Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sidhhi   22 October 2023

Difference between Public Trust and Foundation?

What's the difference between Public Trust and Foundation?
Can foundation seek donations? Thanks


Quick Summary
This discussion clarifies the differences between Public Trusts and Foundations. While trusts are typically formed by a legal owner transferring assets to a trustee for beneficiaries, foundations are often seen as a hybrid between a trust and a company, being a body corporate without shareholders. A key distinction is that foundations generally require registration to exist, whereas trusts are agreements that don't always need formal registration. The content also touches on funding sources, with foundations often relying on a primary private entity, while charities depend more on public and government support.

 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     22 October 2023

Which foundation? If the foundation is having religious activities as a Trust, it will also come under the Trust Act.

T. Kalaiselvan, Advocate (Advocate)     22 October 2023

The differences between the two can be simply summarized as follows: a foundation is mainly started by a single entity and funded by one primary, private entity. On the other hand, a charity mostly depends on the government and the general public to provide funds then uses the funds to support a cause..

A trust is formed when the legal owner of assets transfers legal ownership of the assets to individuals or a corporation for the benefit of family or friends. On the other hand, foundations are considered a hybrid between a trust and a company. A foundation is a body corporate without shareholders and is governed by a council in accordance with the foundation’s constitutional documents.

The significant difference between a foundation and a trust is that the former needs to be registered for it to exist, while a trust is an agreement between two parties and does not need to be registered to be effective. Another difference is that there is a split between the owner of the assets that the trustee oversees for a trust. However, foundations don’t implement such splits since they fully own all of their assets.

 

P. Venu (Advocate)     23 October 2023

In my considered view, mere names does not matter; what really matters is how the body has been constituted and registered.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register