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The Classic Partners LLP · Trusts & NGOs

Registered Charitable Trust

Three separate registrations, in a specific order — the deed, the public trust register, and income tax exemption. Getting the order wrong costs months.

Quick answer

Setting up a charitable trust involves distinct steps that are often mistaken for one: the trust deed is executed and registered with the sub-registrar, the trust is then registered with the Charity Commissioner under Section 18 of the Maharashtra Public Trusts Act using the prescribed Schedule II application, and income tax exemption is a third, separate process — registration under Section 12AB and approval under Section 80G through Form 10A on the income tax portal. Each has its own documents and its own enquiry.

What we cover

What our trust registration service covers

From the first draft of the deed to an active 80G approval.

  • Structuring advice: trust, society or Section 8 company
  • Drafting the trust deed with objects that will survive scrutiny
  • Stamping and registration of the deed with the sub-registrar
  • Schedule II application for registration under Section 18
  • PAN, TAN and bank account setup for the trust
  • Form 10A applications for Section 12AB registration and 80G approval
Key components

The four stages of setting up

Each one gates the next.

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Trust deed

Objects, trustee powers, succession and dissolution drafted so that the deed does not need amending a year later.

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Sub-registrar

Stamping and registration of the deed, which gives the trust an executed and registered constitutional document.

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Public trust register

Registration under Section 18 with the Charity Commissioner, following an enquiry into the application.

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Tax exemption

Registration under Section 12AB and approval under Section 80G, applied for on the income tax portal.

How we work

Our process

A sequence, not a set of parallel tasks.

1

Structuring

Choosing the right vehicle and settling the objects, trustee board and initial corpus.

2

Deed drafting and execution

Drafting, stamping and registering the trust deed with the sub-registrar.

3

Charity Commissioner application

Filing the Schedule II application and attending the enquiry until registration is granted.

4

Tax registrations

PAN, TAN, bank account, and Form 10A for 12AB registration and 80G approval.

Why choose us

Where trust registrations go wrong

What sets our approach apart.

Objects clauses are drafted too narrowly

A deed that lists only current activities forces an amendment the first time the trust expands its work, and amendments are slower than getting it right initially.

Tax exemption is not automatic

Registration with the Charity Commissioner does not confer income tax exemption; 12AB and 80G are separate applications with their own scrutiny.

Religious objects affect 80G

A trust with substantial religious objects faces restrictions on 80G approval, which is worth knowing before the deed is executed rather than after.

FAQs

Registered Charitable Trust questions answered

What people ask before engaging us.

A public charitable trust is generally formed with at least two trustees, and most deeds provide for a board of three or more so that decision-making and succession work in practice. The deed should also set out how vacancies are filled, because that is what avoids a deadlock later.
A trust is governed by its deed and by public trust law, and is the simplest to set up and run. A society has a member-based democratic structure with annual general meetings. A Section 8 company operates under the Companies Act with the heaviest compliance but the greatest credibility with institutional funders and, often, with foreign donors.
Execution and registration of the deed is usually completed quickly, while registration with the Charity Commissioner depends on the enquiry and the workload of the office concerned and commonly takes a few months. Applications for 12AB and 80G run on the income tax portal's own timelines and are typically processed within a few months of a complete filing.
No. Section 80G approval is a separate application and is granted only if the trust meets the conditions in that section, including restrictions relating to religious objects and the application of income. Approvals are granted for a limited period and have to be renewed.

Planning to set up a trust?

We will help you choose between a trust, society and Section 8 company before any document is drafted.

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