges for legal and compliance services. The exact cost may vary depending on the state and the company's authorized capital.

What is the board resolution for the conversion of OPC to a private company?

The board resolution for OPC to Private Limited conversion should cover the following points: approval for conversion, alteration of MOA and AOA, appointment of additional directors, fixing the date for EOGM, and authorizing a director to sign and file necessary forms and documents.

Sarthak Goyal

Sarthak Goyal is a Chartered Accountant with 10+ years of experience in business process consulting, internal audits, risk management, and Virtual CFO services. He cleared his CA at 21, began his career in a PSU, and went on to establish a successful ₹8 Cr+ e-commerce venture.

He has since advised ₹200–1000 Cr+ companies on streamlining operations, setting up audit frameworks, and financial monitoring. A community builder for finance professionals and an amateur writer, Sarthak blends deep finance expertise with an entrepreneurial spirit and a passion for continuous learning.

Read more
A Guide to Charitable Trust Registration

A Guide to Charitable Trust Registration

Charitable trusts are powerful vehicles for driving social impact. Whether it's providing education to underprivileged children, supporting healthcare initiatives, or promoting cultural and religious values, charitable trusts operate with the sole aim of public welfare. They function as nonprofit entities, helping individuals and organisations contribute meaningfully to society.

Proper legal registration is required to set up a charitable trust. This not only establishes credibility but also enables access to tax benefits and ensures compliance with laws.

In this guide, we’ll explain everything you need to know about charitable trust registration: what it is, how to create one, the benefits, required documents, legal structure options, and a step-by-step registration process.

Table of Contents

What is a Trust?

A trust is a legal arrangement where one party (the trustor or settlor) transfers assets to another (the trustee), who manages them for the benefit of a third party (the beneficiary). Trusts can be:

  • Private trusts – Created for specific individuals or groups (like family members).
  • Charitable/public trusts – Established to serve the public good through activities in education, healthcare, relief, or religion.

Creation of Trust

Setting up a trust involves a few essential steps:

  1. Define the purpose – Clearly outline the mission or goal of the trust.
  2. Draft a Trust Deed – This is the legal document that outlines the trust’s objectives, details of trustees, mode of operations, and more.
  3. Appoint Trustees – These are individuals who will manage the trust's affairs.
  4. Identify Beneficiaries – Define who will benefit from the trust.
  5. Register the Trust – For a charitable trust to be recognized legally and receive tax exemptions, registration with the local authority is crucial.

What is a Charitable Trust?

A charitable trust is a type of public trust established to carry out philanthropic, religious, educational, or social activities. Unlike private trusts, these operate for the benefit of society at large and not for any specific individual or family.

Charitable trusts must be registered under applicable laws, such as the Indian Trusts Act, 1882, or state-specific legislation, to be legally recognised and to enjoy tax benefits.

Benefits of Setting Up a Charitable Trust

Here’s why setting up a charitable trust can be highly beneficial:

  • Tax Exemptions: Registered charitable trusts can avail of tax benefits under Sections 12A and 80G of the Income Tax Act.
  • Legal Recognition: Gives legitimacy and builds trust among donors and beneficiaries.
  • Structured Fund Management: Enables systematic handling of funds and activities.
  • Credibility and Transparency: Boosts donor confidence and supports fundraising.
  • Long-Term Impact: A legal trust ensures that social efforts continue beyond the lifespan of its founders.

Legal Structure Options for Charitable Trust

When setting up a charitable organisation, you can choose from a few legal structures:

  • Public Charitable Trusts – Governed by the Indian Trusts Act or state laws. Ideal for small to mid-sized social initiatives.
  • Societies – Registered under the Societies Registration Act, 1860. Suitable for large-scale, membership-based organisations.
  • Section 8 Companies – Formed under the Companies Act, 2013, for nonprofit purposes. Best for organisations looking for high compliance standards and credibility.

Depending on your goals, each structure has different compliance requirements, operational flexibility, and advantages.

