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Trust Registration
Public Trust is the most convenient way of starting a non-governmental organization or NGO. Trust Registration in India begins with the drafting of a Trust Deed. Trust Deed is the primary requirement in the process of Trust Registration in India. 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. 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.
ComplianceIndia can be your legal and professional partner in India to help you understand how to get Trust Registration in India quickly and cost-effectively.
Advantages of Trust Registration
To indulge in some charitable activities
To avail the benefits of tax exemption
Provides Benefits to Poor and Underprivileged People
Preservation of Family Wealth
Managing Assets
Prerequisite for Trust Registration
The very first requirement in the Trust registration is the Trust deed. Trust Deed is formed on a non-judicial stamp paper; every state in India has fixed its own rate on the stamp duty. The applicants are required to book an appointment with the office of sub-registrar once he/she is done with the preparation of Trust Deed.
It is essential for all the trustees of the Trust to appear before the sub-registrar on the date of appointment along with the Trust Deed and two witnesses.
How we Work?
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Packages
Consultation Charges
Nil
Complete assistance by Experts or Professionals indicating Process, Documents required, Benefits, Tax compliance, Legal Compliance, etc.
Start-up Plan
Rs. 3,999/- only
- – Trust Registration
- – PAN and TAN Registration
- – Expert advice from Experts/ Legal Professionals
Advance Plan
Rs. 7,999/- only
- – Drafting of Trust Deed
- – Trust Registration
- – PAN and TAN Registration
- – Legal Drafting of documents
- – Expert advice from Experts/ Legal Professionals
Ultimate Plan
Rs. 12,999/- only
- – Drafting of Trust Deed
- – Trust Registration
- – PAN and TAN Registration
- – Current Account Opening in your nearest Branch
- – Legal Drafting of documents
- – Annual Compliance for First Year
- – Expert advice from Experts/ Legal Professionals
Documents Required for Trust Registration
Comparison with other forms of Business
Particulars | Trust | Society | Section 8 Company |
Meaning | It is considered to be the oldest form of charitable organisation. It is an arrangement between par ties whereby one party holds ownership over property on behalf of another person | It is formed when a collection of people come together for a common charitable purpose. But it is not limited to charitable purposes but may extend to multiple other fields. | It is a company established with the purpose has in its objects the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object and whereby they apply any profits into furthering the objective. |
Governing Legislation | A trust is established under and governed by the Indian Trust Act, 1882 for private trusts. General law is applied for public trusts except in a few states such as Gujarat and Maharashtra, which have their own state laws. | Societies Registration Act,1860. | Companies Act, 2013 |
Registered as | NGO/NPO | NGO/NPO | NGO/NPO. But they enjoy all the privileges of a limited company without the need for them needing to add Pvt. Ltd. to the name. |
Document of constitution | Trust Deed | MOA (memorandum of association) and Rules and regulations | MOA and AOA (articles of association) |
Registration Authority | Deputy Registrar of the state | Registrar or Deputy Registrar of the particular state in which it is to be registered. | Registrar of Companies (ROC) or Regional Director |
Minimum members required at State level Registration | 2 trustees minimum | 7 members minimum (5 for Jammu and Kashmir and Telangana) | 2 directors and 2 shareholders. It should be noted that the directors may also be the shareholders. |
Minimum members required at National level Registration | 2 trustees minimum | 8 members minimum from 8 different states are required in National level Society. | 2 directors and 2 shareholders. It should be noted that the directors may also be the shareholders. |
Foreigners as Members/ Directors | No restriction | Not Prohibited by law | Allowed |
Annual compliances | There are no mandatory yearly compliance to be met by a trust | The society must file the list of names, occupations and address of the managing committee members of the society to the Registrar annually | The Company must file the annual returns and accounts with the ROC. |
Cost factor | Low | Medium | High |
Grants and subsidies from the government | Not much | Not much | Considerable (possible) |
Preference in registration under FCRA | Low preference | Low preference | Preferred |
Registration under The Income Tax Act, 1961 | Allowed | Allowed | Allowed |
Transparency | Low | Low | High |
Area of Operation | Most of India |
Usually, restricted to state boundaries |
All of India |
Legal right over the property | Held by the trustee | Held in the name of the society | Held in the name of the company |
Registration period (approximately) | 15-20 days | 20-25 days | 30-45 days |
Stamp duty | Dependent upon the state stamp duty Act a well as the total worth of the property involved in the matter | None | None |
GET STARTED | KNOW MORE | KNOW MORE |
Frequently Asked Questions
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