Trust Registration

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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?

Step 1

Fill-up our Contact Form and Submit

Step 2

Our Expert/ Legal Professional will contact you and provide brief guidance into the related context

Step 3

Selection of Unique Name.

Step 4

Drafting of Trust deed and will send for review and confirmation from members.

Step 5

Selection of Settlers and Trustees of Trust

Step 6

Preparing of Memorandum of Association

Step 7

Submission of Trust Deed with Registrar.

Step 7

Obtain Registration Certificate

Packages

Consultation Charges

Nil

Complete assistance by Experts or Professionals indicating Process, Documents required, Benefits, Tax compliance, Legal Compliance, etc.

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Start-up Plan

Rs. 3,999/- only

– Trust Registration
– PAN and TAN Registration
– Expert advice from Experts/ Legal Professionals

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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

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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

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Documents Required for Trust Registration

Trust Deed

A copy of completely drafted Trust Deed.

Office Address Proof

Copy of Electricity bill or Sale Deed or rent agreement and latest self- attested electricity bill in case of rented accommodation not older than 2 months.

NOC from owner

No Objection Certificate to be obtained from the owner(s) of registered office.

PAN card

A self-attested copy of PAN card of the Members.

Members Address Proof

A self-attested copy of Aadhaar Card/ Voter ID/ Passport/ Driving License or Bank Statement/ Utility Bills not older than 2 Months of all members.

Witnesses

PAN card and Address Proof of two Witnesses

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

1. What is a Trust in India?

In India, trust is more like an akin to a legal arrangement between the author and the trustee.

2. Is it mandatory for the trust to get the registration done under section 12AB?

Yes, a trust must get the registered under section 12AB of Income Tax Act, 1961 to claim an exemption under section 11.

3. Is trust a separate Legal Entity?

In a strict legal sense, a trust is not a separate legal entity, unlike a company. A trust gets created when the settlor hands over any property to the trustee to be used and employed for the benefit of the beneficiary. This legal arrangement is codified vide a trust deed.

4. What are the Parties of a Trust?

Settlor, Trustee, andBeneficiaries are the three parties of the Trust.

5. What are the different types of Trust?

The Two difference types of Trusts are: Private Trust and Public Trust

6. What is the Difference between Trustee and Trustor?

Trustor is the person who creates the trust, whereas the person who has the responsibility of managing the trust for the beneficiary is known as Trustee.

7. What is the governing law for a Trust?

The Indian Trusts Act, 1882, is a governing law for a Trust in India.

8. What is a Public Trust and what is the purpose behind forming it?

By and large an public trust is made for setting up a school, universities, other instructive activities, clinic, mature age homes, halfway house, for advancement of kid wellbeing and their strengthening, government assistance of more fragile segment of society, and for satisfaction of Corporate Social Responsibilities (CSR) by organizations.

9. What are the Documents Required During Trust Registration process?

– Proof of Identity for Trustor & Trustee
– Address Proof of Registered Office
– NOC from the Landlord is required
– Particulars of the Trustee and settlor
– Trust Deed on Proper Stamp Value.
– Photographs & PAN of Trustee and settlor.

10. What about Amendment in Private trust Deed?

It is extremely difficult to amend a trust deed since a trust by its inherent nature is irrevocable. Therefore, it is important to provide the amendment clauses in the trust deed itself. However, if the amendment clauses provided in the trust deed are too wide, then the trust may not be treated as irrevocable.

11. Can a Trust be dissolved after Trust Registration in India?

Yes, Under Section 77 of the Indian Trust Act, 1882, a Trust can be terminated or extinguished if the purpose of the registered Trust becomes unlawful.

12. What is the difference between a Trust and Corporation?

Trusts are usually set up for personal purposes or private purposes, whereas, on the other hand, the Corporations are set up for business and profit purposes.

13. What are the duties of a Trustee?

The key duties of a Trustee are Fiduciary Duty; Duty of Care; Duty of Intimating the Beneficiary of any Form of Changes made in the Trust; and the Duty to Administer the Trust Property.

14. What is the penalty imposed on the Beneficiary for Breach of Trust?

Both civil and criminal penalties may be imposed on the Beneficiary for Breach of Trust.

15. Are NGOs the same as the Trust?

Yes, the working and operations of an NGO and Trust are the same.

16. How much time does it take for Trust Registration?

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