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Trust Registration
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A Trust is an
arrangement where the owner (settlor) transfers the property to someone else
(trustee) for the benefit of a third person (beneficiary). A trust can be
created by execution of a trust deed; there are two types of trust. i.e.,
Public Trust and Private Trust. A public trust (charitable trust) is created
for the benefit of the general public whereas a private trust is created for
the benefit of a particular group of individuals known as the beneficiary. A
Trust is governed by Indian Trusts Act, 1882 across India. However, each state
can formulate its own Trusts Act to govern such non – profit organizations in
its own state. There is no upper limit for the trustees in a trust, but a
minimum of two trustees are always required for registration.
A trust may be
created for any lawful purpose. The purpose of a trust is lawful unless it is
(a) forbidden by law, or (b) is of such a nature that, if permitted, it would
defeat the provisions of any law, or (c) is fraudulent, or (d) involves or
implies injury to the person or property of another, or (e) the Court regards
it as immoral or opposed to public policy. Every trust of which the purpose is
unlawful is void. And where a trust is created for two purposes, of which one
is lawful and the other unlawful, and the two purposes cannot be separated, the
whole trust is void. Usually, the time taken for the non-profit organization
registration ranges from 05-07 Working Days, after submission of the required
forms and documents to the concerned Sub Registrar.
| PAN Card | Self attested PAN Card issued by I.T. Department |
| Aadhar Card | Self attested Aadhar Card issued by UIDAI |
| Id Proof | Self attested id
proof (Voter ID/DL/Passport) |
| Address Proof | One month Bank
statement/ telephone bill |
| Photographs | A latest
passport-size colour photographs |
| Utility Bill | Latest
electricity bill with NOC/ Rent Agreement |
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The Structure of a Trust
Settlor
The person who reposes or declares the confidence is
called the “author of the trust. This person can also be called the “Grantor”
or “Settlor”.
Trustee
The person who manages the trust assets and performs
the functions of the trust. This person is called the “Trustee”.
Beneficiary
The person or class of persons who will benefit from
the existence and operation of the trust. This person is called a
“Beneficiary”.
Corpus
Refers to assets that have been placed into a
fiduciary relationship between a trustor and trustee for a designated
beneficiary.
Trust Property
Interest of the beneficiary is his right against the
trustee as owner of the trust-property.
Instrument of Trust
The instrument, if any, by which the trust is
declared is called the “instrument of trust”.
Benefits of Trust Registration
Easy Registration Process
Trust Registration is easier as compared to Society and Section-8 Company registration. At the time of registration, the Settler and two witnesses must be present in person along with their identity proof in the original.
Regulatory Compliances
Compliance would be maintained under the provisions of the Indian Trusts Act, 1882. In case of private trust, no annual return report, resolution or any documents are required to be submitted or filed after registration of Trust.
Managing Assets
Trusts can be very effective in reducing taxation on capital and income. The trust may provide effective protection for the settlor, the beneficiaries and the trust assets from punitive taxation.
Tax Benefits
Numerous tax exemptions are provided to trust, specifically to the donors who are contributing to trust, they can claim the tax exemption against the donation they made to a Trust.
Avoidance of Probate
As legal title of the assets passes from the settlor to the Trustee when they are ‘settled’, there is subsequently no change of ownership when the settlor dies, thus avoiding the need for probate of a will in respect of trust assets.
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Documents required
PAN Card
Self attested PAN Card issued by I.T. Department
Aadhar Card
Self attested Aadhar Card issued by UIDAI
Id Proof
Self attested id
proof (Voter ID/DL/Passport)
Address Proof
One month Bank
statement/ telephone bill
Photographs
A latest
passport-size colour photographs
Utility Bill
Latest
electricity bill with NOC/ Rent Agreement
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