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CS Professional · Strategic Management and Corporate Finance · Infrastructure Investment Trusts

Under the InvIT Regulations, in what legal form must an InvIT be constituted?

An InvIT must be constituted as a trust under the Indian Trusts Act, 1882, with its trust deed registered under the Registration Act, 1908. It cannot be a company, LLP or co-operative society, so the trust form is the legal requirement.

  1. AA company incorporated under the Companies Act, 2013
  2. BA limited liability partnership
  3. CA trust registered under the Indian Trusts Act, 1882, with the instrument of trust registered under the Registration Act, 1908Correct
  4. DA co-operative society

Explanation

The Regulations require the InvIT to be set up as a trust under the Indian Trusts Act, 1882, and the trust deed to be registered under the Registration Act, 1908. A company, LLP or society cannot be an InvIT.

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