Trust registration in India is a legal process through which a trust organization is established for charitable, religious, educational, or other philanthropic purposes. The trust registration is governed by the Indian Trusts Act. To register a trust, the founder must prepare a trust deed, which outlines the objectives, governing rules, and mode of management. The trust deed should be signed by the founder and witnessed. Once the trust deed is prepared, it must be submitted to the local Registrar of Trusts along with the required documents and prescribed fees. Upon successful registration, the trust becomes a separate legal entity capable of owning property, receiving donations, and carrying out its stated objectives.
Follow the below procedure for the trust registration process:
Draft a Trust Deed that includes details like Trust name, names of Trustees, mode of succession, etc.
Submit the Trust Deed to the Office of the Registrar of Trust along with the documents of the settlor and the witnesses.
The documents would include their photographs, identity, and address proofs.
After inspecting the deed, the registrar shall summon the settler and two witnesses to appear before him and sign the deed in his presence.
Pay the registration fee for the Trust.
Obtain a copy of the Trust Deed registration approved by the registrar.
Attach proof of the registered office address of the Trust, such as an electricity bill, water bill, or registration certificate
Document Required for the Registration
- Copy of trustors' and trustees' identification proof like passport, driver's licence, voter ID, and Aadhaar card.
- A copy of the trustee's and settler's identification.
- Photographs of trustees and settlers (passport size).
- Address proof for the Registered Office, such as a copy of the Property/Utility Bills certificate.
- If the property is rented, the Landlord must sign a no objection certificate.
- Deed of Confidence
Frequently Asked Question
Trust is registered in India under the Indian Trusts Act, of 1882. The registration process involves submitting an application to the Registrar of Trusts along with the necessary documents and fees. Once registered, the trust becomes a legal entity and can hold property, enter into contracts, and carry out its objectives as outlined in its trust deed. It is important for trusts to maintain proper records and comply with all legal requirements to ensure their continued validity and effectiveness.
In Tamil Nadu, trusts can be registered with the office of the Sub-Registrar of Assurances or with the Registrar of Societies, depending on the type of trust. It is advisable to seek legal guidance and assistance in registering a trust to ensure compliance with all applicable laws and regulations.
The documents required for trust registration may vary depending on the type of trust and the state in which it is being registered. However, some common documents include the trust deed, identity proof of trustees, and address proof of the registered office. It is important to carefully review the specific requirements for trust registration in your state and seek legal assistance to ensure all necessary documents are prepared and submitted correctly.
Yes, in India, trust registration online is possible through the Ministry of Corporate Affairs portal. And the online registration process may vary depending on the state in which the trust is being registered.
Once the trust is registered, a certificate of registration is issued, which contains the registration number. This certificate can be obtained from the Ministry of Corporate Affairs portal or by visiting the concerned Registrar of Companies office.
Yes, it is mandatory for all trusts to be registered under the Indian Trusts Act, of 1882. Failure to do so can result in legal consequences, and the trust may not be recognized by the government.