Easily Register your trust under private trust act or for Charitable NGO purpose and get assistance for all legal compliance of Trust registration as per requirement of your Trust in simple and professional way with faster & limited time period.
Business starter Provide Trust Registration and consultancy service in moradabad and all states in uttar Pradesh other legal compliances are also available Like drafting Trust deed, Trust ITR, Trust Funding, Trust Annual Report, Donation, Website, Trust Branding etc. contact business starter team for trust registration in India and nearby area.
What are Trust ?
A” Trust” is an obligation annexed to the ownership of property, & arising our of a confidence reposed in and accepted by the owner, or declared and accepted by him, for the benefit of another, or of another and the owner.
> Author of Trust– The person who reposes or declares the confidence is called “the author of the trust.
> Trustee– The person who accepts the confidence is called the “trustee”.
> Beneficiaries– The person for whose benefit the confidence is accepted is called the “Beneficiaries”
> Trust property– The subject matter of trust is called “Trust property” or “Trust Money”.
> Instrument of Trust– The instrument, if any, by which the trust is declared is called the “Instrument of Trust”.
TRUST CAN BE DEFINE AS
1. Public Trust
2. Private Trust
Public trusts is created for one or more of the following purposes:
> relief from poverty or distress.
> medical relief.
> For the advancement of any other object of general public utility.
Private trust is created for transfer of wealth. In a private trust, if you (settlor) can transfer your movable property such as a car as a well as immovable property such as a property or a land the trustee (person who hold a property behalf of your beneficiary/children). You can also transfer shares , mutual fund, fixed diposits , cars , land, apartments , gold, aret as well as antique item to trust.
Other part for creation of private trust are:
> a declaration of trust which is binding on settlor,
> setting apart definite property and the settlor depriving himself of the ownership thereof, and
> a statement of the objects for which the property is thereafter to be held, i.e. the beneficiaries
> Bombay public trust act – Most states have used the Bombay Public Trusts Act, 1950 as a model for enacting similar acts (Government of Maharashtra, 1950).
> Indian trust act – The Indian Trust Act, 1882 has limited application to ‘private’/ ‘family’ entities registered as ‘trusts’ (Government of India, 1882).
Registration of trust :
1. Registration under state Act – For private trust registration follow a trust registration procedures under Indian trust Act 1882.
2. Registration under Income tax Act – For public charitable trust the provisions of section 12AA of income tax act provides for a procedure to be followed for grant of registration for charitable and religious purpose.
In case of Charitable or religious Trust in relation to an immovable property, for claiming exemption u/s. 11 of the I.T. Act 1961 it is essential that the instrument of trust is duly registered.
following steps for registration of trust are required to be followed:
- Name of the trust
- Address of the trust
- Objects of the trust (charitable or Religious)
- One settler of the trust
- Two trustees of the trust
- Property of the trust-movable or immovable property (normally a small amount of cash/cheque is given to be the initial property of the trust, in order to save on the stamp duty).
Step 2: Prepare a Trust Deed on stamp paper of the requisite value of stamp paper or registrar duties.
Step 3: Go to Local Registrar office under the Indian Trusts Act, 1882 with below documents:
- Trust Deed on stamp paper of requisite value
- One passport size photograph & copy of the proof of identity of the settler
- One passport size photograph & copy of the proof of identity of each of the two trustees.
- One passport size photograph & copy of the proof of identity of each of the two witnesses.
- Signature of settler on all the pages of the Trust Deed
- Witness by two persons on the Trust Deed.
Go to the local registrar office & submit the Trust Deed, along with one Photocopy for registration. The photocopy of the Deed should also contain the signature of settler on all the pages. At the time of registration, the settler & two witnesses are required to be personally present, along with their identity proof in the original. Another way for trust registration contact business starter support call 8868891669.
Step 4: The Registrar retains the photocopy & returns the original registered copy of the Trust Deed.
Registration of Trust Deed
Trust Deed has to be framed incorporating the required provisions for the management of affairs and objects of the organization. This deed has got to be registered with the registrar of trust or charitable commissioner where such office does not exist, it is registered with the Sub-Registrar of the Registration Department of the respective state government.
