Trust Registration

Trusts are a business structure created with noble intentions to promote the development of sciences, literature, and other worthy causes. They serve purposes such as alleviating scarcity, providing education to those in need, and offering medical support. Trust registration is officially registering a trust under the Trusts Act of 1882. This legal step ensures that the trust is recognized and operates within the framework of the law. Trust registration provides legal validity and establishes its existence as a separate entity.

If you are contemplating the creation of a trust for non-profit or charitable purposes, registration of a trust is vital to ensure its effective operation and compliance with legal obligations. At IndiaFilings, we have a dedicated team of professionals ready to support you every step of the way during the trust registration and getting a trust registration certificate. We clear up your doubts and confusion on how to register a trust in India. Our aim is to provide you with a seamless and efficient trust registration process.

Contact us today to discuss your registration needs and benefit from our expertise in establishing legally compliant and effective trusts.

Trust & Trust Registration - An Overview

Individuals establish trusts to allocate a portion of their assets or property for the benefit of another person. A trust is a fiduciary relationship involving the trustor, trustee, and beneficiary. The involved parties are outlined in the trust deed when applying for registration for trust creation.

A trust is established when the trustor transfers a specific asset or property to the trustee for the ultimate benefit of the beneficiary. The beneficiary, who is typically a third party, may have a connection to both the trustor and the trustee.

Therefore, the relationship between the parties involved is essential in defining trust. According to the Indian Trusts Act of 1882, a trust is defined as a "Relationship between the trustor and trustee to hold specific benefits for the beneficiary."

Parties involved in the Trust Registration Process

The trust registration process involves the following parties:

Trustor:
The trustor is the person who establishes the trust. They are typically the owner of the assets or property being placed in the trust.

Trustee:
The trustee is an individual or entity entrusted with the responsibility of managing and overseeing the trust. They hold and administer the trust property on behalf of the trustor and for the benefit of the beneficiary.

Beneficiary:
The beneficiary is the person for whom the trust is created. They are the intended recipient of the benefits, assets, or property held within the trust. The beneficiary can be a third party, known to both the trustor and trustee, and they are entitled to receive the benefits according to the terms and conditions of the trust.

Types of Trusts

Trusts can be classified into various categories based on the activities they undertake. You need to understand these types to navigate how to register a trust in India. Here are the different types of trusts:
1. Public Trust
2. Private Trust
3. Public Cum-Private Trust

Private Limited Trusts Private Limited Trusts are established to carry out activities for specific individuals, families, or close associates. These trusts can have beneficiaries closely related to the trust'strust's founders. Private limited trusts are governed by The Trusts Act of 1882.

Public Limited Trusts Public limited trusts are typically created to benefit the general public. They are often established for charitable, educational, and religious purposes and are governed by specific statutes such as the Religious Endowments Act of 1863, the Charitable and Religious Trust Act of 1920, or the Bombay Public Trust Act of 1950. Charitable and religious trusts are the most common types of public trusts in India.

Public Cum-Private Trust This type of trust serves both public and private purposes. It can utilize its income for the benefit of the public and specific individuals or families. The beneficiaries of a public cum-private trust can be a combination of public and private individuals.

Regulatory Authority and Laws for Trust Registration

The Registrar of Trusts is the primary regulatory authority responsible for the registration of trust in India. Their role involves maintaining a comprehensive database of all registered trusts in the country. The registration process for private trusts is governed by the Trusts Act of 1882.

In the case of public trusts, no singular governing act applies uniformly. Public trusts in India must be registered with the relevant state authority as required by the applicable state act.

Several laws play a significant role in the regulation of trusts in India. These include:
Trusts Act of 1882: This act provides the legal framework for registering and administrating private trusts. It outlines the rights, responsibilities, and procedures associated with registration for private trust.

Income Tax Act of 1961: The Income Tax Act grants certain tax benefits and exemptions to registered trusts. Donors can take advantage of tax deductions under this act when making contributions to registered trusts.

Societies Registration Act of 1860: Although it does not directly govern registration of trust establishment, this act regulates the trust formation and functioning of societies involved in charitable, literary, scientific, or artistic activities. Societies often work alongside trusts and may engage in similar endeavors.

Reasons for Trust Registration

Obtaining charitable trust registration for the is necessary for the following reasons:

1. It ensures proper regulation of trust activities, ensuring compliance with laws and regulations. Trusts aim to promote non-commercial activities in areas like arts, science, education, and the environment, contributing to a better society.
2. Registered trusts can claim income tax benefits under sections 12A and 80G, encouraging donations and support.
3. Public trusts serve the general public, and registration ensures they act in the public’s best interests.
4. It provides a license to conduct trust-related businesses within the legal framework.
5. Trusts contribute to the development of sectors like education, healthcare, social welfare, and the environment.

By registering, trusts fulfill their objectives, gain legal recognition, and access government benefits and opportunities.

How can IndiaFilings help in securing Trust Registration?

At IndiaFilings, our team of experts is committed to providing you with the necessary support for charitable trust registration and ensuring compliance. It involves intricate legal implications that require careful attention. Our experts will resolve your questions regarding how to register a trust in India. Our professionals ensure that you gain a deeper understanding of the governing provisions of Trust in India, enabling you to undertake Trust-related activities with minimal legal hassles.