Trust Registration

Get your Trust Registered at just ₹ 10000/-

 

For charitable and religious purpose

 

Private and Public Trust

 

Simple & Secure Online Process

 

Dedicated Professional

 

Hassle Free Process

 

Get your work done in 10-15 days

 

Introduction

Trust Registration is governed by the Indian Trust Act, 1882 where the author (owner) assigns the rights of the property to a trustee so that the beneficiary i.e. the third person can take benefit out of it. The trust is carried out by way of an instrument called trust deed which is formed on a non-judicial stamp paper as per the stamp rates of the different states.

Trust Deed is the core document which defines the reason for formation of trust, details of the author, trustee and the beneficiary. It lays down all the working and functioning of the trust until its closure. The trust deed is registered with the sub-registrar of the concerned jurisdiction.

Legal Window will provide you all the necessary services and legal advice related to Trust registration. You may get in touch with our team on 072407-51000 or email admin@legalwindow.in for all charitable trust related compliance.

Advantages of Trust Registration

Litigation

Every Trust has its legal entity separate from its members it is capable of filing suits against any person or any member. The registered trust can file a suit anywhere in India and in any state even if it is not registered in that particular state

Legal status

Registration of trust gives it a legal status and that is very important because of various reasons like: for opening the bank accounts, Obtaining registrations and approvals under Income Tax Act, legally vesting properties.

Tax Benefit

The trust can take the tax benefit after applying for the 12AA/80G Certificate. Both the trust and the investor get tax exemptions. 


Parties under Trust

Author/Trustor: Trustor is a person who wants to transfer its property and reposes confidence on another for the creation of the trust.

Trustee: Trustee is a person who accepts the confidence for the creation of the trust

Beneficiary: Beneficiary is a person who will be benefited from the trust in the near future.

Types of Trust

Private Trust

Private trust is for a closed group. In other words, the beneficiaries can be identified. For example: A trust created for the relatives and friends of the author.

Public Trust

It is a trust formed for public, religious or charitable purpose or both and includes a temple, or any religious or charitable institution and formed either for a religious or charitable purpose or for both.

Document Required

PAN Card of Trustor, Trustee, Beneficiary

Self-attested copies of Identity Proof (Trustor, Trustee, Beneficiary)

Photograph of Trustor, Trustee, Beneficiary

Address Proof of Registered Office

Process of Trust Registration

Complete the Application Form

You are requested to first fill the simple questionnaire provided by our expert team.

Document Processing

At the second step we will be requiring the documents in accordance with the questionnaire filled by you so that we can arrange them as per the requirement and for processing.

 Drafting of Trust Deed

Once the draft is ready from our side we will share a draft of the same with you for final approval. If you find the same in order the final copy will be shared in a day and if corrections or additions are required then the same will be revised and verified by our team

Trust Registration

After the approval of trust deed from your side we will apply for the registration of Trust before the Sub Registrar and update you regarding the same via mail.

12A and 80G Certificates

Income Tax Department issues 12A certificate to the trusts or NGOs that are involved in social welfare. Such certificate is issued for a period of 5 years and can be renewed after making an application and is not liable to pay Income tax for the entire lifetime on its surplus income. Additionally, an NGO can also apply for 80G certificate. This certification provides the donor benefit under Income Tax Act as deduction.

Comparison  between Trust, Societies and Section 8 Company

S. No. BasisSection-8TrustSociety
1.Governed byCompanies Act, 2013Indian Trust Act, 1882Societies Registration Act, 1860
2.Registration DocumentThe charter documents are MOA and Articles of AssociationThe main document is the Trust DeedThe Primary instrument for Registration of society its Memorandum of Society.
3.Minimum RequirementSection-8 Company requires at least two people.At least two trustees are required.At least seven members are required to form an society.
4.Revocable/IrrevocableIt can be dissolved in accordance with the provisions of the Companies Act, 2013 and rules made there underPublic Trust are generally irrevocableSociety can be dissolved which shall be approved by at least 3/4 of the Members of the society.
5.ControlIt is managed by the Board of Directors and resolutions are passed in accordance with the Companies Act, 2013Single man may control and prevail in a trust.Decisions are democratically taken in societies
6.Area of operationIt can operate all over IndiaIt can operate all over IndiaIt can operate in the specific state only.
7.Bank Account OperationsHere, a person can be authorized to operate a Bank Account.In trust it is controlled by one person mostly trusteeIn case of society Bank operations are operated generally by the President and the treasurer.
8.Annual ComplianceAnnual Accounts and return of Company are filed with ROC.There is no requirement of annual filing, but the data has to be provided to the concerned department as per prescribed formats.Societies are required to file annually with the Registrar of societies, a list of containing name. address and occupation of the managing committee members.
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FAQs on Trust Registration

Is registration of trust mandatory?

Registration of Trust is mandatory in certain cases and not mandatory in some other cases. If Trust wanted to take benefits under section 11 of Income Tax Act, the trust is required to get registered under Indian Trust Act 1882.

Which is better trust or society?

Trust is a legal arrangement between 2 or more person in which a person holds property for the sake of some other person on the other hand Society is an association of person, who come together to fulfill any particular purpose, described under the Act.

What is Family trust?

Family trusts are designed to protect our assets and benefits of members of the family beyond the lifetime of members.

How do we start Education Trust?

Educational trust can be registered either as a company under the companies act or as a society under societies registration Act.

How many people are needed to form a trust?

A Trust can be formed and registered with a minimum number of members 03 and a maximum of 21 members.

What is trust registration certificate?

A Trust or an NGO has to acquire certificate 12A from the Income Tax Department. This certificate allows donors, to make donations under section 80G in certified NGO, to avail deduction.

What is the difference between trust and NGO?

NGO is non government organization while a trust can be public private or family. Both NGO and trust works for the benefits of society.

Can a trust be registered as a society?

Societies are membership organizations that can be registered for charitable purposes. Societies are as similar to the trusts, although there are some essential differences. While only 3 individuals are required to form a trust, a minimum of 7 individuals are required to form a society.

Why is Sec 8 preferred over NGO or trust?

Section 8 Company gets more benefits over NGO and Trust. Section 8 company is also formed for the charitable purpose but as it is registered under companies Act it gets several exemptions in terms of tax and others.