Charitable Trusts – Steps And Procedures!

Image That Represents The Charitable Trust Concept.

What Qualifies A Trust As A Charitable Trust ? 

A charitable trust is a trust established for the purpose of social welfare and related activities. Just like a general trust, it has the authority to hold properties, bank accounts, assets and can raise mortgages. The operations of a charitable trust should be in accordance with the trust deed. For the Society Registration of your trust under the section of a charitable trust, it should be for the purpose of charity or for any kind of religious or educational purposes in which case there is no necessity of the actions taken by the trust to be charitable or not.

A charitable trust can be formed for an object or purpose that promotes education, religion or is involved in activities that alleviate poverty or provide any other benefits to the society for which it was formed in the first place. It can also be for any recreational activities that are of public interest and benefit as well. Charitable trusts are not for commercial purposes and any profit earned through it should go to public welfare and not to its trustees or members.

Steps To Form A Charitable Trust

All Charitable Trusts within India needs to be registered with the commissioner responsible for the office of charity and who has administration over the trust. The steps involved in the Society Registration of a charitable trust are as follows :-

Naming Your Trust

The first step is to name your trust. While naming your trust, make sure that it does not suggest any kind of backing Steps To Form A Charitable Trust.or sponsorship from the central or state governments. Also it should not be a name from the list of restricted names stated under the Emblems and Names Act of 1950. There is no issue in using the name of a previously registered trust. If the office Registrar objects to register the name under an already existing trust name, then you can raise a complaint with the top authorities if needed.

Determination of Trustees and Authors

There is no limitation for the number of authors and trustees within a trust. The Sub Registrar can make a final decision on this. But generally there should be a minimum of one Author or Settler and two trustees even though there is no restriction on the maximum number. The authors or settlers are not considered as trustees. Neither there is any minimum educational qualification for being a trustee. But the minimum age for a male to qualify as one is 19 years and for a female it is 18 years. In most cases an average of the two age limits, which is 19.5 is treated as the minimum age to become a trustee.

However, a trustee must not be a foreigner, an NRI with more than 6 months of residence abroad or an OCI card holder.

Preparation of Trust Deed

A trust deed which is a contract for the association and the rules and regulations of the trust should be made as it serves as a legal evidence. The trust deed should contain clauses for name, trustee and authors, beneficiaries, registered office, object, general body members, etc. The trust memorandum must contain details enlisting name, occupation, addresses, signatures, etc of all its members. It should also include a rules and regulation section which has clauses for membership, subscription, committee, meeting, auditor, legal proceedings, properties under the trust,etc.

Registration Process Of A Charitable Trust 

The other procedures involved in the Society Registration of a trust includes :-

Keeping The Documents Ready

It is very important to keep all the documents ready for submission at the time of registration. A trust deed which is made on stamp paper of a percentage value of the property of the trust, should be present which should contain details of the trust like its name, trustee and settler names and addresses, maximum and minimum number of trustees, trust objectives, registered office address, designations of members within the trust, trustee tenures, trusteeImage That Shows A Registration Form. rights and duties, execution date of the deed, etc.

Submission Of Trust Deed

The trust deed with its attested copies should be submitted at the registrar office. Settler should sign each copy of the deed. The author and two other witnesses should be present during registration. Identity proofs and their self attested copies of the people present should be brought along with it.

After the registration, the registrar will return the original of the registered Trust deed while retaining the photocopy of the same.

Registration Certificate

You will receive the registration certificate after a period of 7 days of submitting and completing all the registration procedures. In India, some states require all the trustees to be physically present in the registrar office while the identity proofs and copies of the trustees are only required in other states.

In certain cases, the office registrar will verify the address of your trust by sending an official letter to the trust address.

Have You Received Injuries From A Motorcycle Accident

A motorcycle crash can be a shocking, terrifying, and life-threatening experience. Accidents may happen before either party has time to react, bringing about serious injury and damage to anyone and everything involved. The events immediately following an accident can be chaotic and emotions are often running high. If you’re in an accident, it may be hard to remain focused on the essential things and put aside your frustration, panic and anger. Here are some tips from a motorcycle accident lawyer to follow if you have been in motorbike accident.

motorcycle accident attorneys

First of all, take a look around and ascertain if you or anyone, is injured. If so, taking measures like attempting to avoid further injury or loss of blood are the most important thing you can do. Even if the other driver caused you to be injured it’s good manners to help the other motorist if they’re injured. Some may even be so thankful that they will confess their negligence to you.

