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Benefits.

Regulatory Body.

The Registrar of Trusts is the primary regulatory authority responsible for trust registration in India. Their role involves maintaining a comprehensive database of all registered trusts in the country. The registration process for private trusts is governed by the Trusts Act of 1882.

In the case of public trusts, no singular governing act applies uniformly. Public trusts in India must be registered with the relevant state authority as required by the applicable state act.

Types of Trusts.

Private Limited Trusts

Private Limited Trusts are established to carry out activities for specific individuals, families, or close associates. These trusts can have beneficiaries closely related to the trust'strust's founders. Private limited trusts are governed by The Trusts Act of 1882.

Public Limited Trusts

Public limited trusts are typically created to benefit the general public. They are often established for charitable, educational, and religious purposes and are governed by specific statutes such as the Religious Endowments Act of 1863, the Charitable and Religious Trust Act of 1920, or the Bombay Public Trust Act of 1950. Charitable and religious trusts are the most common types of public trusts in India.

Public Cum-Private Trust

This type of trust serves both public and private purposes. It can utilize its income for the benefit of the public and specific individuals or families. The beneficiaries of a public cum-private trust can be a combination of public and private individuals.

Laws.

Trusts Act of 1882

This act provides the legal framework for registering and administrating private trusts. It outlines the rights, responsibilities, and procedures associated with private trust registrations.

Income Tax Act of 1961

The Income Tax Act grants certain tax benefits and exemptions to registered trusts. Donors can take advantage of tax deductions under this act when making contributions to registered trusts.

Societies Registration Act of 1860

Although it does not directly govern trust registration, this act regulates the formation and functioning of societies involved in charitable, literary, scientific, or artistic activities. Societies often work alongside trusts and may engage in similar endeavors.

Checklist.

  • Trust Deed with the respective stamp value.
  • Two photographs of the parties involved in the trust.
  • PAN cards of the individuals associated with the trust.
  • Address proof of the individuals.
  • Identity proof of the individuals.
  • Authentication from the partners (if applicable).
  • No Objection Certificate for using the premises (if applicable).
  • Any form of a utility bill as proof of address.
  • Address proof of the trust registered office.
  • 12A Registration and 80G Certificates from the respective income tax authorities to claim deductions (if applicable).

Steps to Register.

1
Name of the Trust
The parties forming the trust must choose an appropriate name that complies with the provisions of relevant acts such as Trademarks, Copyrights Act, Intellectual Property Rights Act, and Emblems and Names Act, 1950.
2
Settlers of the Trust
Determine the individuals who will act as settlers of the trust. While there is no restriction on the number of trustees, a minimum of two trustees is required. The author of the trust cannot be a trustee, and all trustees must be residents of India.
3
Prepare a Memorandum of Association for the Trust
Prepare a Memorandum of Association (MOA) that outlines the objectives and purpose for which the trust is being formed. Ensure that the goals stated in the MOA are legally permissible.
4
Draft the Trust Deed
Create a trust deed, which is a legally binding document that establishes the trust. The trust deed must be presented to the registrar when registering the trust. It should contain all the terms and conditions agreed upon by the author, trustees, and beneficiaries.
5
Submit the Deed to the Registrar
Once the trust deed is drafted, submit it to the registrar and other required documents. The author, trustees, and beneficiaries will be involved in this process.
6
Obtain Certificate of Trust Registration
After reviewing the submitted documents, the trust will be registered if the registrar is satisfied with their validity and compliance. The registrar will issue a trust registration certificate, which the trustees and the trustor should keep. Once the trust is registered, a bank account can be opened in the trust’s name.

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