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Ready to Register Your Trust?
Get started with IncorpX today and make your charitable vision a reality!
HERE'S HOW IT WORKS
1. Fill the Form
Simply fill the above form to get started.
2. Call to discuss
Our startup expert will connect with you & complete legalities.
3. Register Your Trust
Get expert assistance to register your Trust in just 7-10 days with our seamless online process.
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Trust Registration Package
₹999 /one-time
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Trust Deed Drafting
Trust Registration Certificate
Trust PAN Card
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IncorpX Prime
An all-inclusive solution for startups and expanding enterprises seeking a streamlined, compliant incorporation process.
Key Benefits
Personalised support from dedicated incorporation specialists.
Application prepared and filed within 2 days.
24/7 customer assistance.
Important Notes
We strive to register your preferred business name whenever feasible.
Alternative name suggestions are provided if the preferred name is not approved.
Package includes first-year compliance services: auditor appointment, annual filings, and related obligations.
Trust Registration is one of the oldest and most respected legal structures for charitable and religious organizations in India. Governed by the Indian Trusts Act, 1882 (for private trusts) and various state-specific Public Trusts Acts (for public/charitable trusts), a Trust provides a flexible and straightforward way to formalize charitable intentions and protect assets for beneficiaries.
A Trust is created when a person (called the Author/Settlor) transfers property or assets to another person (called the Trustee) for the benefit of a third party (called the Beneficiary). The terms of this arrangement are documented in a Trust Deed, which outlines the objectives, rules, and governance structure of the Trust.
Trusts are widely used for charitable purposes such as education, medical relief, poverty alleviation, religious activities, and environmental protection. They are also popular for family wealth management and succession planning. Once registered, a Trust becomes eligible for 12A and 80G tax exemptions, making it attractive for donors who can claim tax deductions on their contributions.
At IncorpX, we provide comprehensive Trust Registration services including Trust Deed drafting, registration with the Sub-Registrar, PAN application, and guidance on 12A & 80G registration. Our expert team ensures a smooth, paperless, and legally compliant registration process.
What is a Trust?
A Trust is a legal arrangement where one party (the Settlor/Author) transfers assets to another party (the Trustee) to hold and manage for the benefit of a third party (the Beneficiary). The Trust is governed by the terms specified in the Trust Deed, a legally binding document that outlines the objectives, rules, and management structure.
In India, Trusts are primarily of two types: Private Trusts governed by the Indian Trusts Act, 1882, and Public/Charitable Trusts governed by state-specific Public Trusts Acts (such as the Maharashtra Public Trusts Act, 1950 or the Rajasthan Public Trust Act, 1959). Charitable Trusts are formed for the benefit of the public at large, while Private Trusts benefit specific individuals or families.
Trusts are inherently irrevocable unless the Trust Deed specifically allows for revocation. This means once a Trust is created, the Settlor cannot easily take back the assets or dissolve the Trust without legal intervention. This feature makes Trusts particularly suitable for long-term charitable work and family wealth protection.
Key Elements of a Trust:
Author/Settlor:
The person who creates the Trust and transfers assets into it. The Settlor defines the objectives and terms of the Trust.
Trustee:
The person or persons who manage the Trust assets and ensure the objectives are fulfilled. Trustees have a fiduciary duty to act in the best interest of beneficiaries.
Beneficiary:
The person or group for whose benefit the Trust is created. In charitable trusts, the beneficiaries are typically the public or a section of the public.
Trust Deed:
The legal document that outlines the Trust's objectives, rules, trustee powers, and management structure.
Did You Know?
Trusts are one of the simplest NGO structures to form in India. Unlike Section 8 Companies, Trusts do not require government license approval before registration. A registered Charitable Trust can apply for 12A and 80G tax exemptions, enabling tax-free status and donor benefits.
Types of Trusts in India:
Understanding the different types of Trusts helps you choose the right structure based on your
objectives. Here are the main categories:
Public Charitable Trust:
Created for the benefit of the public at large. Objects include education, medical relief,
poverty alleviation, environmental protection, and other charitable purposes. This is the most
common type for NGOs and charitable organizations.
Religious Trust:
Formed for religious purposes such as maintaining temples, churches, mosques, gurudwaras,
or promoting religious activities. Can also provide charitable services alongside religious objectives.
Private Trust:
Created for the benefit of specific individuals or families. Common uses include family wealth
management, succession planning, and asset protection. Governed by the Indian Trusts Act, 1882.
Mixed Trust:
A Trust that combines both public and private objectives. For example, a Trust that benefits
family members while also conducting charitable activities for the public.
