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Trust Deed

Niyas (student) (25 Points)

29 May 2021

What are the mandatory clauses to be included while the preparation of trust deed for getting 12 A registration?

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2 Replies

CA. Sourav Sarkar (Chartered Accountant ) (24583 Points)
Replied 29 May 2021

Section 12AA of the Income Tax Act’ 1961 prescribes procedure for registration of Trusts or institution as follows:

1. The Principal Commissioner or Commissioner, on receipt of an application for registration of a trust or institution shall

(a) call for such documents or information from the trust or institution as he thinks necessary in order to satisfy himself about

(i) the genuineness of activities of the trust or institution; and

(ii) the compliance of such requirements of any other law for the time being in force by the trust or institution as are material for the purpose of achieving its objects

and may also make such inquiries as he may deem necessary in this behalf

2. After satisfying himself about the objects of the trust or institution and the genuineness of its activities and compliance of the requirements he

(i) shall pass an order in writing registering the trust or institution

(ii) shall, if he is not so satisfied, pass an order in writing refusing to register the trust or institution

and a copy of such order shall be sent to the applicant

Please note that no order shall be passed unless the applicant has been given a reasonable opportunity of being heard.

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Sivaramaraju G (Learner) (2398 Points)
Replied 31 May 2021

These are the mandatory as per my knowing

Details of settler/trustor and trustees like bio data

Details of managing trustee and his powers and responsibilities

and what are the activities for which trust has been setting up that is

charitable purpose includes the following:

Relief of the poor
Education
Yoga
Medical relief
Preservation of environment (monuments or places or objects of artistic or historic interest
Advancement of any other object of general public utility.

other ancillary services of trust relating to above charitable activities.

address details of trust registered office