Trust Registration Procedure

Procedures of Formation:
Charitable Trust : It contains information on:

i. Name(s) of the author(s)/settlor(s) of the trust
ii. Name(s) of trustee(s)
iii. Name(s) if any, of beneficiary including public at large
iv. Name by which trust shall be known
v. Name where principal and/or other offices shall be situated
vi. Property that shall devolve upon trustee(s) under trust for benefit of beneficiary/ies
vii. Intention to divest trust property upon trustee(s)

The objects of the trust:
i. For appointment, removal or replacement of trustee
ii. Making them understand their rights, duties and powers
iii. Rights and duties of beneficiary/ies

A charitable trust is not required to obtain registration under the Indian Registration Act.

Society: Society is defined as company/association of persons who are united together through mutual consent for deliberating/determining/acting jointly for same common purpose. It needs a minimum of seven persons to be eligible to enter into contract for formation of society and needs to get registered under the Societies Registration Act, 1860.

Some advantages of society formation include:

• It provides a corporate appearance to organization
• It provides greater flexibility as its easier for amending memorandum and bye laws of society than of a trust where all terms are strictly manifested in trust deed.

Society Inception:
Formation of ‘Society’ needs procedural formalities like:

• Memorandum of Association
• Rules and Regulations

Company Formation:
Company is formed under Section 25 of Company's Act and works as an association for purposes of:

• Promoting science, religion, commerce, art
• Promoting charity to any other useful object

Public charitable trusts can be established for a number of purposes, including the relief of poverty, education, medical relief, provision of facilities for recreation, and any other object of general public utility. Indian public trusts are generally irrevocable. No national law (except the broad principles of the India Trusts Act 1882, which governs private trusts) governs public charitable trusts in India, although many states (particularly Maharashtra, Gujarat, Rajasthan, and Madhya Pradesh) have Public Trusts Acts.
A ‘Company’ may be formed/incorporated without addition of word "Limited" or "Private Limited" and on completion of all formalities, the formation is certified through certificate of incorporation from the date company came into existence. An association that has already registered as company can also apply for license u/s 25.

INCOME TAX EXEMPTION FOR NGO
TRUSTS:
Under section 11(1)(a) to (c), income that is derived from property held under trust is exempt if following conditions are met:
a) Property is held under trust wholly for charitable/religious purposes
b) Income from such properties are applied to charitable/religious purposes
c) Income should be applied in India
d) At least 85% of income derived from properties held under trust is applied to charitable or religious causes in relevant previous year for claiming full tax exemption.

Note :

• Here, assessed needs to apply for registration in Form No. 10A in duplicate before expiry of 1 year from the date of creation of trust.
• Any voluntary contribution received by a trust or institution is exempt if (a) the trust is created wholly for charitable purposes and (b) contribution is not made with a specific direction that it shall form part of the corpus of the trust.