Dear Experts,
We have a query which requires your redressal :-
A client of ours is a closely held private limited company. It was established way before independence. Hence, after independence, it registered itself with the provident fund establishment and got the status of exempted establishment for which a separate trust fund was created at that time. The Provident fund contribution gets credited in the Trust Fund Bank Account monthly.
Now many years have passed since the creation of the Trust. Now the Trust deed has been misplaced by the company and it is not available with the Bank or the Provident Fund authority also. Due to KYC compliance issues the Bank is again asking for the Trust Deed (which is not available with the company at present) and had blocked the Trust fund Bank Account.
Other than the Trust deed, other documents are available. The Trust is being audited yearly and PF Contribution is also being made. Only the Master data is missing.
My questions are :-
1. With no reference of the original trust deed being available, can we make a fresh trust deed? (Note :- only one trustee is alive now)
2. If so, how can we make a fresh trust deed so as to submit it to the bank for KYC compliance purpose?
3. Since the money is still blocked in the Bank and no PF withdrawl can be done, what are the legal remedies available?
4. How do we solve this problem?
Require your suggestions.
Thanks
Clark Gardner
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