Formation of NPO

1. Formation of NPO By CA Ved Mittal Ved & Associates

2. Formation of A NPO • Trust • Society • Section 8 Company ( Section 8 of New Company Act 2013 ) • Special Licenses.

3. Relavent Acts • The Following Laws or constitutional Articles of Republics of India are relevant to the NPO • Article 19(1) ( c ) and 30 of the constitution of India • Income tax Act 1961 • Public Trust Act of Various States and Indian Trust Act 1882. • Society Registration Act 1860. • Section 8 of Indian companies Act 2013 • Foreign Contribution Regulation Act 2010

4. Registration of Trust • There are Two Types of Trust • Public Charitable/Religious Trust. • Private Family Trust (AOP).

5. Registration of Trust • The Registration for a Trust , whether in relation to a movable property or an immovable property is optional but always desirable. • A Registered Trust Deed has certain advantages which are listed below • A registered Trust Deed is an official document which carries support and force of Law • It effectuates transmutation of Possession • A Conveyance of Trust proper to trustee under a Registered Deed is generally not open to Challenge.

6. Registation of Trust • These trust are registered under the Sub-Registrar as per the area of the registered office of the trust. • Requirements:- • Settler:- Who creates the trust. • Trustee:- Who look after the trust. Minimum 2 • Initial Corpus Fund / Trust Property.

7. Registration of The Trust The Following mentioned Papers need to be submitted at the Office of Sub- Registrar • Two copy of the Trust deed with duly signed and photo of settler and trustees • Address proof of the registered office with NOC • Address proof of Settler and Trustees • A Pay order of Rs. 1100/= • Two witness • All other procedure as same as you purchased the property and transfer

8. Key Points of Trust Deed • Key points to be remembered:- • Name of the Trust. • Name of the Settler. • Name of the Trustees. • Initial Corpus Fund. • Main Objective of the Trust. • Ancillary Objective. • General Body. • Executive Committee. • Quorum. • Operating Bank Account. • Dissolution.

9. How to Register Society • Searching the Name of Proposed Society. • Two copy of the Bye-Laws with duly signed by all initial Members. • Address proof of the registered office with NOC • Address proof of all initial Members • A Receipt of Rs 50/= • All the papers has to be notarized.

10. Bye- Laws of the Society • Key point to be remembered • Name of the Society. • Work Scope within state or Whole of India. • Main Objective. • Ancillary Objective. • General Body. • Executive Committee. • Quorum. • Operating Bank Account. • Dissolution Clause.

11. COMPANY U/S 8 • Registration Procedure:- • Availability of name :- in form no INC-1 applies with the ROC as normal name application for companies. • Application for License :- After approved name we file application for License in form no INC-12 with the following documents. 1. Draft Memorandum of Association as per form INC-13. 2. Draft Article of Association

12. Application for License ( continued ):- 3. Declaration in form No INC-14 ( Professional Declaration ). 4. Declaration in form No INC-15 ( Directors Declaration ). 5. Estimated income & Expenditure for next 3 years 6. Approval/ concurrence/ NOC of the concerned Authorities 7. Copy of Resolution Passed in General Meeting and Board Meeting. 8. Assets & Liabilities Statements with their values as per applicable Rule. 9. List of Proposed Promoters. 10. List of Proposed Directors. 11. List of key managerial personnel.

13. Registration Procedure ( contin…..) (iii) After Receiving License we file following form

14. Comparison

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