The document outlines the requirements and provisions for registering a non-profit organization or charitable trust as a Section 8 company in India. Key requirements include having objectives related to certain social causes and not paying dividends to members. The central government must provide approval for registration and can cancel the license if certain conditions are violated.
The document outlines the requirements and provisions for registering a non-profit organization or charitable trust as a Section 8 company in India. Key requirements include having objectives related to certain social causes and not paying dividends to members. The central government must provide approval for registration and can cancel the license if certain conditions are violated.
The document outlines the requirements and provisions for registering a non-profit organization or charitable trust as a Section 8 company in India. Key requirements include having objectives related to certain social causes and not paying dividends to members. The central government must provide approval for registration and can cancel the license if certain conditions are violated.
The document outlines the requirements and provisions for registering a non-profit organization or charitable trust as a Section 8 company in India. Key requirements include having objectives related to certain social causes and not paying dividends to members. The central government must provide approval for registration and can cancel the license if certain conditions are violated.
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SEC 8.
NON-PROFIT MAKING ORGANIZATION/
CHARITABLE TRUST PROVISIONS 1. CONDITIONS FOR LICENSE :- WHEN THE CENTRAL GOVERNMENT IS SATISFIED ACCORDING TO FOLLOWING POINTS THEN MAY GRANT THE LICENSE TO SUCH PROPOSED COMPANY TO GET REGISTERED ITSELF AS A SECTION 8 COMPANY. A. A COMPANY TO BE REGISTERED WITH THE OBJECT OF PROMOTION OF COMMERCE, ART, SCIENCE, SPORTS, EDUCATION, RESEARCH, SOCIAL WELFARE, RELIGION, CHARITY, PROTECTION OF ENVIRONMENT OR ANY OTHER RELATED OBJECT, OR B. WANTS TO APPLY ITS PROFIT OR OTHER INCOME IN PROMOTING ITS OBJECT, AND B. DOES NOT PAY ANY DIVIDEND TO ITS MEMBERS, ANY C. THE CENTRAL GOVERNMENT GIVES WRITTEN CONSENT TO REGISTER A COMPANY UNDER THIS SECTION OR D. IN CASE WHERE COMPANY GIVES APPLICATION TO REGISTER OR REGISTER ITSELF UNDER THIS SECTION OR E. IN CASE COMPANY GIVES APPLICATION TO REGISTER TO REGISTER ITSELF UNDER THIS SECTION AND REGISTRAR CAN GRANTS SUCH PERMISSION IF HE IS SATISFIED THAT ALL THE PROVISION OF THIS SECTION ARE SATISFIED. 2. SEC 8 COMPANY SHALL BE LIMITED:- COMPANY REGISTERED UNDER THIS SECTION WIIL HAVE THE STATUS OF A LIMITED COMPANY AS REGISTERED U/S 7 3. MEMBERSHIP:- A FIRM CAN BECOME THE MEMBER OF THE COMPANY NOT NECESSARY THAT ONLY INDIVIDUALS HAVE TO BECOME MEMBERS. 4. AMENDMENT OF MOA OR AOA:- IN ORDER TO MAKE CHANGES IN MEMORANDUM AND ARTICLES OF THE COMPANY REGISTERED UNDER THIS SECTION PRIOR APPROVAL FROM CENTRAL GOVERNMENT IS REQUIRED TO BE TAKEN 5. TRANSITION PROVISI3ON:- IF THE CENTRAL GOVERNMENT IS SATISFIED THAT A LIMITED COMPANY ALREADY REGISTERED UNDER THIS ACT AND ANY OTHER PREVIOUS LAW RELATED TO COMPANIES FULFILLS ALL THE CONDITIONS REQUIRED TO CALL ITSELF AS SECTION 8 COMPANY THEN CG MAY GRANT SUCH COMPANY A LICENSE TO SECTION 8 COMPANY SUBJECT TO CERTAIN RESTRICTIONS AS DISCUSSED ABOVE IN THE SUBSECTION (4). 6. CANCEL LICENSE:- IF CENTRAL GOVERNMENT FEELS THAT:- A.THE COMPANY IS CONTRAVENING SOME OR ANY OF THE REQUIR EMENTS OF THIS SECTION, OR B.SOME FRAUDULENT ACT SEEMS TO BE CONDUCTED BY SUCH COMPANY, OR C.WHILE CONDUCTING ITS ACTIVITY THE COMPANY VIOLATES ITS OBJECT OR HARMS PUBLIC INTEREST.
MEANING AND CONCLUSION .
DOCTRINE OF ULTRAVIRUS THE COMPANY SHALL NOT WORK BEYOND THE POWERS OF ITS MOA AND AOA. THE MOA AND AOA ARE THE LIMITATIONS OF THE COMPANY WHICH ARE STATED AND APPROVED BY THE MEMBERS I.E. OWNERS OF THE COMPANY. THE COMPANY SHALL NOT WORK BEYOND THE SAME. ANY ACT DONW BEYOND THE MOA AND AOA WILL BE CONSIDERED AS VOID AB INITIO PROVISIONS CRIMINAL LIABILITY FOR MISSSTATEMENT WHEN PROSPECTUS INCLUDES ANY STATEMENT WHICH IS – UNTRUE OR MISLEADING IN FORM OR CONTEXT, OR WHERE ANY INCLUSION OR OMMISION OF ANY MATTER IS LIKELY TO MISLEAD