Documents Required for Registering a Charitable Trust

To register a charitable trust, you’ll typically need the following documents:

  • Trust Deed (on non-judicial stamp paper)
  • PAN card of the trust and the trustees
  • ID and address proof of all trustees (Aadhaar, passport, voter ID)
  • Passport-size photographs of trustees
  • Proof of registered office address (rent agreement, utility bill)
  • No Objection Certificate (NOC) from the property owner (if applicable)
  • Trust objectives clearly stated in the deed

Charitable Trust Registration Process

Follow these steps to register your charitable trust:

  1. Draft the Trust Deed – Clearly define your objectives, trustees, operations, and rules.
  2. Get it Notarised – Ensure it’s on proper stamp paper and signed by the settlor and trustees.
  3. Submit to the Registrar – File the trust deed with the local Sub-Registrar office along with identity proofs and passport-size photos of trustees.
  4. Pay Registration Fees – Fees vary depending on the state and property involved.
  5. Apply for PAN – After registration, get a PAN card for the trust.
  6. Apply for 12A and 80G Certification – These allow income tax exemption for the trust and its donors.

Conclusion

Setting up a charitable trust is a meaningful way to contribute to society, but it requires careful planning, legal clarity, and compliance. Registering your trust legitimises your efforts and opens up access to tax benefits and funding opportunities.

Whether you're working toward education, healthcare, or social welfare, a properly structured and registered charitable trust ensures that your good work has a lasting impact.

Frequently Asked Questions

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Frequently Asked Questions

How Do I Register for a Charitable Trust?

To register a Charitable Trust in India, follow these steps:

Step-by-Step Process:

  1. Choose Trustees: Decide the number of trustees (minimum 2). There’s no upper limit.
  2. Draft a Trust Deed: This legal document defines the trust's objectives, operations, trustee roles, and management rules.
  3. Prepare Supporting Documents: Prepare documents like ID and address proof of all trustees, Photographs, Proof of registered office (rent agreement or ownership document + NOC), etc.
  4. Visit Sub-Registrar Office: Submit the trust deed on stamp paper (value depends on the state), signed by trustees and two witnesses.
  5. Get Trust Deed Registered: Once verified, the registrar will return a certified copy of the trust deed with an official stamp and registration number.

What is the Difference Between an NGO and a Charitable Trust?

"NGO" is a broad term referring to any non-governmental organisation working for social welfare. A Charitable Trust is a specific legal structure for an NGO.

Aspect Charitable Trust NGO
Legal form Specific type of NGO Can be a Trust, Society, or Sector 8 Company
Registration Act Indian Trusts Act, 1882 Depends on structure: Trust Act, Societies Act or Companies Act
Governing Body Trustees Governing council, Board of Directors, etc.
Best suited for Smaller, family-run or religious initiatives Formal NGOs working with the Government or donors

What are the Eligibility Criteria for a Charitable Trust?

To register a charitable trust:

  • Minimum of 2 trustees (individuals)
  • At least one trustee should be an Indian citizen
  • Must have a defined charitable objective (education, healthcare, poverty relief, etc.)
  • Should have a registered address (can be residential or rented space with NOC)
  • Trustees should not be involved in any criminal or financial misconduct

What is the Fee for Charitable Trust Registration?

The registration fee varies by state and typically includes:

  • Stamp Duty for Trust Deed
  • Notarisation Fee
  • Professional Fee

Does a Charitable Trust Have to Pay Tax?

Yes, but they can get exemptions if they register under:

  • Section 12A: Grants income tax exemption for charitable activities.
  • Section 80G: Allows donors to claim tax deductions on donations.

Key conditions to claim exemptions:

  • Funds must only be used for charitable purposes.
  • No profit distribution among trustees.
  • Accounts must be audited if income exceeds limits.

Sarthak Goyal

Sarthak Goyal is a Chartered Accountant with 10+ years of experience in business process consulting, internal audits, risk management, and Virtual CFO services. He cleared his CA at 21, began his career in a PSU, and went on to establish a successful ₹8 Cr+ e-commerce venture.

He has since advised ₹200–1000 Cr+ companies on streamlining operations, setting up audit frameworks, and financial monitoring. A community builder for finance professionals and an amateur writer, Sarthak blends deep finance expertise with an entrepreneurial spirit and a passion for continuous learning.

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