Governance

Unlike a company or a society, the trust does not have a General Body, from which the Governing Body is elected. The trustees are the ultimate authorities of a trust. Therefore, all the Trustees form the Governing Body of the Trust and the issue of electing a Governing Body is not relevant. However, Trustees can elect office bearers among themselves at periodic intervals. It is important that the Trust Deed is drafted accordingly.

3.1. Membership

A minimum number of 2 members is required to form a Trust. There is no educational qualification required to become a trustee. Even an illiterate person can become a trustee. Minimum age to become a trustee is 18 years in case of female and 19 years in case of male. However, sometimes average of both the minimum ages that is 19.5 years is considered in general. A trustee must be a resident of public of India. Foreigners, OCI card holders and NRIs residing abroad for more than six months cannot become member of the trust.

3.2. Meeting

The Board of Trustees should at least meet once in a year for the necessary functions such as appointment of auditors, approval of financial statement, etc. However, the Trust may mandate increased number of meetings through incorporation of such clause in the Trust Deed.

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