The choice of Trust type depends on your objectives, beneficiary group, and desired tax benefits.
Only Public Charitable Trusts are eligible for 12A and 80G registration.
What Are the Key Features of a Trust?
A Trust offers a unique combination of flexibility, simplicity, and legal protection. Here are the standout features that make it a preferred choice for charitable organizations:
1. Simple Formation
Trusts are easier to form compared to Section 8 Companies. No government license is required before registration.
2. Charitable Purpose
Ideal for promoting education, medical relief, poverty alleviation, religion, environmental protection, and other noble causes.
3. Trustee Control
Trustees have full control over Trust affairs as per the Trust Deed. This allows for quick decision-making without external approvals.
4. Asset Protection
Trust assets are separate from the personal assets of the Settlor and Trustees, providing protection from personal liabilities.
5. Perpetual Existence
A Trust can exist indefinitely, continuing its charitable work across generations regardless of changes in trustees.
6. Tax Benefits
Eligible for 12A (income tax exemption) and 80G (donor tax deduction) registrations, maximizing funds for charitable activities.
7. Irrevocable Nature
Once created, a Trust is typically irrevocable, ensuring long-term commitment to charitable objectives.
8. FCRA Eligible
Charitable Trusts can apply for FCRA registration to receive foreign contributions for their activities.
9. Minimal Compliance
Lower compliance burden compared to Section 8 Companies, making it suitable for smaller organizations.
10. Flexibility
The Trust Deed can be customized to include specific objectives, governance rules, and trustee powers as needed.
Benefits of Registering a Trust:
Why do charitable organizations and philanthropists choose the Trust structure? Here are the compelling benefits:
Quick Formation
Trusts can be registered in 7-10 days without the need for government license approval, unlike Section 8 Companies.
Donor Tax Benefits
With 80G registration, donors can claim tax deductions on their contributions, encouraging more charitable giving.
Tax Exemption
12A registration exempts the Trust's income from taxation, allowing more funds to be directed towards charitable work.
Trustee Autonomy
Trustees have complete control over the Trust's operations without external interference, enabling quick decisions.
Foreign Funding
Eligible for FCRA registration, enabling Trusts to receive donations from international organizations and NRIs.
Low Compliance
Simpler compliance requirements compared to companies, making it ideal for smaller charitable organizations.
Join thousands of successful charitable organizations registered with IncorpX!
Difference Between Trust and Other NGO Structures:
Choosing the right legal structure for your charitable organization is crucial. While a Trust offers simplicity and trustee control, other structures like Section 8 Company or Society might suit organizations with different needs. Below is a detailed comparison:
Key Feature
Trust
Section 8 Company
Society
Governing Law
Indian Trusts Act, 1882 / State Public Trusts Acts
Companies Act, 2013
Societies Registration Act, 1860
Registration Authority
Charity Commissioner / Sub-Registrar
Registrar of Companies (MCA)
Registrar of Societies
Minimum Members
2 (Author & Trustee can be same)
2 (Private) or 7 (Public)
7 Members
Separate Legal Entity
No (in most states)
Yes, fully recognized
Yes
Liability
Unlimited for Trustees
Limited to guarantee/shares
Limited to contribution
Control & Governance
Trustees have full control
Board of Directors, highly regulated
Governing Body/Managing Committee
Amendment of Objects
Very difficult, may require court approval
Possible with Central Government approval
Possible with member approval
Formation Time
7-10 days
15-20 days (license required)
15-20 days
Foreign Funding (FCRA)
Eligible after FCRA registration
Eligible after FCRA registration
Eligible after FCRA registration
Tax Benefits (12A & 80G)
Eligible
Eligible
Eligible
Compliance Level
Low to Moderate
High (Annual Returns, Audits)
Moderate
Dissolution
Difficult, requires court intervention
Complex, requires NCLT approval
Relatively easier with member consent
Best For
Family trusts, Religious organizations, Small NGOs
Large NGOs, Foundations, Federations
Clubs, Local associations, Cultural groups
Pros and Cons of Registering a Trust:
Explore the comprehensive pros and cons of forming a Trust in India to decide if this structure is right for your charitable organization.
Aspect
Advantages
Disadvantages
Formation
Simple and quick registration process. No government license required. Can be completed in 7-10 days.
Irrevocable in nature. Once created, the Trust cannot be easily dissolved or modified.
Control
Trustees have full control over Trust affairs as per the Trust Deed, enabling quick decision-making.
Trustees bear unlimited personal liability for Trust debts and obligations in most states.
Legal Status
Can own property, open bank accounts, and enter contracts, though not always recognized as a separate legal entity.
