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Documents Required for Trust

The specific documents required for registering a Trust or NGO (Non-Governmental Organization) may vary based on the legal and regulatory requirements of the country or region where the organization is being established. However, here’s a general list of documents often needed for the registration of a Trust or NGO:

  • Documents Required for Trust:

    1. Trust Deed: A written document outlining the objectives, mission, and rules governing the Trust. It includes details about the trustees, their powers, and the manner of trust administration.

    2. Identity Proof of Trustees: Proof of identity (such as Aadhaar card, passport, or driver's license) for all the trustees.

    3. Address Proof of Trustees: Proof of address (such as utility bills or rental agreement) for all the trustees.

    4. Passport-sized Photographs of Trustees: Passport- sized photographs of each trustee.

    5. Property Documents: Proof of ownership or lease/rental agreement for the property where the Trust is registered, if applicable.

  • Documents Required for NGO:

    1. Memorandum of Association (MOA): A document outlining the objectives, mission, and rules governing the NGO. It includes details about the members, their powers, and the manner of NGO administration.

    2. Articles of Association (AOA): A document specifying the internal rules, regulations, and operational procedures of the NGO.

    3. Board Resolution: A resolution passed by the governing body or board of directors authorizing the registration of the NGO.

    4. Identity Proof of Members/Board Members: Proof of identity (such as Aadhaar card, passport, or driver’s license) for all members or board members.

    5. Address Proof of Members/Board Members: Proof of address (such as utility bills or rental agreement) for all members or board members.

    6. Passport-sized Photographs of Members/Board Members: Passport-sized photographs of each member or board member.

    7. Proof of Registered Office: Proof of the registered office address, such as property documents or rental/lease agreement.

    8. PAN Card of NGO: PAN card of the NGO, which is required for various legal and financial transactions.

    9. Bank Account Details: Details of the NGO’s bank account.

    10. Income Tax Registration (if seeking tax benefits): Registration under for income tax exemption, if applicable.

It's important to note that the specific requirements may vary based on local laws and regulations. Organizations intending to register as a Trust or NGO should consult with legal professionals or authorities in their jurisdiction to ensure compliance with all applicable requirements.

12A REGISTRATION:

The 12A registration refers to the registration under Section 12A of the Income Tax Act, 1961 in India. This registration is applicable to entities that qualify as charitable or religious trusts, including NGOs (Non-Governmental Organizations) and other charitable institutions. The primary purpose of obtaining 12A registration is to avail income tax exemptions for the income generated by these entities for charitable or religious purposes.

  • Documents Required for NGO:

    1. Eligibility: Charitable or religious trusts, institutions, and NGOs engaged in activities that qualify as charitable purposes under the Income Tax Act are eligible to apply for 12A registration.

    2. Benefits: Entities with 12A registration are eligible for income tax exemptions on their income. Donors contributing to such entities can also avail tax benefits under Section 80G.

    3. Application Process: The application for 12A registration is filed with the Commissioner of Income Tax (Exemption) through Form 10A. The application should include details about the objectives, activities, and financials of the organization.

    4. Documents Required: The organization needs to submit various documents along with the application, including the trust deed or memorandum of association, audited financial statements, PAN card, address proof, and other relevant documents.

    5. Validity: Once granted, 12A registration is generally valid for an indefinite period unless there are changes in the activities or objectives of the organization.

    6. Renewal: Unlike some other registrations, 12A registration does not require periodic renewal. However, if there are significant changes in the activities or objectives of the organization, it should inform the tax authorities.

    7. Maintenance of Books of Accounts: Organizations with 12A registration are required to maintain proper books of accounts and get them audited annually.

    8. Post-Registration Compliance: After obtaining 12A registration, organizations need to comply with the conditions specified in the registration and adhere to the provisions of the Income Tax Act.

