TRUST, SOCIETY AND RWA REGISTATION
Trust Registration- A trust refers to an arrangement in which a property is handed over to or vested in a person, to be used and disposed off for the benefit of another person. A trust can be created by execution of a trust deed; there are two types of trust. A public trust (charitable trust) is created for the benefit of the general public whereas a private trust is created for the benefit of a particular group of individuals known as the beneficiary.
Society Registration- A society refers to an association where more than two people come together to do partake in charitable activities for the people. society is a Non Profit Association. These societies are registered or the purpose of advancing certain charitable activities like: sports, art, culture, music, religion, education etc. Societies are governed by society Registration act.
RWA Registration- Resident welfare association (RWA) is classified as Association of Persons (AOP) under Income Tax Law. A Resident Welfare Association (RWA) is an entity that stands for the interest of individuals living in a community or a society. The association is in charge of overseeing everyday issues of the occupants, sorting out events, overseeing amenities in the apartments and buildings and also representing members when and where needed on matters related to the place.
RWA Registration needs to register under the Societies Registration Act, 1860 and is administered by constitutional documents such as Memorandum of Association that illustrates their rights and objectives. At least seven individuals could subscribe in their name for MOA for registration under Registrar of Societies to shape themselves into a Society under Societies Registration Act, 1860.
Contents of Trust deed- Following are the important clauses in the Trust Deed:
1. Name of the trust2. The registered office of the trust
3. Area of operation of the trust
4. Objectives of the trust
5. Details of the Author of the Trust
6. Corpus/Assets of the Trust
7. Details of the Board of Trustees
8. Quorum of the Board with their qualification, terms and tenure
9. Powers and functions of the Managing Trustee and other Trustees
10. Closure and amendment of the trust deed and the applicability of the Act
Procedure for Trust/ Society Registration-
1.. Selection Of Name - First thing is to select a unique name of your trust/ society, the name should not violate or infringes someone else name or trademark.
2. Drafting Of Deed - The trust/ society deed needs to be drafted wherein the parties to the deed shall be settlor (author of the trust/ society deed), the trustee and the beneficiary.
3. Trust/Society Registration - A trust/society deed is a document which requires mandatory registration before the registrar of the trusts/ society having jurisdiction.
4. PAN, TAN And Bank A/C - After registration of the trust/ society, the next step is to apply for allotment of PAN Number and TAN and thereafter opening of a bank A/c.
Procedure for RWA Registration-
1. Prepare Documents - Prepare all the required documents according to rules of State Society Registration Act, State Apartment Act or Society Registration Act 1860 as the case applicable in the respective state along with guidelines issued through Registrar.
2. Draft Bye-Laws - Prepare a Bye-Law according to Model Bye-Laws asset in the Applicable Act in the state of registration.
3. File Application with Documents - File application alongside necessary documents and Bye-Laws with jurisdictional Registrar.
4. Filing procedure- It is partly Online in a few states; otherwise, the whole process is offline and need to visit Registrar Office.
5. Pay fee -Make the payment of Government fees by Online/Cash/any other mode as the Registering authority accepts.
6. Registration Certificate - Once the name and Bye-Laws approved, the Registrar issues Registration Certificate. This entire procedure takes at least 25 to 90 days by the Registrar in the normal course.
Documents for Trust Registration-
1. Trust Deed on Proper Stamp Value2. Two Photographs of Partners
3. PAN Card of Each Partner
4. Identity Proof of each Partner (Passport/ Voter ID Card/ Aadhar Card/ Driving License)
5. Address Proof of Partner
6. Signed Declaration (s) from Partners
7. Proof of Registered Office
8. Utility Bill as proof must be Latest
9. NOC from the owner of premises.
Documents for Society Registration-
1. ID proof of all the members of society
2. Two witnesses
3. Memorandum of Association (MOA) of the proposed society - 02 Copies
4. Rules & Regulations of the proposed society - 02 Copies
5. Affidavit in prescribed format by the President / Secretary / General Secretary on Rs. 10/- Non-Judicial Stamp Paper regarding the relationship between the subscribers (desirous persons) to the Memorandum and that the name of the society will be changed/rescinded if the said name already found - One Copy in original.
6. NOC-cum-Affidavit in prescribed format by the owner/GPA holder of premises shown as registered office of the proposed Society on Rs. 10/- Non-Judicial Stamp Paper (in original) supported with duly attested Proof of Address i.e., Electricity Bill / Water Bill/Property House Tax Receipt etc. (in the name of owner/GPA holder) - One copy
7. Attested copy of documentary proof in the shape of Sale deed / Lease deed /General Power of Attorney in r/o premises shown as registered office of the society.
8. Residential address proof like the copy of Aadhaar Card/Passport/Voter ID of all desirous persons which may be self -attested or attested by a Gazetted Officer/Notary Public/Oath Commissioner.
Documents for RWA Registration-
1. Covering Letter.
2. List of Body members ( name, Full address, Occupation and Signature on the list).
3. Address proof of all Body Members ( Voter ID/Aadhar/Driving License).
4. Address proof of Society Registered Address ( Utility Bill/ Rent agreement with NOC from Owner).
5. PAN card of all Body members.
6. Memorandum and Bye-Laws of the proposed Association.
7. One Affidavit from President ( on stamp paper, notarized).
8. Power of Attorney.
9. Building Completion certificates issued by concerned authority ( if apply for Apartment owners association in some states).
10. Builders Consent and/or Representation ( if apply for Apartment owners association in some states).
11. Home Registry copy ( apply for RWA formation only).
12. Buyers Association Essential requirement:- If form at State Level - minimum 7 body members from same state OR format central Level - Minimum 7 members from each state.
13. RWA/Apartment Owners Association Essential requirement:- Minimum 7 body members from the same state. In case of AOA, this minimum number varies state to state as per the state apartment ACT.