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Have you ever wondered about how much charities are helpful to the needy? Charitable Trusts and NGOs are some of the organizations that helped in COVID-19 the biggest worldwide pandemic that happened in 2020. These Trusts are established under the Indian Trusts Act, of 1882. But why does this kind of trust need to be registered, and what’s the process of trust registration in Jaipur? In this blog we discuss the type of trust and its process, so let’s start.
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WHAT IS TRUST?
A trust is a legal arrangement where a person (settlor) transfers property or assets to trustees to manage for the benefit of specified beneficiaries or purposes.
PURPOSE OF TRUST FORMATION
In 1882, the formation and regulation of trusts were governed by the Indian Trusts Act. Trusts are created for charitable, religious, educational, or private purposes to ensure the systematic management of assets or contributions.
TYPES OF TRUSTS IN JAIPUR
Trusts are categorized into two main types: Private Trusts and Public Trusts –
• PRIVATE TRUSTS
In 1882 the Indian Government established an Act for Indian Trusts called private trusts These were set up for the benefit of specific individuals or families.
• PUBLIC TRUSTS
The purpose of Public trust is to give benefits to the public through, charities, education, or religious activities. This type of trust depends on the state-specific or the location of registration.
BENEFITS OF TRUST REGISTRATION
There are so many benefits of Trust Registration –
• A registered trust can own property because they have legal identity from its founder and trustees.
• According to the 80G Certificate under the Income Tax Act, a donor can deduct 50% of their donation from taxable income.
• To encourage public value, Trust provides long-term taxation benefits.
• Both heirs and successors will get benefits from the Trust.
Apart from this Trust Deed, can not be dissolved easily, charitable exercise, and there are so many benefits of Charitable Trust Registration in Jaipur.
Well in simple terms Trust is the place where a person transfer assets to the second person for the help of a third person.
TRUST REGISTRATION ELIGIBILITY
To register for a Trust in India some things must be eligible for this –
• The Trust must be established according to the Act of the Indian government of 1882 we talked about this before in this blog.
• Two or more people must be needed for Trust Formation.
• The party must not be disqualified under any law in India.
• The purpose of the Trust is to help publicly.
• Not any activity done by the trustee harms anyone.
• Must have valid citizen ID, and also they must be 18 years old if male, and if female they must be 19 years old.
PROCESS TO REGISTER A TRUST
Step 1: Pick a Name
• First things first, you need a cool, meaningful name for your trust. But hey, no picking names that’ll land you in trouble under the Emblems and Names Act, of 1950.
Step 2: Choose Your Trust Squad (Authors and Trustees)
• Time to decide who’s in charge. Here’s the deal:
• Usually, there’s one mastermind (called the “Author”).
• You’ll need at least two trustees to kick things off, but feel free to have more.
• The author typically can’t be a trustee. Plus, they need to be an Indian resident.
Pro tip: Keep everyone’s roles crystal clear so there’s no drama later!
Step 3: Cook Up the Trust Deed and MOA
• The Trust Deed is your rulebook—it’s like the constitution of your trust. It lays down the dos and don’ts, how trustees can join or leave, and other nitty-gritty.
• Then there’s the MOA (Memorandum of Association), which is a fancy way of saying:
• Who’s involved? (Names, addresses, and signatures, please!)
• Why does this trust exist? (What’s your big goal?)
• Together, these documents are your trust’s birth certificate.
Step 4: Stamp It Like You Mean It
• Now grab a stamp paper because it’s time to prep your Trust Deed for the next step. The value of the stamp paper depends on the property value of your trust, and this varies by state.
• Also, you’ll need to cough up ₹1100, broken down like this:
• ₹100 for the registration fee.
• ₹1000 to keep a certified copy of the deed with the Sub-Registrar (basically the government’s filing cabinet).
• Hand over all your paperwork, and within a week, you’ll get your certified copy of the Trust Deed.
Step 5: Submit It to the Registrar
Once you’ve got your certified Trust Deed, head to the local registrar’s office. Here’s the checklist:
• Submit the deed (along with photocopies).
• The settler (that’s you!) needs to sign every page of the photocopies.
• Bring two witnesses. Everyone needs to show up in person with their ID proofs (both originals and self-attested photocopies).
• Heads up: Trustees showing up is optional and depends on the registrar’s mood!
Step 6: Get Your Trust Officially Stamped
You’re almost there! After submitting everything, the registrar keeps a copy of your deed and gives you back the original.
Within 7 working days, you’ll get the official Certificate of Registration. And just like that, your trust is all set to make the world a better place—or at least do something really meaningful.
DOCUMENTS REQUIRED FOR TRUST REGISTRATION
1. ID Proof for the Settlor and Trustees
• Aadhaar Card
• Voter ID
• Passport
• Driving License
• Basically, show the government you’re legit and not some undercover spy.
2. Address Proof for the Trust’s Home Base
You’ve got options here too:
• A copy of your property certificate
• Or a recent utility bill (electricity, water, or phone—ensure it’s not too ancient).
Pro Tip: If the place is rented, you’ll need your landlord’s No Objection Certificate (NOC).
3. The Objective of the Trust
• This is where you tell the registrar what your trust is all about. Be clear, concise, and maybe a little inspiring!
4. Details of Trustees and Settlor
You’ll need:
• A self-attested copy of the settlor and trustee ID and address proof (because, you know, authenticity is key).
• Their occupation details.
5. Trust Deed on the Right Stamp Paper
• Get the Trust Deed prepared on stamp paper with the correct value.
• 6. Smile for the Camera
• Grab some good passport-sized photos of your Trustees and Settlor.
7. PAN Cards of Trustees and Settlor
• Yes, PAN cards are a must. If you don’t have one yet, this is your sign to get it done ASAP.
CONCLUSION
Charitable trusts play a vital role in supporting the needy, ensuring resources are used efficiently for societal benefit. Trust registration provides legal recognition, tax benefits, and accountability. By understanding the process and seeking guidance from a tax advisor, individuals can establish trusts effectively, contributing to a better and organized charitable framework.
CA Jitendra Agarwal, a Chartered Accountant, is an experienced Income Tax Advisor with a proven track record in tax planning and compliance.
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