Trust Registration

Trust is a special form of organization which emerges out of a will. The will maker exclusively transfers the ownership of a property to be used for a particular purpose. If the purpose is to benefit particular individuals, it becomes a Private Trust and if it concerns some purpose of the common public or the community at large, it is called a Public Trust.

Trusts can be formed

  • By way of formal registration before the Charity Commissioner / Inspector General of Registration under the respective State Public Trusts Act.
  • By invoking interference of civil courts to lay down schemes for governing a Trust under Sections 92 and 93 of the Civil Procedure Code
  • By registering the Trust deed of a Public Charitable Trust under the Registration Act, 1908

Comparison between Trust, Society & Section 8 Company

Description Trust Society Section 8 Company
Statute / Legislation State Trust Act. Societies Registration Act. Companies Act
Jurisdiction of the Act Concerned state where it is registered Concerned state where it is registered National
Authority Charity Commissioner Registrar of Societies Registrar of Companies
Registration As Trust As Society AOA & MOA
Stamp Duty Trust Deed to be executed on non-judicial stamp paper of prescribed value. No stamp paper required MOA (by law) and rules of regulations As per companies Act
Authority Charity Commissioner Registrar of Societies Registrar of Companies
Minimum Person Required Trustees Executive Committee Board of Directors / Management Committee
Mode of Succession of Board of Management By Appointment Elected by Members Elected by Members

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