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Trust Registration

 WHAT IS A TRUST?



A trust is a corporation that acts as a trustee or agent of trusts and agencies. A trust company may be independently owned or owned by an entity which specializes in being a trustee of several kinds of trusts.

A trust is a legal agreement where owner of trust transfer the property to a trustee along with the declaration of that the property should be held by the trustee for the beneficiaries of the trust.

The object of the trust is to ensure the flawless transfer of the trustor’s assets among the beneficiaries as per the clauses mentioned in the trust deed.

A trustee, selected by the owner, is liable for administering the Trust & finally distributing his/her assets to the designated beneficiaries selected by the owner when the Trust is set up. Heir, family members, or charity are some common beneficiaries of the Trust in India.

Trusts can be promoted to reduce taxes, simplify or avert the probate process & safeguard assets.


Some common characteristics of trusts incorporated under the Charitable Trust Act 1957 are:

  • Has a board of at least two trustees;

  • Must have charitable purposes;

  • Have its trustees make the major decisions;

  • Is set up under a trust deed which outlines how it operates;

  • Has more limited entities or member involvement than incorporated societies;

  • Its assets can be used to pay its debts, but if it is incorporated and trustees have acted responsibly, they are not to be personally liable;


TYPES OF TRUSTS IN INDIA

  1. PRIVATE TRUST: Private Trust refers to a legal organization created for the benefit of its members or individuals other than a public or charitable purpose. It is formed for the financial benefit of one or more beneficiaries who are known to the Trustor. Private Trust does not have a charitable purpose, and its benefits are available to designated beneficiaries only.

  2. PUBLIC TRUST: A Public Trust essentially benefits the common public at large. Unlike private trusts, public trusts do not regulated by the Indian Trusts Act and are formed to serve a charitable or religious purpose. Such Trust follows the general law, which is in effect for the time being.                       

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