Kumari Palany & Co

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Trust Registration Procedure

Posted on: 19/Jul/2019 12:00:15 PM
Trust Registration Procedure

Step -1 : 
The drafting of a trust deed. The trust deed is to be executed on appropriate non-judicial stamp paper. Note that the rate of stamp duty differs from state to state.

Step - 2 :
Seek an appointment with the sub-registrar office having jurisdiction based on the registered office of the trust, and after this, the government registration fee is to be paid.

Step - 3 :
On the appointed date the trust deed is presented before the sub-registrar where all trustees need to be present along with two witnesses. The registration process is then undertaken by the office of the sub-registrar, and the registered deed can be collected after a week time.

Step - 4 : 
Get the PAN and TAN Number allotted for the trust and open a Bank A/c for the trust.

Important aspects to know before Trust Registration
Private versus Public Trust - Indian Trusts Act, 1882 regulates and administers the private trusts in India, whereas the public trusts direct the functioning of public trusts except in the state of Maharashtra and Gujarat where public trusts are governed by Bombay Public Trusts Act, 1950. 

Number of Trustees - There is no upper limit for the trustees in a trust, but a minimum of two trustees are always required for registration. The trust deed should have provision concerning the management of the trust along with the procedure of appointing or removing the members.

Trust Deed - The trust deed is the most important instrument in a trust, it prescribes the main objectives for which the trust is set up. Apart from the main objects of the trust, it defines its beneficiary and the powers of the trustee. The deed is signed in presence of two witnesses.

Tax Benefit - Government privileges and tax benefits are not available to a private trust, whereas public trusts after registration with the income tax can avail certain tax exemptions. We are experienced in obtaining necessary income tax registration for tax exemption or benefit.

Documents Required for Trust Registration

(A) Documentation of the Trust & Trustee
  • Trust Deed on Proper Stamp Value
  • Two Photographs of Partners
  • PAN Card of Each Partner
  • Identity Proof of each Partner
  • Address Proof of Partner
  • Signed Declaration (s) from Partners

(B) Documentation for the Trust Registered Address
  • Proof of Registered Office
  • Utility Bill as proof must be Latest
  • NOC from the owner of the premises.

The Process of Trust Registration

SELECTION OF NAME :
First thing is to select a unique name of your trust, the name should not violate or infringes someone else name or trademark.

DRAFTING OF DEED :
The trust deed needs to be drafted wherein the parties to the deed shall be settler (author of the trust deed), the trustee and the beneficiary.

TRUST REGISTRATION :
A trust deed is a document which requires mandatory registration before the registrar of the trusts having jurisdiction.

PAN, TAN & BANK A/C :
After registration of the trust, the next step is to apply for allotment of PAN Number and TAN and thereafter opening of a bank A/c.