It's crucial for charitable or religious entities to obtain 12A registration to avail tax benefits and enhance their ability to attract donations for their noble causes. Organizations seeking 12A registration should consult with tax professionals or legal experts to ensure a smooth application process and compliance with relevant regulations

Steps of the process

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ABOUT TRUST/NGO

A trust and an NGO (Non-Governmental Organization) are both types of entities established for charitable, social, cultural, educational, religious, or philanthropic purposes. They play a crucial role in addressing various social issues and contributing to the welfare of society. Here’s an overview of each:

Trust:

1.Formation: A trust is typically formed through a document called the “Trust Deed.” The document outlines the objectives, rules, and regulations governing the trust. It is created by the founder(s) or settlor(s).

2.Trustees: Trusts are managed by a board of trustees who are responsible for overseeing the operations and ensuring that the trust’s objectives are met. Trustees can be individuals or corporate entities.

3.Ownership of Assets: The trust itself owns the assets, and these assets are dedicated to achieving the trust’s charitable or philanthropic goals.

4.Purpose: Trusts can be established for various purposes, including educational, medical, environmental, and relief-oriented activities.

NGO (Non-Governmental Organization):

1.Formation: An NGO is a broad term that encompasses various entities, including trusts, societies, and non-profit companies. NGOs can be formed under different legal structures based on local laws.

2.Legal Forms: NGOs can take different legal forms, such as trusts, societies, or non-profit companies, depending on the legal framework of the country in which they operate.

3.Governance: NGOs are governed by a board or governing body, which may have different titles depending on the legal structure (e.g., Board of Trustees, Executive Committee).

4.Scope of Activities: NGOs can engage in a wide range of activities, including social development, advocacy, healthcare, education, environmental protection, and humanitarian efforts.

5.Funding: NGOs may receive funding from various sources, including donations, grants, and governmental or international aid.

6.International Presence: Many NGOs operate at an international level, addressing global issues and collaborating with governments, international organizations, and other NGOs.

It's important to note that the terms “trust” and “NGO” are not mutually exclusive, as a trust can be a form of NGO. The specific legal framework and terminology can vary across countries. In some regions, the term “NGO” is used as a general descriptor for non-profit organizations, including trusts. The choice of legal structure depends on the goals, activities, and legal requirements of the organization, as well as the regulations of the country in which it operates.

Frequently Ask Questions (FAQs)

  • Q.1.What is a trust?

    Ans: A trust is a legal entity formed to hold and manage assets for the benefit of individuals or the achievement of specific charitable purposes.

  • Ans:A trust is created through a legal document called the “Trust Deed,” which outlines the objectives, rules, and regulations governing the trust.

  • Ans: Trustees are individuals or entities appointed to manage the trust and ensure that its objectives are fulfilled. They hold the trust property for the benefit of the beneficiaries.

  • Ans: Trustees are responsible for managing the trust’s assets, ensuring compliance with the trust deed, and working towards the charitable or philanthropic goals of the trust.5.

  • Ans: While the primary purpose of a trust is charitable or philanthropic, it may engage in certain commercial activities as long as the profits are used for the trust’s objectives. NGO (Non-Governmental Organization)

  • Ans: An NGO (Non-Governmental Organization) is a broad term that encompasses various entities formed for charitable, social, cultural, educational, or humanitarian purposes.

  • Ans: An NGO is an umbrella term that includes trusts, societies, and non-profit companies. A trust is one legal form an NGO can take.

  • Ans:NGOs can generate income through various means, including donations, grants, and income-generating activities. The generated income is typically used to support the organization’s objectives.

  • Ans:NGOs are governed by a board or governing body that oversees the organization’s operations. The titles and composition of the governing body may vary based on the legal structure.

  • Ans: Starting an NGO involves drafting legal documents (e.g., Memorandum of Association, Articles of Association) and registering the organization under the applicable legal structure (trust, society, or non-profit company).

  • Ans:Yes, many NGOs operate internationally, addressing global issues and collaborating with governments, international organizations, and other NGOs.