Sec 8 Charitable Trust

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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

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