What we do
Our work in this practice group is structured around the records, deadlines, and decisions involved:
- Clearly defined charitable or public welfare objectives.
- Well-structured trustee powers, duties, and responsibilities.
- Clear provisions for appointment, retirement, and succession of trustees.
- Proper framework for management and use of trust assets.
- Appropriate provisions for application of income towards trust objectives.
- Support for trust registration and subsequent statutory registrations.
- Reduced ambiguity in trust administration and governance.
How the engagement works
Trust deeds are governed by the applicable law relating to the nature and jurisdiction of the trust, including relevant State public trust legislation, the Indian Trusts Act where applicable, the Registration Act, applicable stamp laws, and income-tax provisions. For charitable or public trusts, the deed should clearly establish eligible charitable objects and appropriate provisions concerning application of income and assets. The specific registration, stamp duty, execution, and tax requirements depend on the State, nature of the trust, property involved, and applicable law.
Scenario 1: Individuals want to establish a charitable trust for education, healthcare, social welfare, religious activities, or community development.
Scenario 2: A family wants to establish a public charitable trust with multiple trustees and clearly defined governance provisions.
Scenario 3: Founders need a professionally drafted trust deed before applying for trust registration.
Scenario 4: Trustees want to revise or update an existing trust deed to address governance, trustee succession, or charitable objectives.
Scenario 5: A charitable organization wants its trust deed structured appropriately for subsequent 12A/12AB, 80G, CSR, or other applicable registrations.
Trust Structure Consultation
We understand the proposed charitable activities, settlor, trustees, beneficiaries where applicable, trust property, governance structure, and long-term objectives before drafting the deed.
Charitable Objects Drafting
We draft clear and appropriately structured charitable or public welfare objects based on the intended activities of the trust and applicable legal requirements.
Trustee Powers & Duties
We prepare provisions covering trustee powers, responsibilities, decision-making, meetings, quorum, appointment, resignation, removal, succession, and related governance matters.
General questions
01What is a trust deed?
A trust deed is the foundational document through which a trust is created and its objectives, trustees, powers, duties, administration, assets, income, and governance framework are established.
02Why is trust deed drafting important?
A properly drafted deed provides clarity about the trust’s objectives, trustee responsibilities, decision-making powers, management of assets, application of income, succession, and other governance matters.
03What should a charitable trust deed contain?
Depending on the trust, the deed may contain the trust name, registered office, charitable objects, settlor and trustee details, trustee powers and duties, appointment and succession provisions, property and income provisions, accounts, amendment procedures, and dissolution or winding-up provisions.
04Can charitable objects be customized?
Yes. The objects should accurately reflect the genuine activities and intended purposes of the trust while being appropriately structured to meet applicable legal and tax requirements.
05Can a trust deed be amended after registration?
Amendment may be possible depending on the provisions of the existing deed, applicable trust law, registration requirements, and the nature of the proposed amendment. Certain changes may require approval or reporting to the relevant authority.
06Does a trust deed automatically provide 12A or 12AB registration?
No. Income-tax registration under the applicable 12A/12AB provisions is a separate process. The trust deed is an important supporting document, but the trust must independently satisfy the applicable conditions and complete the prescribed application process.
07Can the trust deed support 80G registration?
A properly drafted charitable trust deed can form part of the documentation for an 80G application, but 80G approval is a separate process subject to the applicable income-tax requirements.
08Can you draft a trust deed for a new charitable trust?
Yes. We can assist from initial trust structure consultation through charitable object drafting, trustee provisions, final deed preparation, execution guidance, and related registration and tax compliance support.
