Trust deed format
This query is : Resolved
16 April 2012
PLEASE MAIL ME A FORMAT OF PRIVATE TRUST DEED.
ALSO PROVIDE ME WITH THE PROCESS OF ITS FORMATION AND REGISTRATION UNDER SECTION 80G
THANKS IN ADVANCE
REGARDS
HEMANT AGARWAL
CAHEMANTSLG@GMAIL.COM
ALSO PROVIDE ME WITH THE PROCESS OF ITS FORMATION AND REGISTRATION UNDER SECTION 80G
THANKS IN ADVANCE
REGARDS
HEMANT AGARWAL
CAHEMANTSLG@GMAIL.COM
16 April 2012
Dear Mr. Agarwal,
A private trust Deed can not be registered U/s 80G and U/s12AA.
A private trust Deed can not be registered U/s 80G and U/s12AA.
17 April 2012
@ CA Amit S. Kedia
Please mail me the Format of Trust Deed.
And also the registration Process.
Please mail me the Format of Trust Deed.
And also the registration Process.
17 April 2012
Plz explain me the nature of trust, i will mail you the format of Deed.
18 April 2012
I ALONG WITH MY FRIENDS AND FAMILY MEMBERS WANT TO CREATE A TRUST BY INTRODUCING RS 1 LACS BY MYSELF AND 50K EACH BY MY FRIENDS AND OTHER FAMILY MEMBERS. ANY OTHER PERSON CAN BE THE TRUSTEE OF THE SAID TRUST BY DONATING SOME SPECIFIED AMOUNT TO THE TRUST. THE PURPOSE OF THE TRUST SHALL BE OF CHARITABLE PURPOSE FOR ALL SECTION OF THE SOCIETY. IN FUTURE WE ARE PLANNING TO OPEN A CHARITIBLE EDUCATION CENTER WHERE EDUCATION SHALL BE PROVIDED TO THE POOR SECTION OF THE SOCIETY.
WE WANT THE TRUST TO BE REGISTERED UNDER INCOME TAX ACT AND ALSO UNDER SECTION 80G.
SO WE WANT TO KNOW ABOUT
1. THE FORMAT OF THE TRUST DEED.
2. PROCESS OF REGISTRATION UNDER INCOME TAX ACT.
3. REGISTRATION UNDER SEC 80G
WE WANT THE TRUST TO BE REGISTERED UNDER INCOME TAX ACT AND ALSO UNDER SECTION 80G.
SO WE WANT TO KNOW ABOUT
1. THE FORMAT OF THE TRUST DEED.
2. PROCESS OF REGISTRATION UNDER INCOME TAX ACT.
3. REGISTRATION UNDER SEC 80G
02 August 2025
Here’s a detailed response addressing your request for:
**1. Format of a Private Trust Deed**
**2. Process of Registration under Income Tax Act (Section 12A)**
**3. Registration under Section 80G**
---
## 1. Format of Private Trust Deed (Basic Outline)
---
**TRUST DEED**
This Deed of Trust is made on this \_\_\_ day of \_\_\_\_\_\_\_\_\_\_**, 20** by:
* **Settlor(s):** Name(s), Address(es), hereinafter referred to as the “Settlor(s)”.
* **Trustees:** Name(s), Address(es), who shall act as Trustees of the Trust.
**WHEREAS** the Settlor(s) is/are desirous of creating a trust for charitable purposes.
**NOW THIS DEED WITNESSETH AS UNDER:**
**1. Name of the Trust:**
The Trust shall be known as “\_\_\_\_\_\_\_\_\_ Trust”.
**2. Registered Office:**
The registered office of the Trust shall be at \_\_\_\_\_\_\_\_\_\_\_.
**3. Objects of the Trust:**
The main objects of the Trust shall be:
* To provide educational facilities to the poor and needy.
* To promote charitable activities for the benefit of the society.
* \[Other objects as applicable]
**4. Corpus of the Trust:**
The initial corpus of the Trust shall be Rs. \_\_\_\_\_\_\_\_\_\_ contributed by the Settlor(s) and others.
**5. Trustees:**
The management of the Trust shall be vested in the Trustees named herein and any other persons appointed later as Trustees.
**6. Powers and Duties of Trustees:**
* To administer the Trust funds in accordance with the Trust objectives.
* To open and operate bank accounts in the name of the Trust.
* To invest the funds in approved securities.
* \[Other powers as required]
**7. Termination:**
In case the Trust is wound up, the remaining assets shall be transferred to another charitable Trust with similar objectives.
**8. Miscellaneous:**
* The Trust shall maintain proper books of accounts and get them audited annually.
* The Trust shall file Income Tax returns as applicable.
