Trust

Income Tax Act, 1961 defines a Trust as “An arrangement by which property is handed over to or vested in a person, to use and dispose off assets for the benefit of another person” The different Acts that govern trusts in India are the Indian Trusts Act 1882, Indian Succession Act, 1925, the Charitable and Religious Trust Act, 1920, the Religious Endowments Act 1863, and the Charitable Endowments Act 1890.

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Types of Trusts

There are two kinds of trusts –

  1. Private Trust and
  2. Public Trust

There are multiple differences between public and private trust. One of the most prominent distinguishing characteristics is to see who the beneficiaries of the trust are.

We’ll delve into the meaning and how to form a trust both private and public.

Private Trust

A private trust may be created either transfer (inter vivos/living trust) or by will. In a situation where there are a limited and particular number of beneficiaries, it is a private trust.

Requirements for creation of Private trust:

  • Author/settlor who intends to form a trust
  • Transfer of the ownership by the author of the trust in favor of the trustee, where the gains flow to the beneficiary.
  • A Trust property
  • Clear and specific objects of the Trust
  • Beneficiary of the Trust (particular person or persons)

Public Trust

A public trust is created for a large group, i.e., the public in large. Eg: Non-Profit NGO’s Charitable Institutions for the general public.

Requirements for creation of public trust:

  • Trust deed with aims and objects of trust
  • Author of trust
  • Minimum 2 trustees
  • Trust property

How to Register Trust?

A public trust is created for a large group, i.e., the public in large. Eg: Non-Profit NGO’s Charitable Institutions for the general public.

Step 1: Name Selection: The first step is to select a distinctive name for your Trust and such name must be new and must not lead to any violations.

Step 2: Determine the number of Trustees: Once you choose the name of Trust, then the parties should choose the settlers of the Trust, and a minimum of two trustees are required for creating Trust, and the Trustees must be an Indian Resident.

Step 3: Draft a Trust Deed: After that, you have to draft a Trust Deed. You can check all the requirement of drafting a Trust Deed from above.

Step 4: Register with sub-registrar: For the Registration of Trust Deed, trustees and Trust’s Author should be present with the sub-registrar office along with two witnesses. There must be properly attested copy of Trust Deed and registration fee must be paid.

Step 5: Apply for PAN and TAN: On the Registration of Trust Deed, apply for PAN and TAN of the company afterwards apply for a bank account.