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Trust vs. Society Registration: What's the Difference?

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lawgicalindia @lawgicalindia · Jun 13, 2022

Trust Registration:


Trust registration is a trustworthy institution that assists people in providing for the well-being of impoverished children and the needy. Trust registration is classified into two main categories: private and public. Private trusts are controlled and managed on the principles of the Indian trust act 1882 and are used for private purposes. These trust registrations are established for the charitable purpose of availing people.  As there is no national law in India for public charitable trust a person can entrench a public charitable trust. Many states have sanctioned laws on public charitable trust but NGO registration has to be done. Lawgicalindia provides trust registration services, contact them for further details. 

Key Notes: 

 

The author of trust can be someone who is proficient enough to handle the roles and responsibilities of a contract very efficiently. On behalf of a minor anyone can establish a trust with the permission of a civil court of original jurisdiction. 
The trustee can be someone who is competent in holding property.  If anyone has the ability to act smartly through words can become the trustee. There is no law that asks for specific qualifications, even an illiterate person can become a trustee if a person is skilled. 
If a person is holding a property can become a beneficiary as per the act of 1882. In public trust, beneficiaries subsume broader public. 


The property of the trust is a matter of security. Any sort of property, whether moveable or immovable property, can serve as security or trust.


It's a declaration of trust through an instrument of trust. To register a trust, you must first draft a memorandum. It establishes the Author's relationship with the Trustees and outlines the purposes for why such a Trust is established. Name clause, Registered Office Clause, Settler and Trustee Clause, Object Clause and Beneficiaries, General Body Member Clause, and other Rules and Regulations are all included in the Trust Deed.


Procedure Of Creating A Trust With Charitable Purpose. 

Select a suitable name for your trust that is appropriate. Make sure the trust's name isn't on the restricted list of the provision of emblems and names act 1950 while choosing a name.
After deciding on the name of your trust, now time to assign trustees. A trust can appoint a minimum two trustees and no provision for a maximum number of trustees. 

 

Society Registration: 


Society registration is just like trust, under section 8 society is a legal organization in which several individuals come for common cause without any monetary gain. This organization is governed by the society act 1860. Registration of society is the advancement of charitable activities like sports, music, culture, religion, art education, etc. 


Key Notes For Society Registration: 

 

Under section 8 society act, a minimum of seven members are required for society registration for subscribing to their name under section 8 society act.  Such memorandum of association are required to be filled with the register of joint-stock companies. Lawgicalindia provides trust registration services, contact them for further details. 

 

Procedure Of Society Registration: 

 

When deciding on a name for your society registration, keep in mind that the Society Act of 1860 prohibits you from using a name that is the same or similar to one that is already registered. Furthermore, the proposed name must not imply any support from the state government or the Indian government, nor must it violate the Emblem and Names Act of 1950.


A society registration online has a constitution as its memorandum of association. It includes clauses such as the Name Clause and the Society's Object Clause.

 

Clause Regarding the Registered Office

 

(The governing body of the society registration shall be the governors, council, directors, committee, trustees, or other body to whom the management of the society's operations is committed under the organization's rules and regulations.

 

Regulations and Rules. The following components are included in this section: Membership Clause, their tenure, and the manner in which their membership terminates Meeting Clause Governing body Clause, their makeup, and power


Copy of the society registration online resolution for Registration; Copy of the Resolution Authorising a Person to Apply for Registration; Members of the Society and their addresses are listed below. NOC from LandLord Rent Agreement or Registered Paper (If Owned) (If Rented)The Memorandum of Association, as well as the Rules and Regulations, must be filed with the appropriate society's Registrar. A copy of the Society's Rules and Regulations must be certified by at least three members of the Society's governing body. When the Registrar is satisfied that all required documents have been filed, the application is approved and the Applicant is issued a Certificate of Registration.