I was appointed as a trustee along with my wife by my late father who founded the charitable trust. Both of us are OCI Card holders.
1. Can we remain as Trustees? If yes do we have to go to India every six months?
2. Can a foreign citizen be appointed as the trustee of the charitable trust in India?
The Trust is registered in Jalesar, Etah district, Uttar Pradesh in India.
1) Yes, you can still continue to be be trustee .
2) As you are holding OCI cards you do not have to seek multiple visa to visit India.
3) As per section of Indian Trust Act, 1882 any person capable and competent to enter into contract can become a trustee. Here the quotation " any person " dose not specify that such person ought to be Indian Citizen.
4) Can you do a little favour for me, kindly click upon the thumbs up tab shown below this reply format in token of my having replied to your query.
Lawyer Detail
Talk to Lawyer
With respect to your query, the legal opinion is as under:
(1) There is no legal bar that a foreign national or NRI is appointed trustee of a public trust
(2) It is necessary for the trustee to attend the meetings of the trust as and when required. This power cannot be delegated to anyone. So you shall have to visit India as and when urgent or necessary meetings of the trust take place.It is not necessary to visit India every six months regularly. However whenever important meeting of trust takes place, you shall have to come over to India to participate in the meeting. In this respect terms of the trust deed are also important. In case quorum of the trustees is complete even in your absence, your presence is not mandatory.
(3) The charitable trust may be private as well as public. In case your trust is private trust, then it shall be governed the Indian Trust Act while public trust is governed by the Charitable Public Endowment Act. So the nature of the trust and the terms of the trust deed can finally ascertain about your participation is meetings of the trustees and about the factor of your visit to India for the purpose of administration and working of the trust.
Lawyer Detail
Talk to Lawyer
As an OCI card holder you are eligible to be the Trustee of Trust which is in India there is no problem.
Lawyer Detail
Talk to Lawyer