Trust Formation

Need to register a Trust Formation?

Trust Formation Registration Starting at Just Rs.14,499/- (Inclusive of all Govt. Fees).

Trust Registration

According to Indian Trust Act, a trust may be formed for a range of purposes such as Public Charitable Trust & Religious Trust. A Charitable Trust is created for the purpose of the benefit of the general public or mankind. This kind of trust can be formed by an individual who loves doing such things and not a minor. Any person who holds the property so dedicated shall hold it under trust and shall execute the purposes specified by the settler.

A public charitable trust is usually floated when there is property involved, especially in terms of land and building. The main instrument of any public charitable trust is the trust deed, wherein the aims and objects and mode of management (of the trust) should be enshrined. A trust needs a minimum of two trustees; There is no upper limit to the number of trustees. The Board of Management comprises the trustees. The Objects are Social benefits & Charitable etc.

At registrationwala, our team of professional helps you set up a trust in the most feasible and effective way. We help you take approval on all mandatory legal obligations and carry out all necessary paper work feasibly.

ADVANTAGES OF TRUST REGISTRATION

AVOIDING PROBATE

It would be easy to avoid many hassles, cost and lack of privacy concern this way by keeping certain property out of your probate estate.

ESTATE PROTECTION

This is the most effective way to protect your property even it becomes someone else’s estate.

BENEFITS TO CHARITIES & INSTITUTIONS

You can lend help to charities by creating a charitable trust that may award money to the needy people while you’re still alive. It would give more money in case of your death followed by regular payments out of the remainder. There is a possibility of limited liability in case of a corporate trustee.

Success means having the courage, the determination, and the will to become the person you believe you were meant to be.

List of documents required to register a charitable trust

For charitable trust

Original Trust Deed or a certified copy.
Application for Incorporation of Trustees as a Board The application must be signed by the majority of trustees.
Statutory Declaration. The statutory declaration states: whether any Trustees hold any property as trustees for other trusts; that at a meeting of the Trust a resolution was passed approving incorporation; and that the person making the Declaration has been approved by the Trustees to make it.
You also need to provide the Companies Office with a registered office. Your registered address must be a street address. A postal address may be provided in addition to this.

Charitable Trust Deed:

It is the main instrument of any public charitable trust, wherein the aims and objects and mode of management (of the trust) should be enshrined. In every trust deed, the minimum and maximum number of trustees has to be specified. The trust deed should clearly spell out the aims and objects of the trust, how the trust should be managed, how other trustees may be appointed or removed, etc. The trust deed should be signed by both the Settlor/s and trustee/s in the presence of two witnesses.

Registration of Charitable Trust Deed:

The Charitable Trust deed should be executed on non-judicial stamp paper, the value of which would depend on the valuation of the Charitable Trust property. The application for registration should be made to the official having jurisdiction over the region in which the trust is sought to be registered.

Note:

For Foreign National the Copy of passport is mandatory. All foreign nationals and non – resident Indians should provide notarised or apostilled or counsularised documents from the Indian Embassy in that country. It is mandatory to provide documents in the languages English or Hindi only, if In any case the documents are not in English or Hindi, then the certified translation copy should be attached.

Requirements for the Charitable Trust

At least one person Settlor (One who is forming the trust)
At least one person as Trustee ( Settlor and Trustee may be same person)
At least one person as witness
Some property to form trust (Generally Rs.1000.00)

Documents we need

ID Proof of Settlor, Trustee, and Witness.
Water bill or House tax receipt as address proof of Regd. Office of Trust
Charitable Trust Deed on stamp paper*.
Signed Authority Letter

Basic ₹ 14,499 /- (Inclusive of all Govt. Fees).
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FAQ

What is trust deed?

Trusts are registered using a document called trust deed. This document contains all the information about the trust. Along with these papers you would need to attach a non-judicial stamp paper. All the trustees and witnesses will have to signatures on the trust deed. For registering a trust you need minimum two trustees. You can decide the maximum number of trustees and this number must be mentioned in the trust deed. A person who creates a trust is called the settlor, the person to whom the property is transferred on trust is called a trustee and the person for whose benefit the property is transferred is called the beneficiary are required to mention in trust deed.

What are the documents need to be submitted for registration of trust?

The daft has provided online filing facility for obtaining iec and other authorizations. Applications which are complete in all respects are normally disposed of within two days. For practical purposes, you can provide for a week’s time (after factoring in the time required to make any changes in case your initial application is incomplete in some respect).

How a trust is registered?

How to select the name of society?

As per the society registration act 1860 similar & resemblance of name with existing registered society is not permitted. The name proposed should not suggest or be calculated to suggest the patronage of the government of India or the government of state or connection with any legal authority under any law for the time being in force. Selecting the name of the proposed society and getting it approved by the registrar of the concerned district is the first step.

What are the documents need to be submitted for registration of society?

Submission of following documents to “the deputy director/registrar (firms and societies)” dept. Of industry, govt. Of Delhi, c.p.o. building kashmere gate, Delhi.

Request letter to register a society under sr act 1860.
Two sets of memorandum of association including (i) list of proposed governing body & (ii) list of desire’s persons (founder members of the society) - all pages to be signed by at least seven members. Desirous persons or the person subscribing the names of the memorandum should not be (in any case) less than seven. If it is proposed to give all India character to the society there must be minimum of eight different persons from different states of Indian union to the memorandum.
Two sets of rules & regulations framed for the functioning of the society.
Affidavits (on ten rupees stamp paper from president/secretary society regarding the name/ title of the society.
Copy of residence proof of all desirous persons.
Copy of proof of identification of the desirous persons.
Proof of ownership of the registered office of the society and no objection certificate (on ten rupees stamp paper)
A copy of the report of the proceedings of the general meeting at which the registration of the society was resolved.

How to register a society?

For certified copy of moa & rr for a registered society a fees of rs.1/- per page will be charged. Application to this effect should contain the name, reg. No and must be signed by the general secretary or the president of the society. After approval for registration, a fee of rs 50/- in cash is charged. The registrar of society on satisfaction of documents issue a registration certificate to the society.

What are the compliances after registration?

Obtaining a pan card for the society from the income tax department.
Opening a bank account for the society for the regulation of funds of the society.
Getting the exemption under section 80 (g) of the income tax act for exempting the donations from taxation.
Getting clearances from rbi for receipt of foreign funds in the society.

Comparison among Trust, Society and Non-profit Company

	Trust	Society	Section-8 Company
Statute/Legislation	Relevant State Trust Act or Bombay Public Trusts Act, 1950	Societies Registration Act, 1860	Indian Companies Act, 2013
Jurisdiction	Deputy Registrar/Charity commissioner	Registrar of societies (charity commissioner in Maharashtra).	Registrar of companies
Registration	As trust	As Society In Maharashtra, both as a society and as a trust	As a company u/s 8 of the Indian Companies Act.
Registration Document	Trust deed	Memorandum of association and rules and regulations	Memorandum and articles of association. and regulations
Stamp Duty	Trust deed to be executed on non-judicial stamp paper, vary from state to state	No stamp paper required for memorandum of association and rules and regulations.	No stamp paper required for memorandum and articles of association.
Members Required	Minimum – two trustees. No upper limit.	Minimum – seven managing committee members. No upper limit.	Minimum three Members. No upper limit.
Board of Management	Trustees / Board of Trustees	Governing body or council/managing or executive committee	Board of directors/ Managing committee
Mode of Succession on Board of Management	Appointment or Election	Appointment or Election by members of the general body	Election by members of the general body

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