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Trust Registration

Overview of Trust Registration

There is a major notion among many that it is only the elite sector of the society who can create trusts. However, that is not true! A trust can be create by not just the high – net worth individuals but even by ordinary men and women. The provisions of the Indian Trust Act, 1882 (referred to as “The Act” in this article) governs only private trusts.

Public Trusts are usually governe by state-specific legislation. e.g. The Maharashtra Public Trust Act, 1950. The Indian Trust Act extends to the whole of India except the state of Jammu and Kashmir and Andaman and Nicobar Islands. Further, this act is not applicable to the Waqf, religious or charitable endowments and to a few others.

Eligibility criteria for Trust Registration in India

To obtain the registration certificate for a Trust, you need to keep in mind the following points:

  1. Your Trust should follow the rules of the by laws.
  2. All the members mentioned in your Trust should have a clean record.
  3. Your Trust’s purpose should not contravene the Indian Trust Act, 1882.
  4. The applicant must follow the precise trust registration format.
  5. You must agree never to contravene the rules and regulations of your by laws.

You must specify the beneficiaries in the documents you submit for the Trust Registration application in India. For instance, when you submit an application for family trust registration in India, you must be explicit about the Trustor and the Trustee.

Documents required to obtain an Trust Registration

Following documents are required for filing online form 10A –

  1. If the trust is created, or the institution is established, under an instrument, than in such case, self-certified copy of the instrument creating the trust or establishment of the institution is to be submitte;
  2. If the trust is create, or the institution is established, otherwise than under an instrument, than in such case, self-certified copy of the documents evidencing the creation of the trust or establishment of the institution is to be submitte;
  3. Self-certified copy of registration with the Registrar of Companies or Registrar of Firms and Societies or Registrar of Public Trusts, as the case may be;
  4. Self-certified copy of the documents evidencing adoption or modification of the objects, if any;
  5. Where the trust or institution has been in existence during any year or years prior to the financial year in which the application for registration, than in such case self-certified copies of the annual accounts of the trust or institution relating to such prior year or years is to be submitte;
  6. A note on the activities of the trust or institution needs to be submitte;
  7. Self-certified copy of existing order granting registration under section 12A or section 12AA; and
  8. Self-certified copy of order of rejection of application for grant of registration under section 12A or section 12AA, if any.

FAQs About Trust Registration?

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