Charitable Trust Registration in India

Overview of Trust Registration

In India, anyone can establish a trust. Private trusts created in India are governed by the Indian Trust Act, 1882. This act applies to whole of India. However, it does not apply to the Waqf, which is the mutual relationships between members of an undivided family as established by religious or charitable endowments, customs, or personal laws. In India, public trusts are often regulated by state-specific laws, such the Maharashtra Public Trust Act of 1950. 

To distribute a part of their assets or property for the benefit of another person, people create trusts. A fiduciary relationship including the beneficiary, trustee, and trustor is called a trust. When submitting an application for trust registration, the persons concerned are listed in the trust deed.

When a specific item or piece of property is given to the trustee with the ultimate goal of benefiting the beneficiary, a trust is created. It is possible for the beneficiary who is usually a third party to be related to both the trustee and the trustor.

Therefore, the definition of trust depends critically on the connection between the parties. As per the Indian Trusts Act of 1882, a trust is characterized as a "Relationship between the trustor and trustee to hold specific benefits for the beneficiary."

What is a Trust and Trust Registration?

A trust is defined under the Indian Trusts Act, 1882, as a responsibility attached to property ownership that results from the owner's confidence and acceptance for the benefit of another owner or another individual designated as the beneficiary. To put it simply, the "author of the trust," or the owner of the property or assets, grants the "trustee" the right to hold such property or assets for the benefit of other authors and beneficiaries. We might refer to this as the "author of the trust" having placed his faith in the Trustee for this purpose. The beneficiary's "beneficial interest" in the trust refers to his or her legal rights against the trustee as the property/assets' owner.

A trust is a type of corporate structure that was developed with the good intentions of advancing the advancement of literature, science, and other deserving pursuits. They provide things like medical assistance, education for the underprivileged, etc. A trust may be formally registered in accordance with the Trusts Act of 1882. By completing the trust registration process, the trust is guaranteed recognition and compliance with the law. A trust's existence as a distinct legal entity is established and granted legal status through registration.

Trust registration is essential if you are thinking about establishing a trust for charity or non-profit reasons in order to guarantee its efficient operation and adherence to legal requirements.

What are the types of Trust?

Depending on what they do, trusts can be divided into a number of categories. The many kinds of trusts are as follows:

Private Limited Trusts

Private limited trusts are created to manage affairs for certain people, families, or close friends. Beneficiaries of these trusts may be intimately connected to the trust's creators. The Trusts Act of 1882 governs private limited trusts.

Public Limited Trusts

Generally, public limited trusts are established for the benefit of the public at large. They are controlled by certain legislation, such as the Religious Endowments Act of 1863, the philanthropic and Religious Trust Act of 1920, or the Bombay Public Trust Act of 1950, and are frequently founded for philanthropic, educational, or religious reasons. The two most popular kinds of trusts are religious and charitable trusts.

Public Cum-Private Partnership

This kind of trust fulfills both private and public functions. It may use its revenue for the good of the general public as well as particular people or families. A public cum-private trust may have both public and private persons as beneficiaries.

What are the benefits of Trust Registration?

Let?s take a look at the benefits of trust registration in India:

Creation of Nonprofit Organizations

It is possible to carry out various charitable endeavors in India by creating a charity trust. Declaring the reasons for the trust's registration in India in the bylaws will help many people.

Assistance for Children

The greatest alternative in India for safeguarding your children's future is private trust registration, which you can easily complete online by using private trust registration online.

Assisting People

A trust created under Section 12A facilitates online trust registration and the consolidation of organizations with the primary objective of helping the greatest number of people.

Easy Integration

The procedure of registering an online trust is easy. The process is quite simple to follow. Just fill out the trust registration form in the appropriate manner. Contact PSR Compliance and start the procedure. We'll assist you in obtaining the trust registration certificate as soon as possible.

Establishing Temples

Through the online temple trust registration process, you may create an organization that will eventually be able to combine a temple.

Protection of Family Wealth

In India, those who wish to protect their own property are of the opinion that creating a private trust will be beneficial.

Tax Benefits

Tax exemptions are provided by online trust registration. Generally speaking, an NGO and a trust are comparable. Thus, if public trusts in India register as charitable trusts under Income Tax Act Sections 12A and 12AA, they will be entitled for tax advantages.

What are the requirements for Trust Registration?

