section 25 company

Simple way to understand Substantially Interested Public Companies

Company Law - Under Section 2(18) of the Income tax a company is said to be a company in which the public are substantially interested in the following circumstances: (a) if it is a company owned by the Government or the Reserve Bank of India or in which not less than forty per cent of the shares are held (whether singly or taken together) by the Gover...

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Short guide on Legal issues involved with NGOs in India

Company Law - NGO’s or charity work in India can be carried out by various methods/forms of business, such as a Trust/ A society or by a Non-Profit Company. Coming to the point of why the Government cancelled these licenses. What I have gathered is because:...

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A guide to formalising the charity work you are intending to do in India

Company Law - Forming a, Trust or a Society, or a Company Generally speaking, any organisation that devotes its funds for public welfare is a not-for-profit organisation (NPO). This includes schools, colleges, hospitals, religious organisations, etc. It also includes non-governmental organisations (NGOs). There are three common forms of not-for-profit ...

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Procedure to incorporate Section 8 Companies

Company Law - Objectives of Company proposed to be formed under Section 8 of Companies Act 2013 should be to promote commerce, art, science, sports education, research, social welfare, religion, charity, protection of environment or any such other object. [Section - 8(1) of Companies Act 2013]...

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What’s better- Trust, Society or s.25 Company?

Company Law - One can set up either a public charitable trust, a registered society, or a Section 25 Company (a trust corporation). Each has its own advantages and constraints. If a person wishes to set apart either property or money for a charitable purpose so that the income may be devoted in perpetuity for the fulfilment of the charitable activity, ...

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Govt planning to relax exit norms for not-for-profit companies

Company Law - Government is planning to relax exit norms for not-for-profit companies to allow them to de-register without having to follow cumbersome regulations. The Ministry has been receiving representation from various stakeholders to develop a procedure for strike off name under section 560 of the Companies Act, 1956 of companies (non-profit comp...

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Govt eases rules for incorporating not-for-profit (Section 25) companies

Company Law - The government today eased rules for incorporating not-for-profit companies, by giving the Registrar of companies the power to directly issue licences. Besides, it has reduced the time taken for setting up Section 25 companies by doing away with some mandatory provisions, Ministry of Corporate Affairs Joint Secretary Avinash Srivastav tol...

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Setting up of Section 25 Company for XBRL India

Company Law - As you may be aware that the ICAI has taken a lead role in the development and promotion of XBRL in India and has accordingly set up a provisional jurisdiction of XBRL in India. ...

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Government planning to allow section 25 companies to set up higher educational institutions

Company Law - The government is planning to permit corporate houses to set up higher educational institutions -- like multi-disciplinary universities and colleges -- by floating a separate not-for-profit entity under Section 25 of the Companies Act 1956....

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Trust not entitled to exemption if carrying only incidental objects which are not charitable

M. Visvesvaraya Industrial Research & Development Centre Vs Commissioner of Income-tax (Bombay High Court) - An assessee that engages itself only or predominantly in activities relating to its ancillary or incidental objects which do not relate to any charitable purpose and does not carry on any activity relating to its main object which pertains to a charitable purpose is not entitled to an exemption unde...

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S.25 Company – Amendment in MOA without Government permission is illegal

Vinod tihara & ors Vs Delhi & District Criket Association (Delhi High Court) - The order of Sh. K.S.Mohi basically implements the resolution of DDCA dated 1.3.2007 and on which aspect I have already commented above that there is absolutely no resolution whatsoever dated 1.3.2007 and if even there is such a resolution, the same will be an illegal resolution because the same amo...

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Whether Section 25 company entitled to have two kinds of memberships

Apparel Export Promotion Council Vs All India Garment Exporters Common Cause Guild & Ors. (Delhi High Court) - The crux of the controversy is whether the appellant which is a Company incorporated under Section 25 of the Companies Act, 1956 is entitled to have two kinds of memberships as aforesaid. The only difference in the rights of the two kinds of members is that while the Member Exporters have a right to...