Not a separate legal entity in most states, which may limit certain legal protections.
Tax Benefits
Eligible for 12A (income tax exemption) and 80G (donor tax deduction) registrations.
Requires separate applications for tax benefits and ongoing compliance to maintain eligibility.
Flexibility
Trust Deed can be customized with specific objectives, governance rules, and trustee powers.
Amendment of objects or Trust Deed is very difficult and may require court approval.
Compliance
Lower compliance burden compared to Section 8 Companies, suitable for smaller organizations.
Must file annual returns with Charity Commissioner (in applicable states) and Income Tax Department.
Credibility
Trusts are well-recognized and trusted by donors, especially for religious and family charitable activities.
May be perceived as less credible than Section 8 Companies for institutional funding.
Succession
Perpetual existence ensures the Trust continues across generations, providing long-term stability.
Change of trustees requires following Trust Deed procedures and may need legal formalities.
Minimum Requirements for Trust Registration:
Minimum 2 Trustees required (Author can also be a Trustee)
Trust Deed outlining objectives and governance rules
Registered office address in India
Identity and address proof of all Trustees
Passport-size photographs of Trustees
No minimum capital requirement
Charitable objects for Public Charitable Trust
Two witnesses for Trust Deed registration
What Are the Documents Required for Trust Registration?
To ensure a smooth and rejection-free registration process, having the correct documents is essential. Here is the complete checklist:
Category
Document Type
Specific Examples
Purpose
For Author/Settlor
Identity Proof
PAN Card (Mandatory), Aadhaar Card, Passport, Voter ID
Establishes identity of the person creating the Trust
Address Proof
Recent Utility Bills or Bank Statements (not older than 2 months)
Verifies residential address of the Author
For Trustees
Identity Proof
PAN Card (Mandatory), Aadhaar Card, Passport, Voter ID
Establishes identity of all Trustees
Address Proof
Recent Utility Bills or Bank Statements (not older than 2 months)
Verifies residential address of Trustees
For Registered Office
Address Proof
Utility Bill or Property Tax Receipt (not older than 2 months)
Verifies the Trust's registered office address
Ownership Proof
Sale Deed or Property Documents (if owned)
Establishes ownership of the registered office premises
NOC / Rent Agreement
No Objection Certificate from owner or Rent Agreement
Grants permission to use premises as registered office
For Trust Deed
Trust Deed
Drafted document on stamp paper of appropriate value
Legal document defining objectives and governance rules
Witness Details
ID and address proof of two witnesses
Witnesses required for Trust Deed registration
Common Requirements
Passport-Size Photographs
Recent photos of Author and all Trustees
Used for identification and registration formalities
PAN Application Form
Form 49A for Trust PAN Card
Required for obtaining Trust PAN after registration
Step-by-Step Process for Trust Registration
Registering a Trust in India is a straightforward process. At IncorpX, we handle the entire process ensuring a smooth and compliant registration. Here is the roadmap:
Step 1: Choose Trust Name
Select a unique and meaningful name for your Trust that reflects its charitable objectives. The name should not be similar to any existing registered entity.
Step 2: Draft the Trust Deed
Our legal experts draft a comprehensive Trust Deed on appropriate stamp paper, outlining the objectives, trustee powers, governance rules, and succession provisions.
Step 3: Execute the Trust Deed
The Trust Deed is signed by the Author/Settlor, Trustees, and two witnesses. All parties must be physically present during signing.
Step 4: Register with Sub-Registrar
The executed Trust Deed is presented to the local Sub-Registrar's office for registration. All parties must appear in person with original identity documents.
Step 5: Obtain Trust Registration Certificate
After verification, the Sub-Registrar stamps the Trust Deed and provides the registered document. In some states, a separate registration certificate is issued.
Step 6: Apply for Trust PAN & Bank Account
We assist with PAN application for the Trust and help open a bank account in the Trust's name using the registered Trust Deed and PAN.
Get your Trust registered in just 7-10 days with IncorpX!
Compliance Requirements for Trusts in India:
Registering your Trust is just the first step. To maintain legal validity and tax exemption status, Trusts must comply with various regulations. Here's a comprehensive checklist:
Aspect
Compliance Requirement
Frequency
Why It's Important
Income Tax Return
File Form ITR-7 declaring income, expenditure, and tax exemption claims.
Annually (by due date)
Mandatory for maintaining 12A exemption status.
Audit Report
Get accounts audited by a Chartered Accountant if income exceeds ₹2.5 lakhs.
Annually
Verifies financial integrity and compliance with tax laws.
Annual Return (State)
File annual return with Charity Commissioner (in applicable states like Maharashtra).