The creation of a trust deed is the first stage in the online trust registration process. The trust deed must be prepared on suitable non-judicial stamp paper, the price of which varies according to the Indian state. Furthermore, the trust deed needs to be stamped; the cost of stamp duty varies depending on the Indian state. In addition to a legally binding trust deed, the necessary conditions for the establishment of a trust also include a lawful purpose, beneficiaries determined by the kind of trust, and the legally required minimum number of trustees. Here are the requirements for trust registration:

• A non-profit, non-governmental organization.
• Two Trustees minimum are required.
• A Stamped Trust Deed
• There must be a legitimate reason for establishing a Trust.
• There must be beneficiaries that might be either private entities or the general public

Documents and Information required for Trust Registration?

Here is a list of documents required for Trust registration:

• All Trustees' and Trustors' PAN cards
• ID proofs, and addresses proof of every Trustees & Trustees 
• Colour photos of each trustee and trustor obtained from the property owner 
• Proof of the business address registered 
• A copy of the trust deed for property registration
• A landlord's letter of authorization is necessary, in case of a rented property. 
• The intent of the Trust Deed.
• A stamped Trust Deed.
• Name of the trust as proposed. 
• Rules and guidelines that the Trust must adhere to. 

Settlor and two witnesses shall be present at the time of trust registration

What is process of Trust Registration?

The process of trust registration is mentioned below:

Select a Suitable Name for the Trust

The very first step is to select a name for the trust. Remember, that the name selected shall not be similar to any already registered trust or entity. The name must be unique.

Choose the Trust's Authors and Trustees or Settlers

There is no explicit clause defining the number of authors or settlers. But there is usually only one author in the majority of these situations.

Moreover, the maximum number of trustees is unrestricted. However, in order to create a trust, two trustees must be present. Furthermore, the trustee cannot usually be the author. Additionally, he must be an Indian citizen.

Create a Trust Deed and Memorandum of Association (MOA) for your organization

A trust deed, which also includes the trust's rules and regulations, serves as official documentation of the trust's creation. The bylaws pertaining to additions, deletions, and modifications of Trustees are also included in this text.

On the other hand, the Trust's charter is represented by the Memorandum of Association (MOA). It outlines the goals for why a trust of this kind is established as well as the relationship between the Trustor and the Trustees. All of the members' names, addresses, and jobs should be on this page, along with their signatures.

Create a stamp-paper trust deed

The Trust Deed must be prepared on stamp paper by the Trust. A certain portion of the overall value of the Trust's assets is represented by the value of this stamp paper. Furthermore, state-to-state variations exist in this proportion.

A certified copy of the Trust Deed will be available for pickup from the registrar's office one week after the paperwork is submitted.

Provide the Registrar with the Trust Deed.

Once you have a certified copy of the trust deed, submit it to the local registrar along with photocopies that have been duly attested.

In addition, the settler is required to sign each page of the photocopied Trust Deed. Additionally, at the time of registration, the settlers and two additional witnesses must be physically present with their identity evidence (original and self-attested photocopy). The Trustees' actual physical presence is questionable, though. 

Grant of Trust Registration Certificate

A registration certificate is then given after a minimum of seven working days following the completion of all processes. The registrar keeps the photocopy of the Trust Deed after receiving it from the owner and returns the original registered copy.

Why choose PSR Compliance for Trust Registration?

To legally and safely incorporate a Trust Registration and benefit from higher-quality charity activities, contact PSR Compliance. To guarantee the seamless operation of your trust in India, our business professionals will be available to offer guidance on Trust Registration and its adherence. Experts in the field of business will assist you in making the best possible plans at the most affordable price while guaranteeing the process' successful conclusion.

We have a team that is expert in the trust and NGO registration, and they are able to fully understand the need and possible issues that might arise with Trust Registration. You will be required to submit a few basic information for starting the trust registration process. After obtaining the necessary funds and submitting the necessary paperwork, the registration process will begin.

Frequently Asked Questions

1. Who can form a trust?

In India, trust may be established by any individual, business, or organization that is able to enter into contracts. The term "trustor" or "settlor" refers to the person or thing that establishes the trust.

1. Can the author of the trust also be a trustee?

No, the trust's author is not permitted to serve as a trustee. Authors or trustors establish trusts and assign assets to them for the benefit of the beneficiaries. The trustor is not qualified to serve as a trustee, despite the fact that they are essential in creating the trust and outlining its rules.

1. Is it mandatory that all the trustees must be Indian residents?

In order to assure appropriate administration and compliance of the trust, it is mandatory for at least one trustee to be a resident of India, as per Indian law.

1. Do I need to have a physical office for trust registration?

Yes, in order to register a trust in India, you must have a physical office address. The trust's formal address is its physical office, which is also used for correspondence, legal correspondence, and communication.

1. Is it allowed that a minor can become a trustee of the trust?

It is possible for a minor to get benefits from a trust. In reality, under applicable provisions of the Income Tax Act, the trust's income to a minor is likewise subject to taxation.