Registration of a Non -Profit organizations in India :
- Trust
- Society
- Section-25 Company
Additional Licensing/ Registration
1. Trusts
A public charitable trust is habitually floated when there is property involved, especially in terms of land and building.
Legislation: Different states in India have different Trusts Acts in force, that govern the trusts in the state, in the absence of a Trusts Act in any particular state or territory the general principles of the Indian Trusts Act 1882 are applied.
Main Instrument: The main instrument of any public charitable trust is the trust deed, wherein the aims, objects and mode of management should be enshrined. In every trust deed, the maximum and minimum number of trustees has to be specified. The trust deed should clearly spell out the objects and aims of the trust, how the trust should be managed, how other trustees may be appointed or removed, etc. The trust deed should be signed by both the trustees and settlers in the presence of two witnesses. The trust deed should be executed on non-judicial stamp paper and the value of which would depend on the valuation of the trust property.
A. Trustees: A trust requires a minimum of two trustees; there is no upper limit to the number of trustees. The trustees are comprised by the board of the management.
Application for Registration:
The application for registration should be made to the official having jurisdiction over the region in which the trust is to be registered. After providing details regarding designation by which the public trust shall be known, names of trustees, mode of succession, etc., the applicant has to affix a court fee stamp of Rs.2/- to the form and pay a nominal registration fee that may range from Rs.3/- to Rs.25/-, depending on the value of the trust property. The application form should be signed by the applicant before the superintendent or regional officer of the regional office of the charity commissioner or a notary. The application form should be submitted, with a copy of the trust deed. The affidavit and consent letter are two other documents which should be submitted at the time of making an application for registration.
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