Annually
Maintains active registration status under state laws.
Trustee Meetings
Hold periodic meetings as specified in the Trust Deed.
As per Trust Deed
Ensures proper governance and decision-making.
FCRA Compliance
File FC-4 return if registered under FCRA and receiving foreign contributions.
Annually (by December 31st)
Mandatory for maintaining FCRA registration.
12A & 80G Renewal
Apply for renewal of 12A and 80G registrations as per new Income Tax rules.
Every 5 years
Maintains tax exemption status for the Trust and donors.
Maintain Books
Maintain proper books of accounts, receipts, and records of all transactions.
Ongoing
Required for audit and tax filing purposes.
Change of Trustees
Record any change in Trustees as per Trust Deed provisions and update relevant authorities.
As required
Ensures legal validity of Trust operations.
Why Choose IncorpX for Trust Registration?
100% Online Process: Complete documentation support from anywhere in India.
Transparent Pricing: No hidden charges. Starting at just ₹999.
Fast Registration: Get your Trust registered in 7-10 days.
Expert Support: Dedicated legal support throughout the process.
End-to-End Service: From Trust Deed drafting to 12A & 80G registration.
FCRA Assistance: Guidance on FCRA registration for foreign funding.
FAQs on Trust Registration
Setting up a Trust in India is a meaningful step for anyone passionate about charitable work. With expert guidance, the registration process can be smooth and efficient. Here are answers to the most frequently asked questions.
A minimum of 2 Trustees is required to form a Trust in India. The Author/Settlor can also act as one of the Trustees. There is no upper limit on the number of Trustees.
A Trust Deed is the foundational legal document that creates the Trust. It outlines the objectives, trustee powers, governance rules, beneficiary details, and succession provisions. It is executed on stamp paper and registered with the Sub-Registrar.
Trust registration typically takes 7-10 working days, depending on document readiness and Sub-Registrar appointment availability in your area.
No, there is no minimum capital requirement for registering a Trust. You can create a Trust with any amount of initial corpus or assets.
A Trust is managed by Trustees with full control, requires minimum 2 members, and is irrevocable. A Society is managed by a Managing Committee, requires minimum 7 members, and can be dissolved by member consent. Trusts are simpler to form but harder to amend.
Yes, a Trust can own property, open bank accounts, and enter contracts in the Trust's name. All assets held by the Trust are managed by the Trustees for the benefit of the beneficiaries.
12A Registration exempts the Trust's income from income tax. 80G Registration allows donors to claim tax deductions on their contributions. Both registrations are essential for maximizing charitable funds.
Yes, a Trust can receive foreign contributions after obtaining FCRA (Foreign Contribution Regulation Act) registration from the Ministry of Home Affairs.
In most Indian states, a Trust is not recognized as a separate legal entity. However, it can own property and transact in its name through the Trustees. Some states have specific laws recognizing Trusts as legal entities.
Trustees generally have unlimited personal liability for Trust debts and obligations. They must act in the best interest of the beneficiaries and follow the Trust Deed provisions.
Amending a registered Trust Deed is very difficult and may require court approval, especially for changing the core objectives. Minor amendments may be possible if the original Trust Deed permits such changes.
Trusts are typically irrevocable and cannot be easily dissolved. Dissolution usually requires court intervention and a valid legal reason, especially for public charitable Trusts.
Stamp duty for Trust Deed varies by state. It is typically calculated based on the value of Trust property or a fixed amount as per state stamp duty rules. IncorpX will guide you on the applicable stamp duty in your state.
Yes, NRIs and foreign nationals can be Trustees in an Indian Trust. However, for FCRA registration, it is advisable to have majority Indian Trustees.
Trusts must file ITR-7 (Income Tax Return) annually, get accounts audited if income exceeds threshold, file returns with Charity Commissioner (where applicable), and maintain proper books of accounts.
Trustees can receive reasonable remuneration for their services if the Trust Deed permits such payments. However, the primary duty of Trustees is fiduciary, not commercial.
Under the new Income Tax provisions, 12A and 80G registrations are valid for 5 years and must be renewed before expiry to maintain tax exemption status.
A Trust can engage in limited commercial activities related to its objectives, provided all profits are used for charitable purposes and not distributed to members.
Trustee changes must be done as per the provisions in the Trust Deed. Typically, this involves a resolution, execution of a supplementary deed, and notification to relevant authorities.
IncorpX provides comprehensive Trust registration services including Trust Deed drafting, registration support, PAN application, and 12A/80G guidance. Our expert team ensures a smooth, compliant, and efficient registration process.
