The trust Act was introduced in India in the year 1882, for the purpose of registering the Trusts. Under the said act, a trust is defined as “an obligation annexed to the ownership of property and arising out of a confidence reposed in and accepted by the owner, or declared and accepted by him, for the benefit of another or of another and the owner”. Most of the trusts that are registered in India are usually under the category of Public Charitable Trusts which belonging to a non - profit entity. These Public Charitable trust can be established for various purposes such as:
· Provision of facilities for recreation
· General Public welfare
Documents that are required for Trust Deep Registration:
The list of documents that needs to be submitted for getting a Trust Deed Registration are as follow:
1. If an instruments creates or establishes a trust or an institution, then they need to submit a self - certified copy of the document mentioning the same.
2. In case the trust created or the institution established is not under an instrument, then a self - certified copy of the document which proves the creation of such trust or the establishment of such institution has to be submitted.
3. As per the specifications of the individual cases, a self - attested copy of either the registration with the Registrar of Companies or the Registrar of Firms and Societies or the Registrar of Public Trusts needs to be submitted.
4. In case any of the objects of the Trust or Institution either alters or modifies or adapts they need to submit a self - attested copy of it.
5. If it so happens that the trust or the institution was carrying on their operations for year or years before the financial year in which they have filed an application for registration, then in such cases they need to submit a self - attested copy of their annual accounts in accordance with all the previous years.
6. They also need to submit a note inn respect to the activities carried on by the trust or the institution.
7. The order which granted the trust or the institution the registration certificate under either Section 12A or Section 12AA, a self - attested copy has to be submitted as well.
8. If it so happens that they were once rejected registration under Section 12A or 12AA, then a self - certified copy of that order also has to be submitted.
The online Procedure for Registering a Trust Deed - Form 10A
The notification no. 10/2018-Income Tax dated 19.02.2018 was issued by the Central Board of Direct Taxes in India. With the implementation of this notification, the CBDT has now completely substituted the entire Rule. 17A. This rule dealt with the application which is filed for registration of a charitable or a religious trust.
With the new rules, the application which had to filed under Section 12A for the registration of the Religious or charitable Trust or even the institutions will now be filed through an online form 10A.