Amendments to trust deed
Vijaya Bhaskar
(Querist) 27 April 2016
This query is : Resolved
Dear Learned Experts
We are a charitable institution working among people with disabilities, HIV/AIDS and Leprosy.
Our Trust is registered under Bombay Public Trust Act 1950 in the 1982.
The primary objectives of the trust are educational.
Since we are also carrying socio-economic, medical activities too, we want to amend the trust deed to add the socio economic and medical objectives.
Our trust deed clause says in regard to amendments a prior approval is required from the Commissioner of Income tax.
We therefore, are ready with the additional aims and objective written and need to submit to commissioner of income tax.
1. May I kindly request you to assist to know is there any format or application to submit the same.
2. After submission, what would be the approximate duration for such approval.
3. If there is a delay from the commissioner office for more than 3 months or more can we proceed for amendments without approval.
4. If the amendment are approved by the commissioner of income tax Where should we get the supplementary deed to be registered.
Please guide.
H.M.Patnaik
(Expert) 27 April 2016
Ans.
1) There is no format or application form.
2) Normally, such application is disposed off within 90 days.
3)In case of inordinate delay, you may approach the authority concerned for expeditious disposal.
4)Amendment to Trust Deed willbe made in the same office where original deed was registered.
H.M.Patnaik
(Expert) 27 April 2016
Ans.
1) There is no format or application form.
2) Normally, such application is disposed off within 90 days.
3)In case of inordinate delay, you may approach the authority concerned for expeditious disposal.
4)Amendment to Trust Deed will be made in the same office where original deed was registered.
Vijaya Bhaskar
(Querist) 28 April 2016
Thank you very much Mr Patnaik. It was registered in Belgaum now the office is in hubballi should we still have register in Belgaum whereas we file our income tax return in Hubballi
H.M.Patnaik
(Expert) 28 April 2016
Have you amended the Trust Deed to accommodate the change in Regd. office adress. If not, then the amendment deed has to be filed at the original place of registration.
Vijaya Bhaskar
(Querist) 29 April 2016
I did not see anywhere in the minutes for having change of registered office. However since we have registered under FCRA Foreign Contribution Regulation, ACT, we have given the present address to the ministry of home affairs and accordingly the new address in mentioned in the FCRA registration Certificate.
Still is it mandatory to change the registered address
Please suggest.
H.M.Patnaik
(Expert) 29 April 2016
At the time of preparation of Trust Deed a address is given in respect of the principal place of business ( Registered Office) for facilitating any future communication by statutory authorities. Besides this there may be provision for any number of Administrative office/ Branch office etc. as would be necessary for execution of work and agreed to
by the Trustees .
In case you intend to change this communication address, you have to amend the Address clause of the Trust Deed following dur procedure.
Vijaya Bhaskar
(Querist) 29 April 2016
Thank you very much Mr Patnaik for your inputs and suggestion. I take this opportunity to thank all of you for your kind assistance.
Vijaya Bhaskar
(Querist) 05 July 2016
Dear all
We are in the process of additional aims and objectives certain amendments to the existing trust deed. Is there any limitation for having additional objectives to the existing trust deed?
Appreciate your kind suggestions.
H.M.Patnaik
(Expert) 05 July 2016
You have the scope to incorporate addl. aims & objectives in the existing trust deed by way of amendment .However these must be charitable in nature and can be carried on conveniently along with other objectives already incorporated.
Vijaya Bhaskar
(Querist) 05 July 2016
Thank you very much Mr.H M Patnaik
