Trust Registration

Introduction

Trust Registration is governed by the Indian Trust Act, 1882 where the author (owner) assigns the rights of the property to a trustee so that the beneficiary i.e. the third person can take benefit out of it. The trust is carried out by way of an instrument called trust deed which is formed on a non-judicial stamp paper as per the stamp rates of the different states.

Trust Deed is the core document which defines the reason for formation of trust, details of the author, trustee and the beneficiary. It lays down all the working and functioning of the trust until its closure. The trust deed is registered with the sub-registrar of the concerned jurisdiction.

Sprinthub Solutions will provide you all the necessary services and legal advice related to Trust registration. You may get in touch with our team on 096436-69475 or email info@sprinthub.in for Trust Registration.

Advantages of Trust Registration

Feature Box Image
Litigation
Every Trust has its legal entity separate from its members it is capable of filing suits against any person or any member. The registered trust can file a suit anywhere in India and in any state even if it is not registered in that particular state.
Feature Box Image
Tax Benefit
The societies can take the tax benefit after applying for the 12AA/80G Certificate. Both the society and the investor get tax exemptions.
Feature Box Image
Legal status
Registration of trust gives it a legal status and that is very important because of various reasons like: for opening the bank accounts, Obtaining registrations and approvals under Income Tax Act, legally vesting properties.

Types of Trust

Feature Box Image
Private Trust
Private trust is for a closed group. In other words, the beneficiaries can be identified. For example: A trust created for the relatives and friends of the author.
01
Feature Box Image
Public Trust
It is a trust formed for public, religious or charitable purpose or both and includes a temple, or any religious or charitable institution and formed either for a religious or charitable purpose or for both.
02

Document Required

Feature Box Image
PAN Card
PAN Card of Trustor, Trustee, Beneficiary.
01
Feature Box Image
Address Proof
Address Proof of Registered Office.
04
Feature Box Image
Identity Proof
Self-attested copies of Identity Proof (Trustor, Trustee, Beneficiary).
02
Feature Box Image
Photograph
Photograph of Trustor, Trustee, Beneficiary.
03

Process of Trust Registration

01
Complete the Application Form
You are requested to first fill the simple questionnaire provided by our expert team.
03
Drafting of Trust Deed
Once the draft is ready from our side we will share a draft of the same with you for final approval. If you find the same in order the final copy will be shared in a day and if corrections or additions are required then the same will be revised and verified by our team.
02
Document Processing
At the second step we will be requiring the documents in accordance with the questionnaire filled by you so that we can arrange them as per the requirement and for processing.
04
Trust Registration
After the approval of trust deed from your side we will apply for the registration of Trust before the Sub Registrar and update you regarding the same via mail.

12A and 80G Certificates

Income Tax Department issues 12A certificate to the trusts or NGOs that are involved in social welfare. Such certificate is issued for a period of 5 years and can be renewed after making an application and is not liable to pay Income tax for the entire lifetime on its surplus income. Additionally, an NGO can also apply for 80G certificate. This certification provides the donor benefit under Income Tax Act as deduction.

Comparison between Trust, Societies and Section 8 Company

S. No. BasisSection-8TrustSociety
1.Governed byCompanies Act, 2013Indian Trust Act, 1882Societies Registration Act, 1860
2.Registration DocumentThe charter documents are MOA and Articles of AssociationThe main document is the Trust DeedThe Primary instrument for Registration of society its Memorandum of Society.
3.Minimum RequirementSection-8 Company requires at least two people.At least two trustees are required.At least seven members are required to form an society.
4.Revocable/IrrevocableIt can be dissolved in accordance with the provisions of the Companies Act, 2013 and rules made there underPublic Trust are generally irrevocableSociety can be dissolved which shall be approved by at least 3/4 of the Members of the society.
5.ControlIt is managed by the Board of Directors and resolutions are passed in accordance with the Companies Act, 2013Single man may control and prevail in a trust.Decisions are democratically taken in societies
6.Area of operationIt can operate all over IndiaIt can operate all over IndiaIt can operate in the specific state only.
7.Bank Account OperationsHere, a person can be authorized to operate a Bank Account.In trust it is controlled by one person mostly trusteeIn case of society Bank operations are operated generally by the President and the treasurer.
8.Annual ComplianceAnnual Accounts and return of Company are filed with ROC.There is no requirement of annual filing, but the data has to be provided to the concerned department as per prescribed formats.Societies are required to file annually with the Registrar of societies, a list of containing name. address and occupation of the managing committee members.
Know MoreGet StartedKnow More