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13 Dec 2024   453

Trust Registration Process Explained – Everything You Need to Know

Trust Registration Process – Everything You Need to Know

Starting a charitable or non-profit organization in India requires a proper trust registration process to ensure transparency, credibility, and compliance with the law. Among the most reliable structures, a Trust is widely chosen by social workers, philanthropists, and NGOs. This article provides a detailed Trust registration process in India, covering documents, eligibility, and benefits, so you can establish your trust with confidence.


What is a Trust?

A Trust is a legal arrangement where the author (settlor) transfers property to trustees for the benefit of beneficiaries. In India, trusts are commonly created for:

  • Charitable and educational purposes

  • Religious activities

  • Social welfare programs

  • Healthcare and community development

Trusts are governed by the Indian Trusts Act, 1882 (for private trusts) and relevant state laws for public charitable trusts.


Why Register a Trust?

Registering a trust gives it legal recognition and ensures smooth functioning. Key benefits include:

  • Legal protection of trust property

  • Eligibility for tax exemptions under Section 12A and 80G of the Income Tax Act

  • Enhanced credibility with donors, government bodies, and stakeholders

  • Access to CSR funds and foreign contributions (with FCRA approval)

  • Transparency and accountability in operations


Types of Trusts in India

  1. Private Trusts – Created for the benefit of individuals or families

  2. Public Charitable Trusts – Established for charitable and social purposes


Step-by-Step Trust Registration Process

1. Choose a Unique Name for the Trust

The trust name should not resemble any existing registered trust or violate trademark rules.

2. Draft a Trust Deed

The Trust Deed is the most important legal document, defining:

  • Objectives of the trust

  • Details of trustees and settlor

  • Rules and regulations for management

  • Beneficiaries of the trust

3. Decide the Trustees and Beneficiaries

At least two trustees are required, but the number may vary depending on the state laws.

4. Prepare Required Documents

Commonly required documents include:

  • Identity and address proof of settlor and trustees

  • Passport-size photographs

  • Proof of registered office (rent agreement or ownership documents)

  • Trust deed on stamp paper (value depends on state rules)

5. Submit Application to Registrar of Trusts

The trust deed and documents must be submitted to the local Registrar of Trusts in the jurisdiction.

6. Verification and Registration

After document verification, the Registrar issues a Certificate of Registration for the trust.


Documents Required for Trust Registration

  • Trust Deed (two copies)

  • Identity proof (Aadhar, PAN, Passport, Voter ID) of settlor and trustees

  • Address proof of registered office (electricity bill, water bill, rent agreement, NOC from landlord)

  • Passport-size photos of trustees

  • PAN card of the trust (post-registration)


Timeframe and Cost

  • Timeframe: 7–15 working days (varies by state)

  • Cost: Includes stamp duty on trust deed + registration fee


Post-Registration Compliance

After trust registration, certain compliances are essential:

  • Apply for PAN & TAN for the trust

  • Open a bank account in the trust’s name

  • Apply for 12A and 80G registration for income tax exemption

  • Maintain proper accounting and audit records

  • File annual returns and reports as per applicable laws


Common Mistakes to Avoid

  • Not drafting a clear trust deed

  • Choosing a duplicate or invalid trust name

  • Incomplete or mismatched documents

  • Ignoring post-registration compliances


How Registration Guru Can Help

At Registration Guru, we specialize in Trust Registration in India with expert legal guidance. Our professionals ensure a hassle-free process by:

  • Drafting a legally sound trust deed

  • Assisting in document preparation

  • Liaising with the registrar for quick approval

  • Helping with 12A & 80G registration for tax benefits

  • Offering end-to-end compliance support

With years of expertise, we’ve helped hundreds of NGOs, charitable trusts, and organizations get registered successfully.


Summary

Registering a trust is the first step towards building a credible non-profit organization in India. A properly registered trust not only builds trust among donors and beneficiaries but also opens the door to tax exemptions and government recognition.

If you’re planning to start a trust, let Registration Guru be your partner. We’ll guide you through the entire trust registration process in India with expert care and 100% compliance.

 


FAQs on Trust Registration

1. How many members are required to register a trust in India?
At least two trustees are required, but the number can be higher based on state laws.

2. Can a family trust be registered in India?
Yes, private/family trusts can be registered under the Indian Trusts Act, 1882.

3. What is the cost of trust registration?
The cost varies from state to state depending on stamp duty and registrar fees.

4. Is it mandatory to register a trust?
For legal recognition and tax exemptions, registration is mandatory for public charitable trusts.

5. Can NRIs register a trust in India?
Yes, but they must comply with FCRA rules if foreign funding is involved.

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