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. 

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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