Registration of a Trust
Trust implies the transfer of a property (cash, shares or valuable asset) from the owner to another person. There are two types of trusts – Private and Public. A private trust is formed for the benefit of a group of people. Public trust is formed for the benefit of the general public.
Documents Required from Directors, Shareholders
- Pan Card Copy (Mandatory)
- ID Proof (Any one) – Driving License/ Voter ID/ Passport Copy/ Aadhaar Card
- Address Proof – Latest Bank Statement/ Latest Telephone or Mobile Bill/ Latest Electricity Bill.(MUST be less than 30 days old)
- Passport Size Photograph
Documents Required for Registered Office Address
- NOC – No Objection Certificate from the Owner of the Property
- Address Proof – Latest Telephone Bill or Mobile Bill/ Gas Bill/ Electricity Bill (MUST be less than 30 days old)
How To Register A Trust Online?
Trust Registration requires important documents like trust deed and rental agreement. Our service experts help you with the complete procedure for the formation of trust while taking care of all the legal intricacies
Step 1
Step 2
Step 3
Trust registration in India - An overview
Public Trust is the most convenient way of starting a non-governmental organization or NGO. A trust functions on the objective of eradicating poverty, providing education to the underprivileged and offering medical relief apart from the generalized aim of promoting arts, science and literature. It is to be noted that trusts are irrevocable which means they cannot be amended or terminated without the permission of the court. Efinac helps in providing you with the trust registration certificate with a few documents like a deed of trust, rental agreement, etc.
In India, there are no specific laws to govern the public trust, however, some states like Maharashtra and Tamil Nadu have their own public trust Act.
How to register a trust - The complete process
Efinac helps you in providing with the trust registration online through very simple steps. As an initial step in registering the trust, the founder of the trust or the “Author of the Trust” or the “Settlor of the Trust” has to figure out in a document the objectives of the trust and the manner in which the trustees have to work towards achieving the goals of the Trust. This document that contains all such details is called a Trust Deed, which is also called a deed of trust.
Once this is made, thereafter, an application for registration of the trust shall be moved before the Registrar of Trust along with the Trust Deed or a deed of trust. The appropriate jurisdiction for registration of the trust is usually where the registered office of the trust is located.
Content of the Trust Deed
The trust deed is the primary and the most essential document of the trust which states the reason for forming a trust, its functions, to its working, and until its closure. Following are the important clauses in the Trust Deed:
- Name of the trust
- The registered office of the trust
- Area of operation of the trust
- Objectives of the trust
- Details of the Author of the Trust
- Corpus/Assets of the Trust
- Details of the Board of Trustees
- Quorum of the Board with their qualification, terms and tenure
- Powers and functions of the Managing Trustee and other Trustees
- Closure and amendment of the trust deed and the applicability of the Act
Documents Required for trust registration certificate
To get your trust registration certificate, you should require the following documents during the registration of the Trust:
- A completely drafted trust deed
- Proof of registered office - (Rental Agreement or ownership document)
- ID proof of the Founder of the Trust
- Two witnesses
Constitution of the Trust
The Trust constitutes the Board of Trustees. The Board constitutes the following:
- Author/Founder/Settlor of the trust
- Managing trustee(s)
- Other trustees
The quorum of the Board of Trustees shall not exceed a maximum of 21 members.
Why register a trust?
- As per the Public Trust Act of all states, registration of Trust is mandatory if it involves charitable purpose or when there is a transfer of immovable property in the name of the trust.
- Only registered trust is eligible for tax exemptions provided under Section 12 A and 80G of the Income Tax Act.
- Registering a trust adds more credibility to the same as it involves public money in the form of donations.
Trust Compliances
A trust shall after its registration shall do the following
- Obtain PAN card
- Book Keeping and Accounts
- Annual IT filings
- Shops and Establishment License - in case of employment
- Professional Tax Registration - if applicable
- GST registration - if applicable
Applicability of tax exemption
There is a general notion that trust need not have to pay tax as they work towards the welfare of the public at large. But this is not true. A trust, like any other legal entity, is liable to pay tax. In order to be exempted from tax, trust is required to obtain certification for the said exemptions such as Section 12 A, 80G etc. from the Income Tax authorities.
Why Efinac
20 Working Days
Just tell us a little bit about your business and you'll have the registered trust deed in 20 working days (subject to government approval). It's that simple. In addition to yours, we'll be handling around 400 requests this month.
9.1 Customer Score
We make your interaction with the government as smooth as is possible by doing all the paperwork for you. We will also give you absolute clarity on the trust registration process to set realistic expectations.
300 Strong Team
Our team of experienced business advisors are a phone call away, should you have any queries about the trust registration process. But we'll try to ensure that your doubts are cleared before they even arise.
Recent Updates
New Regulations Prevent Foreign Nationals and Ex-convicts from Becoming Trustees of Public Trusts.
17 Sept 2020
As per the newly introduced Tamil Nadu Public Trusts Act 2020, to regulate public trusts, new regulations were set in place including ineligibility of foreign nationals and ex-convicts from becoming trustees of public trusts.
12th April: Amid lockdown, Shirdi Trust plea locals to register for blood donation
Once lockdown ends, it is likely a possibility of a shortage of blood to patients. To overcome this, the Shirdi Trust pleads with locals to register for blood donation.
03rd April: 13 Eminent Experts allowed in PM-Cares Fund
Being the chairperson of the trust, the Prime Minister can nominate 33 people as trustees. And 10 persons can be on the advisory board. The trustees’ board includes home, finance & defense minister in an ex-officio capacity.
FAQ
There is no such maximum limit.
The answer to this question is yes. Government employees or officers can be part of NGOs provided the NGO is not anti-government. There are a few rules too that these people have to follow, one of them is to make sure that the NGO is not profit making and the member must not draw any salary from the NGO.
The other alternatives are to start a Trust or a Society based on the objectives of your NGO.
The property of the company vests in the name of the Company and the same can be sold as per the rules mentioned under the Companies Act, (Eg: With the consent of the Board of Directors in the form of a resolution).
To review means to look back over something for evaluation or memory.
