Charitable trust and activities abroad
Daivat
(Querist) 26 June 2017
This query is : Resolved
Can a Charitable Trust organisation in Rajkot, Gujarat, India carry out charitable activities abroad as well? I think this is OK but can it establish a charitable trust in a country outside of India (subject to the local laws permitting)? I suppose this would be done so that the Indian Charitable Trust itself and not the individuals is a founding member or trustee of the foreign charitable organisation. Does Gujarat State law or BPTA allow this?
Thank You
M V Gupta
(Expert) 03 July 2017
A public charitable trust registered in India will have jurisdiction to undertake activities within the territorial limits mentioned in the deed of trust or the MOA and rules registered under the Indian Act. Hence prima facie the Indian trust cannot take activities abroad. For this purpose the MOA and the Rules or the trust deed need to be amended and compliance with the Foreign Exchange Management Act and the rules framed under the Act is necessary. As regards establishing a charitable organisation abroad, you will have to take into account the relevant Acts/Regulations of the Country concerned.
Daivat
(Querist) 04 July 2017
Thank you for the insightful responses. This is very much appreciated
