The procedure for registration of a trust/society is as follows:
Finalise Name/Trust Requirements: The first step towards registering a trust/society is to decide upon a suitable name. A good name aligns with the values of the society/trust and also complies with the provisions of intellectual property laws. In the case of trust, in addition to the name, it is also important to finalise the trustee, trustor, settler etc.
Prepare Memorandum of Association/ Trust Deed: The second step is to prepare a memorandum of association (in the case of a society) along with the rules and regulations of the society. While the MoA describes the main objective of the society, the rules define the management of the internal affairs of the society such as the powers and responsibilities of the official positions, quorum of meetings etc. In the case of a trust, the preparation of a Trust Deed is a crucial step towards trust registration. The trust deed must be concise, well-drafted and duly stamped. It is advisable to hire professional legal services to draft the trust deed.
Application to the Registrar: In the case of a society, after the drafting of the MoA and Rules and Regulations, an application is submitted to the Registrar of Society with signed MoA and Rules and all required affidavits and KYC documents of all the members and officials of the society. In the case of a trust, once the trust deed is created, it must be submitted to the Registrar along with all necessary documents. The trustor, trustee and beneficiaries will also be involved in this process.
Issuance of Certificate of Society Registration/Trust Registration: Once all documents are submitted to the registrar, the registrar who after going through all submitted documents will issue a certificate of registration which will be the last and final step of society/trust registration. Usually, it takes nearly a month to complete the process of Society Registration in India.
