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Dibakar Bhattacharjee (Advisor)     07 December 2011

Change of trustees in a public charitable trust

Is it mandatory to incoporate change of name of the Trustees in the  Trust Deed itself of a Public charitable Trust Registered in West Bengal under the Registration Act  in west Bengal  by amending the same when a few Trustees resigns and same number of Trustees are inducted unanimously by the Board of Trustees? If so ,the procedure etc.which would cover a valid reconstitution of Board of Trustees.Does it require further Registration of the Trust deed for such amendment/modification etc.If so, what would happen the existing Trust Deed? It is worthy to mention here that in the trust deed the  remaining Trustees has been empowered to accept resignation or incorporation of new trustees etc. .

A PSU Bank has been asking for Incorporation of names of the new trustees in the trust deed and to get it registered under the registration Act as a pre-condition before granting of loan to the trust?

-Dibakar Bhattacharjee



Learning

 4 Replies

Prem Sharma (Advocate )     08 December 2011

See if trust registered under Indian trust Act 1882 then  you have to appoint trustee and make deed of  appointment of trutees and get registered from the Registered office. or if it is registered under other act then it deal with the Charity Commissioner office.

 

Adv. P.C. Sharma 

9967638408

1 Like

Dibakar Bhattacharjee (Advisor)     10 December 2011

Again a question to be addressed.For the State of West Bengal there is no authority like Charity Commissioner  as it exists in the state like Maharastra.The Indian Trust Act is meant for Private Trusts only. Understndably, the form and provisions of the Private Trust as envisaged in the Indian Trust Act can be followed, though not mandatory, in case of formation of a public Charitable Trust.In this perspective, is it mandatory to follow the provisions of the Indian Trust Act and would it be valid to do so. Given the facts, how the issue of the induction of new Trustees in place of outgoing trustees has to be recorded in the Trust deed?

Kaustubh   19 August 2016

Internal:

 

1. Obtain signed letter of resignation

2. Obtain affidavit from resigning trustee (insisted by CC since last few years)

3. Table the resignation at duly convened meeting of the trustees

4. Keep signatures of those attending the meeting

5) Pass resolution accepting the resignation and record in the minutes of the meeting.

 

External

 

1. File change Report in the prescribed Form with the CC within 90 days of the  change.

2. The change report should be signed preferably by the chairperson or managing trustee (if any)

3. The change report should be duly notarized

4) Attachments to the Change Report should include:

i) letter of resignation

ii) affidavit of resigning trustee

iii) True copy of resolution accepting the resignation

iii) list of trustees in attendance at that meeting with their signatures

iv) Agenda and Minutes of that meeting (both should have reference to the matter concerning the resignation.

Lokpal Hangal   30 May 2017

Sir, May i know under which statue these provisions are mentioned??


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