For a public trust, whether in relation to a movable property or an immovable property, the registration is optional but always desirable. A registered Trust Deed has the following advantages;-
> A registered Trust Deed becomes an official document which carries support and force of law.
> A registered Trust Deed effectuates transmutation of possession
> A conveyance of trust property to the trustee under a registered deed is generally not open to challenge.
(Follow link for register trust deed for registration of trust)
Trustee of Trust:
At least 2 trustees are needed to register a public charitable trust. In general, Indian citizen as trustees, though there’s no prohibition against non-natural legal persons or foreign citizen serving.
Trustees of a public trust are not, however, in any approach use trust property or their position for his or her own interest or private advantage.
Trustees may not enter into agreements during which they will have a private interest that conflicts or can conflict with the interests of the beneficiaries of the trust (whose interests the trustees are absolute to protect).
Indian public charitable trusts are generally irrevocable. If a trust becomes inactive due to the negligence of its trustees, the Charity Commissioner could take steps to revive the trust.
There is no central law governing public charitable trusts, though most states have Public Trusts Acts. Legal title of the property of a public public trust vests within the trustees.
Duties of trustee
> Inform himself of state of trust property
> Protect title to trust property
> Not to set up title adverse to beneficiary
> Take care of property as a man of ordinary prudence would deal with such property as own property
> Conversion of perishable property to permanent and immediately profitable character
> To be impartial
> Keep proper accounts and information; and
> Invest trust-money in prescribed securities and not others.
Those who benefit from the confidence accepted by the author / settler and trustee are known as “beneficiaries”. According to the Indian Trust Act, somebody who is a beneficiary will keep the property. A projected beneficiary could relinquish his or her interest to the trustee subject to the trustee with a claim inconsistent with the disclaimer or notice of the trust. Beneficiaries have the right to rent, advantage and specific execution, seeking copies of the trust’s instruments, forcing them to do any work, etc.
Type of working Trust
1. Revocable trust – it is recovable your assets even through transferred the trust are still are You can change the beneficiaries of the trust.
2. Irrevocable Trust – in an irrevocable trust after transfer of your assets the trustee are the owner of your assets behalf of your beneficiary.
The trust property means the property that belongs to a trustee and which is to be administered and disposed of by the trustee on behalf of the beneficiaries, in accordance with the trust objectives.
> Securities (equities, government bonds, etc.)
> Monetary claims (loan claims, lease/credit receivables, etc.)
> Personal property
> Land, buildings
> Intellectual property rights (patent rights, copyright, etc.)
Advantages of trust registration:
The Indian Trust Act is extremely flexible and provides for minimum government interference and regulation. It dosen’t specify the trustees and the mode of creation of the entity is also very easy.
> From taxation purpose, a charitable or religious trust enjoys several tax exemptions and advantages.
> Donations to eligible charitable institutions are also deductible from taxable income and financial gain of the donor.
> A trust can also be formed for the welfare of family members and relatives dependent upon the settlor. Besides, there’s a scope of tax planning through private trusts.
> The Institution of a trust permits the settlor to preserve his property from division and transfer to outsiders.
> Easy conveyance of trust-property to the Trustee.
> It is an official document with support and law.
> Business starter provide easy and simple way to register a trust.
Reasons for creating a Private Trust
The private trust route of succession planning is gaining quality in India, as money and wealth asset protection is growing quickly. It helps in securing the property whereas the heirs can benefit from it. Additionally it helps to maintain the next generation of wealth instead of eliminate. Besides, he will get enjoy from tax benefits advantages or tax deductions.
> Private trusts help in applying the trust’s assets and insolvency protection to retain the trustee’s or beneficiary.
> A private trust declared by will, registration would not be necessary, even if it included an immovable property.
In the case of these trusts, a part of their income is used to promote public welfare while the other part goes to an individual(s). The part of financial gain going to a person (s) is assessable as private, while the part used to promote public welfare is eligible for tax exemption under section 11 of income tax act additionally our team support for trust registration.