The Non Profit Articles of Incorporation is a crucial document required when establishing a charitable organization in India under Section 8 of the Companies Act, 2013. This document is necessary for any group seeking to form a non-profit entity that will operate for charitable purposes without profit distribution to its members. It contains essential information about the organization's charitable objectives, governance structure, and operational framework, while ensuring compliance with Indian regulatory requirements. The Articles must be filed with the Registrar of Companies and receive approval from the Ministry of Corporate Affairs. This document forms the foundation for obtaining various registrations and approvals, including tax exemptions under Section 12A of the Income Tax Act and FCRA registration for foreign contributions.
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1. Name Clause: States the proposed name of the non-profit company and declaration of its registration under Section 8
2. Registered Office Clause: Specifies the state where the registered office will be situated
3. Objects Clause: Details the charitable/non-profit objectives of the organization, including main objects and ancillary objects
4. Limited Application of Profits: Declaration that profits will be applied only for promoting charitable objects
5. No Profit Distribution: Prohibition on payment of dividends to members and use of income for charitable purposes only
6. Liability Clause: States the limited liability nature of members
7. Capital Clause: Details about the authorized share capital structure
8. Association Clause: Declaration by persons forming the association and their intent to form the non-profit
9. Governance Structure: Details about the Board of Directors, their appointment, removal, and powers
10. Membership: Classes of membership, rights, and obligations of members
11. General Meetings: Procedures for conducting annual and extraordinary general meetings
12. Financial Management: Provisions for accounts, audit, and financial controls
1. Branch Offices: Include when organization plans to operate multiple offices across different locations
2. Foreign Contributions: Include when organization plans to receive foreign funding, incorporating FCRA compliance
3. Dissolution Clause: Detailed procedures for dissolution and asset transfer to similar organizations
4. Collaboration Framework: Include when organization plans regular partnerships with other entities
5. Research and Publications: Include for organizations focusing on research or educational activities
6. Conflict Resolution: Detailed procedures for resolving internal disputes, recommended for larger organizations
1. Schedule I - Subscriber Details: Details of the founding members/subscribers including names, addresses, and occupations
2. Schedule II - Initial Board Members: List of first directors with their DIN, contact details, and consent
3. Schedule III - Objects Classification: Detailed classification of charitable objects as per Income Tax Act categories
4. Schedule IV - Initial Rules and Regulations: Detailed operational rules and procedures for the organization
5. Appendix A - Consent Letters: Consent letters from all directors and office bearers
6. Appendix B - Declaration of Compliance: Declarations required under Section 8 of Companies Act
7. Appendix C - Property Details: Details of any initial property or assets being contributed to the organization
Relevant legal definitions
Clauses
Relevant Industries
Education
Healthcare
Social Services
Environmental Conservation
Arts and Culture
Religious Organizations
Research and Development
Poverty Alleviation
Rural Development
Women Empowerment
Child Welfare
Disability Support
Animal Welfare
Sports Development
Community Development
Relevant Teams
Legal
Compliance
Finance
Board of Directors
Administrative
Corporate Governance
Operations
Company Secretarial
Risk Management
Strategic Planning
Relevant Roles
CEO/Executive Director
Board Chairman
Company Secretary
Legal Counsel
Chief Financial Officer
Compliance Officer
Board Member
Trustee
Managing Trustee
Program Director
Administrative Director
Finance Manager
Operations Manager
Development Officer
Governance Officer
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