Trust implies the transfer of a property (cash, shares or valuable asset) from the owner to another person.
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*errorThe primary purpose of registering a company as a Section 8 Company is to promote non-profit objectives such as trade, commerce, arts, charity, education, religion, environment protection, social welfare, sports research, etc.
To incorporate a Section 8 Company, a minimum of two directors are required. Also, there is no requirement of minimum paid-up capital in the case of Section 8 Company.
In India, a non-profit organization can be registered under the Registrar of Societies or as a Non-profit company under the Section 8 Company of the Company Act,2013.
The profits of this company, if there are any, are applied towards promoting the objectives of the company and not distributed as dividends to its shareholders.
A Section 8 Company is the same as the Section 25 Company under the old Companies Act, 1956. As per the new Companies Act of 2013, Section 25 has now become Section 8.
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Who can create a Trust?
A trust may be created by:
Every person who is competent to contracts: This includes an individual, AOP, HUF, company, etc.
If a trust is to be created on or behalf of a minor, then the permission of a Principal Civil Court of original jurisdiction is required.
Further, it also depends on the law in force that is prevailing at that particular point of time and the extent to which the author of the trust may intend to dispose of his property.
Registration Mandates for a Private Trust
Section 5 of the Act states that with respect to:
Immovable property: A private trust must be created by a non-testamentary instrument in writing. Further, the non-testamentary instrument needs to be signed by the author of the trust or the trustee and has to be registered. However, if the non-testamentary instrument is created by a will, registration is not necessary.
Movable property: A trust in relation to movable property can be declared as in the case of immovable property or by transferring the ownership of the property to the trustee. Hence, registration is not mandatory.
Who can be appointed as a trustee?
Any person capable of managing property can be appointed as a trustee. However, a person is not obliged to accept responsibility as a trustee. He/she must declare his/her purpose in words and deeds since it is the duty of the trustee to achieve the purpose of the fund.
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