**IN WITNESS WHEREOF** the Settlor(s) and Trustees have signed this Deed on the date first above written.
---
**Settlor(s):**
(Signature) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
**Trustees:**
(Signature) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
---
## 2. Process for Registration under Income Tax Act (Section 12A)
* After Trust Deed execution and registration with local authorities (Sub-Registrar), apply to the Income Tax Department for registration under Section 12A by submitting:
* Application in Form 10A
* Copy of Trust Deed
* Registration certificate from Registrar (if any)
* PAN card of the Trust
* Proof of address and bank account details
* Audited financial statements (if applicable)
* The department processes the application and grants registration under section 12A, enabling the trust to claim exemption on income applied for charitable purposes.
---
## 3. Registration under Section 80G
* After obtaining 12A registration, apply for 80G certificate separately to allow donors to claim exemption on donations made to the Trust.
* Submit application with:
* Copy of 12A registration
* Audited accounts
* Trust Deed
* Details of activities and objectives
* Previous years’ ITR copies (if any)
* 80G registration can be for 3 years (usually granted initially).
---
### Notes
* **Private Trusts** generally do not get 12A and 80G registrations unless they are charitable trusts (public trusts). So your trust must be set up for public charitable purposes, not for private benefits.
* Corpus amount is Rs.1 Lakh + Rs.50K from friends/family as you mentioned, which is fine.
---
If you want, I can help draft a **detailed sample Trust Deed** specific to your objectives and corpus. Would you like that?
**1. Format of a Private Trust Deed**
**2. Process of Registration under Income Tax Act (Section 12A)**
**3. Registration under Section 80G**
---
## 1. Format of Private Trust Deed (Basic Outline)
---
**TRUST DEED**
This Deed of Trust is made on this \_\_\_ day of \_\_\_\_\_\_\_\_\_\_**, 20** by:
* **Settlor(s):** Name(s), Address(es), hereinafter referred to as the “Settlor(s)”.
* **Trustees:** Name(s), Address(es), who shall act as Trustees of the Trust.
**WHEREAS** the Settlor(s) is/are desirous of creating a trust for charitable purposes.
**NOW THIS DEED WITNESSETH AS UNDER:**
**1. Name of the Trust:**
The Trust shall be known as “\_\_\_\_\_\_\_\_\_ Trust”.
**2. Registered Office:**
The registered office of the Trust shall be at \_\_\_\_\_\_\_\_\_\_\_.
**3. Objects of the Trust:**
The main objects of the Trust shall be:
* To provide educational facilities to the poor and needy.
* To promote charitable activities for the benefit of the society.
* \[Other objects as applicable]
**4. Corpus of the Trust:**
The initial corpus of the Trust shall be Rs. \_\_\_\_\_\_\_\_\_\_ contributed by the Settlor(s) and others.
**5. Trustees:**
The management of the Trust shall be vested in the Trustees named herein and any other persons appointed later as Trustees.
**6. Powers and Duties of Trustees:**
* To administer the Trust funds in accordance with the Trust objectives.
* To open and operate bank accounts in the name of the Trust.
* To invest the funds in approved securities.
* \[Other powers as required]
**7. Termination:**
In case the Trust is wound up, the remaining assets shall be transferred to another charitable Trust with similar objectives.
**8. Miscellaneous:**
* The Trust shall maintain proper books of accounts and get them audited annually.
* The Trust shall file Income Tax returns as applicable.
**IN WITNESS WHEREOF** the Settlor(s) and Trustees have signed this Deed on the date first above written.
---
**Settlor(s):**
(Signature) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
**Trustees:**
(Signature) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
---
## 2. Process for Registration under Income Tax Act (Section 12A)
* After Trust Deed execution and registration with local authorities (Sub-Registrar), apply to the Income Tax Department for registration under Section 12A by submitting:
* Application in Form 10A
* Copy of Trust Deed
* Registration certificate from Registrar (if any)
* PAN card of the Trust
* Proof of address and bank account details
* Audited financial statements (if applicable)
* The department processes the application and grants registration under section 12A, enabling the trust to claim exemption on income applied for charitable purposes.
---
## 3. Registration under Section 80G
* After obtaining 12A registration, apply for 80G certificate separately to allow donors to claim exemption on donations made to the Trust.
* Submit application with:
* Copy of 12A registration
* Audited accounts
* Trust Deed
* Details of activities and objectives
* Previous years’ ITR copies (if any)
* 80G registration can be for 3 years (usually granted initially).
---
### Notes
* **Private Trusts** generally do not get 12A and 80G registrations unless they are charitable trusts (public trusts). So your trust must be set up for public charitable purposes, not for private benefits.
* Corpus amount is Rs.1 Lakh + Rs.50K from friends/family as you mentioned, which is fine.
---
If you want, I can help draft a **detailed sample Trust Deed** specific to your objectives and corpus. Would you like that?
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