Can a charitable/ religious trust be a company?

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harsh jain

harsh jain (Querist)

03 July 2012 Can a Charitable/ religious Trust be a company?
also tell relevant section /provision for the same.

Ajay Mishra

Ajay Mishra (Expert)

03 July 2012 Hi

Society/Trust as a member

Department Clarification- A society registered under the Society Registration Act, 1860 should not be deemed to be a ‘body corporate’ within the meaning of the section 2(7) of the Companies Act, although such a society can be treated as a ‘person’ having separate legal entity apart from the members constituting it and thereby capable of being a member of a company under section 41(2) of the Companies Act, 1956. [Circular Letter, dated-24-11-1962]

Shares belonging to society held in the name of trustee simpliciter

Department Clarification-In 1957 the Department of Company Affairs was advised that the shares in the company, being the property of a charitable trust, can be held in the name of the trustee. (Extracts from Department’sFile No. 1(43)-PT/67)

So, Trust will not be treated as company.
Regards
CS Ajay Mishra

harsh jain

harsh jain (Querist)

04 July 2012 Dear Ajay ,

if the trust is registered under the trust act and not under the society act 1860 , then can it form a company since the trust is not specifically excluded from the definition of section 2(7) of companies act 1956.

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