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Proposed guidelines for conversion of section 25 company to an ordinary company

F.No.17/178/2011-CL-V - (29/06/2011) - Proposed guidelines for conversion of section 25 company (non profit company) to an ordinary company under Companies Act, 1956. - The Ministry has been receiving representation from various stakeholders to develop a procedure under Companies Act, 1956 for conversion of section 25 company (non-prof...

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Recent Posts in "section 25 company"

Simple way to understand Substantially Interested Public Companies

Under Section 2(18) of the Income tax a company is said to be a company in which the public are substantially interested in the following circumstances: (a) if it is a company owned by the Government or the Reserve Bank of India or in which not less than forty per cent of the shares are held (whether singly or taken together) by the Gover...

Read More
Posted Under: Company Law |

Short guide on Legal issues involved with NGOs in India

NGO’s or charity work in India can be carried out by various methods/forms of business, such as a Trust/ A society or by a Non-Profit Company. Coming to the point of why the Government cancelled these licenses. What I have gathered is because:...

Read More
Posted Under: Company Law |

A guide to formalising the charity work you are intending to do in India

Forming a, Trust or a Society, or a Company Generally speaking, any organisation that devotes its funds for public welfare is a not-for-profit organisation (NPO). This includes schools, colleges, hospitals, religious organisations, etc. It also includes non-governmental organisations (NGOs). There are three common forms of not-for-profit ...

Read More
Posted Under: Company Law |

Procedure to incorporate Section 8 Companies

Objectives of Company proposed to be formed under Section 8 of Companies Act 2013 should be to promote commerce, art, science, sports education, research, social welfare, religion, charity, protection of environment or any such other object. [Section - 8(1) of Companies Act 2013]...

Read More
Posted Under: Company Law |

Trust not entitled to exemption if carrying only incidental objects which are not charitable

M. Visvesvaraya Industrial Research & Development Centre Vs Commissioner of Income-tax (Bombay High Court)

An assessee that engages itself only or predominantly in activities relating to its ancillary or incidental objects which do not relate to any charitable purpose and does not carry on any activity relating to its main object which pertains to a charitable purpose is not entitled to an exemption under Section 11. A view to the contrary wou...

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S.25 Company – Amendment in MOA without Government permission is illegal

Vinod tihara & ors Vs Delhi & District Criket Association (Delhi High Court)

The order of Sh. K.S.Mohi basically implements the resolution of DDCA dated 1.3.2007 and on which aspect I have already commented above that there is absolutely no resolution whatsoever dated 1.3.2007 and if even there is such a resolution, the same will be an illegal resolution because the same amounts to an amendment of the Memorandum o...

Read More

What’s better- Trust, Society or s.25 Company?

One can set up either a public charitable trust, a registered society, or a Section 25 Company (a trust corporation). Each has its own advantages and constraints. If a person wishes to set apart either property or money for a charitable purpose so that the income may be devoted in perpetuity for the fulfilment of the charitable activity, ...

Read More

Brief on formation of NGO, Charitable Trust, Society, Non profit section 25 Company

The NGO can be formed as following 1. Trust 2. Society, and 3. Non profit Company TRUST The procedure for registration of Trust is as follows: A public charitable trust is usually floated when there is property involved, especially in terms of land and building....

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Posted Under: Company Law |

Whether Section 25 company entitled to have two kinds of memberships

Apparel Export Promotion Council Vs All India Garment Exporters Common Cause Guild & Ors. (Delhi High Court)

The crux of the controversy is whether the appellant which is a Company incorporated under Section 25 of the Companies Act, 1956 is entitled to have two kinds of memberships as aforesaid. The only difference in the rights of the two kinds of members is that while the Member Exporters have a right to elect and to be elected as office beare...

Read More

Govt planning to relax exit norms for not-for-profit companies

Government is planning to relax exit norms for not-for-profit companies to allow them to de-register without having to follow cumbersome regulations. The Ministry has been receiving representation from various stakeholders to develop a procedure for strike off name under section 560 of the Companies Act, 1956 of companies (non-profit comp...

Read More
Posted Under: Company Law |
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