Would like to know what will be the procedure to change the name of an existing registered charitable Trust.
Is it possible to change the name or do we have to register a new Trust?
Thanks
Mukti K Bosco
Founder & Secretary General
Ashoka Fellow, India
Healing Fields Foundation
any case law on change the name of trust in same deed
Please go through State vs Hindu Heritage Trust of 1991 (Citation: 48 (1992) DLT 433) Link https://indiankanoon.org/doc/1994747/
This is an interesting case, where the Order specifically states that ‘Trustees are empowered to change the name of the Trust …. and there is no legal impediment in their way. The Resolution of the Trust in this regard is valid which can be given effect to immediately.’
You can change the name by adopting a resolution in your Trust board meeting and register supplementary deed in the same registration office of your original deed and apply to IT, FCRA and others, along with copy of the supplementary deed, for effecting legal change in the name of your Trust
Hello Mukti
The process is first to get a resolution passed in a Board Meeting, apply for the name on PAN changed, post that redo the trust deed, as an amendment, with all other clauses remaining the same except the name and re-register with the respective registrars office.
with these two documents, new name in the PAN and the re-registered trust deed, submit a request to the Income Tax Office (Exemption) for continuation of the 12A and 80G in the new name.
The whole process takes 5-6 months. There is no need to register a new entity for this.
Hope this helps
Dear sir
If objectives and member are same and you want to add one word with existing name then you should add with pass a resolution and submit to Registrar with affidavits and get new certificate. For more changes you have to register new one.
With Regards,
R.C. Sharma
It is possible to change the name of the existing charitable Trust/Society, provided the members of the concerned Trust/Society have to pass the resolution to change the name and get approval from the concerned registered authorities including income tax department. Besides the name also to be changed in the PAN, TAN, 12 A, 80G, FCRA etc
The process is first to get a resolution passed in a Board Meeting for New Name suggested, with this passed resolution it is to be sent to concern authority for change in the name of Trust/Society and get the registration certificate with new name. With this we have to apply for change in the name of all certification/registration i.e. Income-Tax/80G/FCRA/EPF/Professional Tax and it is also required to inform Funder about change of the name, All Bank accounts etc.
Further, In addition to that we would like to understand the followings which we need to explore on your portal.
What in the case of society? If the society has submitted the application of change in the name of Society and get the endorsement of inward but not given the new registration certificate with new name?
Whether it is required to submit updated society registration certificate with application for Income-tax, Professional-Tax, Provident Fund Authority and Banks?
Please guide to us on the same.
With regards,
In the case of Society also, it is the same process. When you intimate the change of name of Society, they have to approve the same and issue a fresh registration certificate with the name, mentioning the change from the previous name. Only then, the change will be legally valid. Thereafter other procedures have to be followed as in the case of Trust, with other departments
In my opinion, you can change name of the trust if trust deed permits with consent of all the trustees in the meeting.