NGO Registration
In India, there are majorly 3 types of charitable organisations, also known as NGOs and all 3 of them are governed by different entities. Trust Society Not-for-profit Company also known as Section 8 Company WHAT IS A TRUST? Trust Registration is done in India by the Trust Act, 1882. A Trust is created for the beneficial interest of the Beneficiary. We can broadly classify trusts into two categories on this basis: Private Trusts Public Trusts Where the Trust is created for the benefit of a specified person or class of persons, it is known as a Private Trust. On the contrary, where the Trust Property is administered for the benefit/enjoyment of general public or a fluctuating class of persons and not just limited to a selective group, it is known as a Public Trust. As such, a Private Trust need not be charitable or religious in nature as opposed to a Public Trust. What are the requirements for creation of a Trust? Settlor/Author: A person who is the owner of a property and wants to create a Trust for benefit of a particular person or group of persons. Trustee: A person in whose favour the Trust Property is bequeathed upon by the Settlor/Author and a Trust is created by declaration inter vivos or by a will. Beneficiary: The person or class/group of specified persons for whose beneficial interest the Trust is created. Objective: Any Trust is created with a particular objective. Such objective should be stated clearly under the terms of a Trust Deed or verbally when there is no Trust Deed. Trust Property: There must be property (movable/immovable) which the Settlor wants to bequeath upon the Trustee for creation of a Trust. Trust Deed: A written document which is duly signed by the Settlor/Author and the Trustee, specifying the Objective and Beneficiary of the Trust so created. Such Trust Deed is not required where: the Trust Property is movable and; the Trust is created through a will. PAN: For the Trustee to pay tax on behalf of the Beneficiary(ies), it is required to apply for a Permanent Account Number (PAN). The application should be made before the Assessing Officer, in duplicate, in Form No. 49A. TAN: If the Trust needs to deduct tax at source for its employees or other staff engaged to manage or administer Trust Property, then it needs to apply for Tax deduction Account Number (TAN) before the Assessing Officer, in duplicate, in Form No. 49B. FCRA Registration: Every Trust needs to apply for registration under Section 6(1), Foreign Contribution (Regulation) Act, 2010 (“FCRA”), if it is desirous of accepting donations from foreign sources. Separate account for Foreign Contributions (FC A/c): If the Trust wants to receive foreign donations and is registered under FCRA, it needs to open a separate account for this specific purpose. Separate set of records for foreign contributions: Every organisation/individual needs to maintain separate set of records exclusively for the receipt and utilization of foreign donations/contributions. Approval from RBI: In case where the beneficiary is a non resident, prior approval from RBI is required to that effect. TIN Registration: If a Private Trust deals with the trading and manufacturing of goods and services, even when the motive is not to earn profit, it needs to apply for Taxpayer Identification Number (TIN) before the Excise and Taxation Department of its respective State. Such TIN is used for filing VAT and Service Tax Return subsequently. Documents/Details Required for Trust Registration Following self-attested documents of the members is required: Two identity proof documents of Trustees – Copy of Aadhaar Card/ Voter ID Card/ PAN Card (compulsory). Address proof (Voter ID, Passport, Driving license, etc.) In case your own premise, ownership and sale deed and one address proof document of registered office (like water, telephone, mobile bill or copy of bank pass book or net banking statement mentioning address of the applicant). In case the property is on rent, then you need to submit a copy of the rent agreement with NOC from Landlord. Passport size photo of Trustees. Occupation details, Email address, Contact details. Trust deed. Trust Deed Registration The Trust Deed must be executed on Stamp Paper of suitable value and signed by the settlor and two witnesses. Once the Trust Deed is executed, it can be registered with the Local Registrar. The Registrar would then register the Trust, retain photocopy of the Trust deed and return the original registered Trust Deed back to the settlor. Steps for Physical Registration Take all the necessary documents and Trust Deed draft to the Registrar office in the city. Pay the required fees. On being satisfied, registrar shall do the formalities and give a date for physical verification. After that, get the deed ready in proper stamp paper, self-attested copy of KYC, original KYC and the Settlors themselves and get the Trust registered. Steps for Online Registration A trust is required to apply for registration in Form No. 10A. The documents which are required to be furnished along with application Form No. 10A are as follows: where the trust is created, or the institution is established, under an instrument, self-certified copy of the instrument creating the trust or establishing the institution; where the trust is created, or the institution is established, otherwise than under an instrument, self-certified copy of the document evidencing the creation of the trust, or establishment of the institution; self-certified copy of registration with Registrar of Companies or Registrar of Firms and Societies or Registrar of Public Trusts, as the case may be; self-certified copy of the documents evidencing adoption or modification of the objects, if any; where the trust or institution has been in existence during any year or years prior to the financial year in which the application for registration is made, self certified copies of the annual accounts of the trust or institution relating to such prior year or years (not being more than three years immediately preceding the year in which the said application is made) for which such accounts have been made up; note on the activities of the trust or
Skip to content

