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Trust Registration

Important Points to Remember for a Trust Enrollment

We can all agree that the cost of higher education is a significant financial hardship for many households. It is a win-win situation for everyone involved if a child can be helped financially. This is the main aim of educational trust registration.

An Educational Trust Enrollment can be described as an organization that has been registered under the society registration Act and is committed to carrying on education-related activities and to the development of education as a whole in. It also concentrates on the promotion of education and the awareness level in a particular section of society, such as women, children, and so on.

An educational Society is also essential as it offers some education-related grants from the government, such as land for schools or colleges. It is very important to get your educational trust registered. Vakilsearch is your one-stop shop for any legal matters related to trusts, properties, land, GST, and so on. Reach out to Vakilsearch to make all your legal matters easy.

Overview of Trust Enrollment In India

A trust is created with the aim to aid in the development of literature, sciences, and other honorable causes such as helping with diseases, consenting education to those in need, and providing medical assistance. It is compulsory to complete the trust deed registration to complete the entire process without any hassles. Trust Enrollment is the process of authorizing a trust deed (a legalized contract between a trustee and a settlor) by the registrar of that respective jurisdiction. The Trust acts as a legal entity that is responsible for the lawful allocation of the assets of the settlor amongst the beneficiaries concerned. The trust is effective immediately as the registrar gives the authorization to a trust deed.

Trusts are irreversible and cannot be canceled or shifted without obtaining the required permission from the court. The registration process for a trust may seem complicated. However, Vakilsearch is here to help you simplify all the steps of trust Enrollment.

Important Points to Remember for a Trust Enrollment

The revenue generated by a trust does not come under income tax. To make use of this rule, after registration, one needs to obtain an income tax department certificate. This specific certificate is termed u/s 12A. Public trust are also exempt from the tax when donations are made  (which means that donors need not pay a tax on the donations that are made towards the trust). For this, one needs to obtain a certificate from the income tax department known as the 80G certificate. Lawyers can help one register a trust. Once a trust is registered, one needs to obtain 80G and 12A certifications. Vakilsearch can offer various legal services and can help you with registration. After registering the trust, to obtain 12A and 80G certifications, you may require some legal help. Vakilsearch should be your go-to partner for any legal help you may need with registering your trust.

Benefits of Trust Enrollment

The Indian Trust Act of 1882 oversees all the Trusts that are registered in India and simplifies all the legal requirements for the same. A trust is typically referred to as a legal arrangement where the Trust’s owner handovers the property to the concerned beneficiary (or trustee). The aim of the Trust is to ensure a seamless allocation of the Trustor’s assets amongst the beneficiaries as per the clauses mentioned in the Trust deed.

The following are the benefits of registering a trust:

To Encompass Charitable Undertakings: A charitable trust is mainly a way to set up the assets to benefit you, a charity, and the concerned beneficiaries simultaneously. Such a trust could make use of various benefits for a person looking to help society with nonessential assets, such as real estate or stocks.

Availability of Tax Exemptions: The trusts that are registered in India can avail of various tax exemptions provided by an income tax department. As the trust’s objective is not profit generation, such as for NGOs, these trusts are eligible to take advantage of the numerous tax relaxations. But you must understand that this benefit is only available to trusts having a registered deed.

Provides Financially Aids to Individuals: A trust which is registered can facilitate financial aid to poor people through charitable activities.

No Legal Hindrances: The Indian Trusts Act of 1882 assures legal prevention for the Trust. This act also prevents third parties from making unnecessary claims that could harm the legal notification of a trust.

Guarantees Legal Coverage for the Family Wealth: A trust can be used to assign specific assets, such as an interest/land in the entity formed by the family, that may not be possible for a trustor to divide between individuals.

Documentation Required for Trust Enrollment

The following are key documents to arrange for trust Enrollment:

  • Address proof associated with the registered office, such as utility bills/copy of the certificate of property
  • Proof related to the identity of the trustor and trustee, such as voter ID, Aadhaar card, DL, Passport
  • NOC from the landlord if the property is rented.
  • Trust deed’s objective
  • Details about the settlor and trustee, such as occupation details and self-attested copy Id
  • Trust deed on a proper stamp value
  • The settlor and trustee photos
  • PAN details

The trust deed must reflect the following information:

  • Trust registration address
  • Number of trustees
  • Proposed rules that will govern the trust
  • Proposed name of the trust
  • Presence of settlor as well as two witnesses at the time of registration of trust

Conclusion

Trust Enrollment is required Vakilsearch, with its team of experts, can finish the trust Enrollment online process very efficiently and quickly. For a trust to be legalized, the concerned parties, that is, the trustee and the trustor, need to obtain a trust deed. Just reach out to the team of experts at Vakilsearch, and everything will be taken care of.  

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