Drafting of Trust Deed & Memorandum of Association (MoA): Establish Legal Grounding Right

Professional Legal Drafting Solutions by AK Legal Mantra
AK Legal Mantra offers expertly customized professional legal drafting solutions for Trust Deeds and Memorandum of Association (MoA) being the most critical legal documents to register and operate your NGO, trust, society, or Section 8 company. A well-drafted constitution document safeguards legal compliance, operational understanding, and long-term trustworthiness.

What is a Trust Deed and MoA?

A Trust Deed is the constitution of a trust, describing its object, management, and powers of the trustees. It is signed under the Indian Trusts Act or other state law and is necessary to register a charitable or private trust.

A Memorandum of Association (MoA) is the constitutive document for societies and Section 8 companies. It specifies the purpose, nature of work, membership, and governance of the organization.

Significance of Effective Drafting

  • Legal Validity: Ensures that it complies with the relevant laws (Trusts Act, Societies Registration Act, Companies Act)
  • Specific Aims: Avoids future litigation by explicitly establishing the charitable, religious, educational, or social objectives
  • Smooth Registration: Lack of proper drafting of documents leads to delays or rejection during registration
  • Operational Guidance: Serves as a reference point for governance, meetings, use of assets, and succession planning
  • Donor & Regulator Confidence: Increases your organization’s credibility among donors and government agencies

Key Elements of a Trust Deed

  • Name and address of the trust
  • Author’s and trustees’ details
  • Trust objectives (charitable, religious, etc.)
  • Powers and duties of trustees
  • Procedure.:.for meetings, management, and decision-making
  • Appointment/removal of trustees rules
  • Amendment and dissolution clauses
  • Beneficiaries and fund use
  • Irrevocability declaration (if applicable)

Major Elements of Memorandum of Association (MoA)

  • Name clause and registered office
  • Objectives clause (main, ancillary, and other objects.)
  • Founding member details and their roles
  • Rules and regulations for operation
  • Asset and fund use policies
  • Meeting procedures and voting.
  • Membership admission and resignation
  • Dispute resolution and winding-up clauses

How AK Legal Mantra Can Help

We provide customized drafting services as per your organization’s mission and legal requirements:

  • Preparation of customized Trust Deed and MoA
  • Legal checking and adherence to state/central registration standards
  • Advisory on selecting between Trust, Society, or Section 8 Company
  • End-to-end facilitation through the registration process
  • Drafting review of existing deeds/MoAs for amendment or restructuring

With AK Legal Mantra, your founding documents are professionally drafted, legally compliant, and future-proof.

FAQs

1. Is registration of Trust Deed or MoA compulsory?
Yes, registration is necessary for legal validity, tax advantages, and compliance with laws.

2. What number of persons must be used to form a trust or society?
For trusts, typically 2 or more trustees. For societies, 7 or more members.

3. Can I later amend my Trust Deed or MoA?
Yes, but only by a legally valid amendment process, which we can help you with.

4. What if the deed or MoA is weakly drafted?
You could risk rejection upon registration or subsequent operational and legal issues.

5. Can AK Legal Mantra assist in registration as well?
Of course! We provide both the preparation and registration process from scratch to completion.