Dear Sir
ours is a Charitable trust registered at Jaipur Rajasthan and we work in two states Raj and UP and have four offices (Project wise locations) three in Rajasthan and one in UP. We are planing to apply for FCRA in next 10-15 days.
Pl let us know what documentation is required for address of Registered office / HO/project office for applying FCRA if our registered office and HO is owned by one of the trustees.
best
Asif Zaidi
Dear friends,
I need your input on 2 things:
a) what are the formalities involved in changing the registered address of a trust especially if it involves 2 states – change from one state address to the new address located in another state?
b) I would like to have a clarity on the negative lists under the new Service Tax and shall be glad if one of you can provide me with a write-up or link.
Thank you very much.
Kt
(T.Kaithang)
Finance Director,
Emmanuel Hospital Association,
Dear SRRF Dialogue Members,
Festive Greetings !!
Our Expert Panel has given their opinion on an interesting issue of REGISTERED OFFICE raised by Mr. T Kaithang:
Query: ‘What are the formalities involved in changing the registered address of a Society especially if it involves 2 states – change from one state address to the new address located in another state?’
Expert Panel says:-
Registered Office
This opinion covers the issue relating to change in Registered office of a Trust or a Society from one state to another.
A public charitable trust or a society is registered under State legislation and hence it is a state subject governed by that state’s legislation. A society or a Trust once registered within a State cannot move to another State, since no legislation covers multi-state trusts/societies. The legislation of a State say Andhra Pradesh, cannot cover another state, so a society or Trust registered under Andhra laws cannot have a Registered Office, say, in Tamilnadu, since the Andhra legislation would not be applicable in Tamilnadu. One could argue that if it is an All India level Society, Registered Office can be moved from one state to another. However in such a scenario also the Society may have been an All-India Level society, but since it has been registered under one State it cannot have its Registered Office changed to another State. It may be emphasized that one can have project office / corporate office in another state, but not Registered Office.
Perhaps once the proposed legislation ‘Multi-State Society Bill 2012’ comes, issue may be resolved.
Of course the above will not be applicable in case of companies (s. 25 company), since they are registered under a central Act.
FCRA
The issue discussed in preceding paragraph is for change of Registered Office address at the registering authority. It may be noted that under FCRA, Form FC-3 (new form for applying for FCRA registration) does not ask for Registered Office address, but ‘address’. Presumably this would be address at which the authorities can communicate with the entity concerned. Thus under FCRA Dept., one can always apply for change of address from one state to another. However please do note ‘change of address’ is not just intimation but Dept.’s approval will be required. This is important since the entity will be allotted a new registration number. FCRA code structure denotes first two digits of FCRA registration for state, and hence the need for a new registration number.
Please note in case change of address is within a State, one should use a specific Form, copy of which we have downloaded on SRRF website and the link is mentioned below for your reference:
http://blog.srr-foundation.org/?page_id=1000
We thank Mr Deepak Bansal, Chartered Accountant, for his valuable inputs in resolving the above query.
Thank you for the clarification.
Kt
(T.Kaithang)
Dear Sir,
The only document required for address of Registered office / HO/project office for applying FCRA can be the certificate of registration of the Trust or the society as the case may be.
Dear Asif,
Greetings from Hyderabad!
As I understand the offices of your organization are owned by one of the Trustees. All the documents pertaining to the address proof would be in the name of the Trustee. While applying for FCRA, these documents will not hold so far as address proof is concerned. My suggestion would be as under:
1. Are you paying rent to the Trustee for using the premises?
2. If yes, Do you have a rent agreement with the Trustee?
The best document would be the rent agreement between the organization and the Trustee.
Thanks and regards,
B V Soma Sastry
Dear Sir,
The only document required for address of Registered office / HO/project office for applying FCRA can be the certificate of registration of the Trust or the society as the case may be.
Rajneesh