Articles of Incorporation Foundation is a crucial legal document required when establishing a non-profit foundation in Pakistan. This document must be prepared in accordance with the Companies Act 2017 and filed with the Securities and Exchange Commission of Pakistan (SECP). It serves as the foundation's constitutional document, outlining its charitable objectives, governance structure, and operational procedures. The Articles must specifically address Section 42 requirements for non-profit companies, including provisions for applying income solely toward promoting objectives, prohibition of dividend payments to members, and proper dissolution procedures. This document is essential for obtaining necessary licenses and registrations from SECP and other regulatory authorities, and forms the basis for the foundation's legal existence and operations in Pakistan.
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1. Name and Establishment: States the official name of the foundation and its establishment under Pakistani law
2. Registered Office: Specifies the official address of the foundation
3. Objects and Powers: Details the foundation's charitable/non-profit purposes and powers to achieve these objectives
4. Not for Profit Nature: Declaration of the foundation's non-profit status and prohibition of profit distribution
5. Application of Income: Specifies how the foundation's income and property will be applied towards its objectives
6. Limited Liability: States the limited liability nature of the foundation
7. Board of Directors: Establishes the governance structure, including composition, appointment, and removal of directors
8. Proceedings of the Board: Rules for board meetings, voting, and decision-making processes
9. General Meetings: Procedures for conducting general meetings of members (if applicable)
10. Accounts and Audit: Requirements for maintaining financial records and conducting audits
11. Seal: Provisions regarding the foundation's official seal and its use
12. Amendments: Procedures for amending the Articles of Incorporation
13. Dissolution: Procedures for dissolution and distribution of assets upon winding up
1. Members: Required if the foundation will have a membership structure beyond the board
2. Advisory Board: Include if the foundation will have an advisory board separate from the main board
3. International Operations: Include if the foundation plans to operate internationally
4. Branches: Include if the foundation plans to establish multiple branches
5. Investment Policy: Include if the foundation will manage significant investments
6. Conflict Resolution: Include specific dispute resolution procedures if desired beyond standard legal remedies
7. Committees: Include if specific standing committees are to be established
1. Schedule 1: First Directors: List of initial board members and their details
2. Schedule 2: Powers of the Board: Detailed enumeration of the board's powers and responsibilities
3. Schedule 3: Subscribers: Details of the founding subscribers to the Articles
4. Schedule 4: Initial Assets: List of assets initially contributed to the foundation
5. Appendix A: Forms of Appointment: Standard forms for appointing directors and officers
6. Appendix B: Rules of Procedure: Detailed procedural rules for meetings and decision-making
7. Appendix C: Financial Controls: Detailed procedures for financial management and control
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