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To run an NGO in India, a non-profit organisation can be registered under any of the three options as given below:
A Trust is a closer system of a registered body with limited membership. It can be a family trust or a public trust. Election of office-bearers is not compulsory. Normally Trusts are created by dedicating some property to a charitable purpose, however, some cash fund may also be spared by the trust or trustees for charitable purpose while creating a trust.
Well; you can register an NGO/NPO as Trust with a charitable purpose. Such purposes may include social contribution in the form of education, medical help or undertaking activities of public utility that promote public welfare.
The most preferred way to run an NGO or a non – profit organization under trust is to form a Public Charitable Trust. Private trusts are governed by the Indian Trusts Act (1882) and are used for private purposes, such as running a private estate or institution. Know more about Trust Registration with the support of our experienced Compliance Managers at Compliance Calendar LLP.
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For doing a charitable work for public, Public charitable trusts can be set up. India doesn’t have a national level law to govern charitable trusts, however; few states have enacted Public Charitable Trusts Act and NGO trust registration has to be done.
In the absence of a Trusts Act in a particular state or territory, the general principles of the Indian Trusts Act, 1882 shall apply for the NGO trust registration.
A Trust after its registration shall do the following compliance:
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To register an NGO as Trust, we require certain fixed documents whose quick checklist has been given below for your easy understanding:
Registration of a Trust Deed is completely a legal work and it requires knowledge of Indian Trust Act and in-hand experience of clearing any objections raised by the concerned Sub-Registrar.
Trusts are registered using a document called Trust Deed. All trustees and witnesses will have to give thumb impressions/signatures on all papers.
Following items must be mentioned in the trust deed document:
Other important aspects of a trust:
Since registration of Trust is completely a legal procedure, we at Compliance Calendar LLP can help you to register your NGO if you are struggling to get proper guidance with regard to Trust Registration legal registration process.
You can Get in touch with our Compliance Manager to understand Trust Registration annual compliance requirements including guidance with regard to their functioning and day-to-day operation, be it maintaining accounts, meeting legal compliance or making sure all the mandatory requirements of the law are fulfilled to save you from the severe fines, penalties and imprisonment due to non-compliance.
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Trust being a non-profit organization, they leverage the exemption from the provision of income tax under section 12A and the donors also get tax deductions under section 80G of the Income Tax Act, 1961 respectively.
Trust even today stands the oldest form of Non-Profit making organization in India.
Trust has lesser compliance in comparison to Society and Section 8 Company.
A private trust can be formed for the benefit of a group of people and not for all.
A Public trust can be formed for the benefit of the general public.
Even today, all temples have their NGOs in the form of Trust.
Trust Registration is best for these types of purposes.
Almost everyone is familiar with the name of Trust in India being the oldest form.
Trust implies the transfer of a property (cash, shares or valuable asset) from the owner to another person.
A minimum of two persons are required to register a Trust in India.
Yes. Unlike Societies, a Trust can be registered with the blood relations or even if they happen to be relatives.
The Trust can be registered for the benefit of general public. Generally, a public trust is created for setting up a school, colleges, other educational initiatives, hospital, old age homes, orphanage, for promotion of child health, welfare of weaker section of society, and for Corporate Social Responsibilities (CSR) by companies under section 135 of the Companies Act, 2013.
Basic KYC of Trustees, Registered office address proof and Trust Deed.
The normal processing time to register a Trust is somewhere between 10 days to 20 days. This time limit may vary subject to the Registrar Availability.
Yes. Our Compliance Manger will be there to assist you in the complete procedure of Trust Registration.
It depends on case to case basis. If Trust comes under the purview of the GST Act, it must get registered with GST.
A Trust is allowed receive foreign donations only when FCRA (Foreign Contribution Regulation Act 1976) registration has been obtained from Ministry of Home Affairs. FCRA license is normally applied when the Trust Registration is minimum 3 years older (in exceptional cases can be allowed-T&C.)
Not to worry at all! Someone from our experienced team will resolve all your queries. Our Compliance Manager will help you to give you the best advice without any fees. Get in touch with us. Write to us at firstname.lastname@example.org or WhatsApp/Call us +91 99 88 42 42 11.