Second, contact 911 immediately for help. Even if you don’t think that you’re seriously hurt, it’s always best to be checked over by an emergency medical specialist to make sure. If you are severely injured and can’t move from the road, tell the 911 dispatcher for he or she can dispatch the needed help to guard you from traffic.

Third, get all crucial information, starting with the other driver’s name, address, and contact numbers, the exact location of the accident, names and contact details of witnesses as well as other passengers. In the event that the other drivers makes any admissions of carelessness, note those down as well. Although you may only have a few bits of information from your vehicle accident, consider a cost-free consultation with a personal injury attorney with expertise in traffic accidents in your area Not every accident necessitates an attorney but an experienced local attorney will assist you in making sense of the processes, and ensure that the other motorist’s insurance doesn’t unreasonably pin the cause of the accident on you. Keep in mind, just because you operate a motorcycle and other people don’t, it doesn’t mean you have a lesser number of rights than they do.personal injury lawyers

Finally, get in touch with a reliable Motorcycle Accident Attorney as soon as you have had your initial treatment. A motorcycle accident attorney specializes in this field and can represent your case with accuracy. He knows the ramifications which are involved in a legal course of action. He can estimate the odds of your case and therefore, you can acquire a clear notion of what the outcome of such a case may be. He will be representing you in court. He is someone who knows how to present your case with all the gathered evidence. It’s essential to get in touch with a professional attorney to fight your case. However, you need to know the right way to look for the right person who can fight for your rights.

Wrongful Death – Personal Injury Law

One of the most tragic news a family can receive is that of a loved one passing away under circumstances that can be categorized as wrongful death. A wrongful death occurs when an individual suffers personal injuries or an illness either due to the neglect of a person or party or when circumstances for the individual’s death are proven to have been caused by the actions or the inaction of a person or party. Wrongful death claims are civil lawsuits that result in monetary compensation for the spouse, children, family, or beneficiary of the victim. Traffic accidents make up a large percentage of wrongful deaths, especially on the highway. The Department of Justice (DOJ) reports that 90% of medical malpractice lawsuits involve the wrongful death of an individual. Workplace accidents and slip and falls are two of the main type of accidents that cause wrongful deaths.wrongful death law

If someone you know has died from personal injuries due to the neglect of others, please contact our Wrongful Death Lawyers today.

Wrongful Death Accidents

As mentioned above, motor vehicles accidents and workplace accidents are two of the ways many people receive personal injuries that result in wrongful deaths. Every year, there are more than 1,000 deaths in the country on construction accidents, making construction one of the most dangerous occupations in the United States.

According to the National Highway Traffic Safety Administration, more than 73,000 car accidents occurred in our city in 2017. Roughly 260personal injury lawyers victims of serious traffic accidents received fatal injuries with more than 140 being pedestrians minding their own business. While not all car accident fatalities are wrongful deaths, a large percentage them can be classified as such due to the willful neglect of the other driver. Erratic driving, DUI, and speeding are chief causes of wrongful deaths from car accidents and those responsible for displaying such irresponsible behaviors can be held liable for their actions in civil court.

Violence and medical malpractice are two other common ways wrongful deaths occur in . When someone commits a violent act against another that results in the wrongful death of a victim, both criminal charges and civil litigation can be sought. More than 7,000 people in die every year as a result of injury, according to the Department of Health.
It is important to remember that wrongful death claims in civil court are primarily pecuniary. That is to say, if the individual is found responsible for the wrongful death, he/she must compensate the victim’s family, spouse, or children with the amount ordered by the court.

Common types of accidents resulting in wrongful deaths in include:

Statute of Limitations

The statute of limitations for a wrongful death claim is two years. A lawsuit cannot be brought to civil court for a wrongful death claim if the decedent has died two year’s prior to the claim. However, there are certain exceptions to the two-year limitation, including if new information has come to light that has altered the details of the decedent’s death to prove the wrongful death has occurred.

Getting Legal Help

Wrongful death claims can be a difficult ordeal for a family to endure. However, they are often necessary so as to ensure the family of the victim does not bear the full financial burden of the loss of a primary caregiver and loved one. Holding those responsible for the wrongful death through pecuniary compensation can relieve some of the burden. If someone you know has died from personal injuries due to the neglect of others, please contact our Wrongful Death Lawyers today.