Trust Registration

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  • Adopt the convenient method for charity.

Most convenient way of starting a non-governmental organization or NGO. 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. trusts are irrevocable which means they cannot be amended or terminated without the permission of the court. The Indian Trusts Act, 1882 defines trust as being a legal obligation annexed to the ownership of property and arising out of a confidence reposed in the trustee by the settlor, for the benefit of the beneficiaries as identified by the settlor including/excluding the settlor himself. The person who declares the confidence is called the “author of the trust”; the person who accepts the confidence is called the “trustee”. The person for whose benefit the confidence is accepted is called the “beneficiary” and the subject matter of the trust is called “trust property”; the “beneficial interest” or “interest” of the beneficiary is the right against the trustee as owner of the trust property; and the instrument, if any, by which the trust is declared is called the “instrument of trust”. The property in case of a trust is not transferred directly to the transferee but is put in control of the trustee for the benefit of the transferee. The trustee, depending upon the nature of the trust, either transfers the property or its earnings to the transferee at the happening of certain events or applies the property and /or its gains for the benefit of such a transferee. Experience the trust

Benefits

Government approved formal and organised structure

  • Asset Protection

  • Tax Planning

  • Confidentiality

  • Avoiding Forced Heirship

  • Estate Planning

  • Protecting the Weak

  • Preserving Family Assets

  • Continuing a Family Business

  • Gaining Flexibility

 

Procedure

Decide objectives, submit papers and get the trust.

  • The first step is to draft the Trust Deed. Trust Deed is non-mandatory but always preferred. The details mentioned in Deed are:

  • Name and address of the Settler

  • Name(s) and address(es) of the other Trustees

  • Name of the Trust (minimum 3 preferences shall be given)

  • Minimum and maximum number of Trustees that are allowed

  • Address of the Registered Office of the Trust

  • Objectives of the Trust

  • Beneficiaries of the Trust

  • Rules and Regulations to be followed by the Trust

  • Address for correspondence & Evidence: recent electricity bill/ telephone bill/ property card of the Trust location.

  • Tenure of Trustees: Tenure may be fixed as minimum 1 year to maximum 5 years.

  • Application for 80G and 12A Certificate

  • Approach a Local Registrar & submit the Trust Deed, along with one photocopy for Trust Registration. The physical presence of Settler/s and two witnesses is required at the time of Registration along with Original ID proofs.

  • The Registrar retains the photocopy & returns the original registered copy of the Trust Deed.

 

Documents Required

Papers to trust, for a trust.

  • A completely drafted trust deed

  • Proof of registered office - (Rental Agreement or ownership document)

  • ID proof of the Founder of the Trust

  • Two witnesses

Once the payment for the registration is done, it takes about 8 to 10 days for online registration to be completed under the Indian Trust Act – 1882. Before the deed becomes valid throughout the country, the settler has to deliver a presentation at the registrar’s office.

Note: On the scheduled date for registration, the Author of the Trust shall be present in the Register Office for registration

 

    How LawDocs can help?

    A public trust, with trust.

    • Discuss and help you decide objectives.

    • Assist you in deciding the type of formal structure.

    • Helpful assistance for the noble cause.

    • Trusted experts for the registration of trusts.

    • We help you to file compliances as well.

     

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