Problem while applying for bank account for NGO
Problem while applying for bank account for NGO
Dear Sir, Earlier, We had the same person as president and founder of our NGO. Because of some differences he resigned and we elected a new president by majority vote of registered members and positi
8 months ago
A. Dear Client,
A trustee cannot resign without the permission of the court unless the trust instrument so provides or unless all of the beneficiaries who are legally capable to do so consent to the resignation. The court usually permits the trustee to resign if continuing to serve will be an unreasonable burden for the trustee and the resignation will not be greatly detrimental to the trust. Appointment of the trustee should be done formally, expressly in writing, even though it will always be imp ...ReadMore
Residential Society Rules and Regulations
My Society has fitted Boom Barriers at main entrance gate now they are asking vehicle details for issuing RFID Sticker for vehicle so that Boom barrier reads RFID sticker and opens automatically i am
9 months ago
A. Dear client,
Each society has its own by-laws and you can't object it unless it is illegal. In the instant case, it is not illegal and hence you have to comply to it
My father started a 2 educational colleges
My father started a 2 educational colleges in a Trust and a Society. Can i become a trustee and President of that Trust/Society. I am a American passport holder with OCI and now living in India for 7
9 months ago
A. Dear client,
Explanation 1 to Section 60 of the Indian Trust Act provides, inter alia, that a person domiciled abroad or an alien enemy, i.e. a person not domiciled/ resident in India or a person belonging to a state which is at war with India, are not proper persons to be trustees and they are not permitted to be trustees of Indian resident trusts.
Hence if you are domiciled abroad, you cannot be a trustee
How many Tax Benefit available in Trust or NGO ? Please guide
How many Tax Benefit available in Trust or NGO ? Please guide us
9 months ago
A. Dear client,
Section 67A: This section provides for the taxation of the income of an unregistered trust as if it were the income of an AOP. This means that the income earned by the trust is taxed at the maximum marginal rate applicable to an AOP, which is currently 30%
For the NGO to be exempted from paying taxes on donations taken, it must be ensured that the said NGO is registered under Section 12A of the Income Tax Act (1961). Any NGO or charitable fund established before 1st April 2021 sho ...ReadMore
RWA - I want to make an Organization to work
I want to make an Organisation to work for the welfare of the Residents of a State in all over India or can be out of India too. Under which act it will be better to register? Trust Act or Society Act
9 months ago
A. Dear client,
It is clear that both the organizations i.e. Trusts or society are meant to provide social benefit, and providing social welfare to society at large, they cannot do any other work apart from providing social benefits and what is prescribed in the main documents, the surplus from their business cannot be applied in any other object, i.e. Non-profit organization.
In case if you want a more organized, structural management to provide social benefits to public at large then formatio ...ReadMore
Society is closing the clubhouse early
Hi team, We have a flat in outskirts of Mumbai and for people who work in town, it takes 2 hours to reach their house. Hence, I reach by 7:45pm-8pm. I have asked the society to keep the clubhouse open
10 months ago
A. Dear Client,
A society runs following its Byelaws which protect the common interest of all residents of the society. Your standalone approach shall not work or be entertained here. In case you find few other residents facing a similar problem, you may jointly approach the society for an extension of time for the closure of the clubhouse and its facilities for which you pay maintenance along with other residents and deserve the same right to enjoy the facilities. Failing which you may jointly br ...ReadMore
NGOHeadoffice as a mediator in a dispute between a branch association and member
We are the headoffice who have been requested to mediate a conflict between our local branch body and two of the volunteer members. The members had conflict with the Board of Management and did not fo
10 months ago
A. Dear Sir,
The terms of negotiations cannot be spelled out in this answer unless I will get full history of the case and other documents between concerned parties.
In india , Trust is better or NGO is better
Our Private company's Director want to establish Medical , education and other facilities those who needs. Please guide Trust is Better or NGO is Better in India . any tax benefit ,Please guide us
10 months ago
A. Dear Client,
NGOs are responsible for the promotion of certain causes whether it is in health, education, labor, environment, and other fields of life. Trusts, on the other hand, are when a person wants his or her properties and money to be managed by a certain body which is a trust.
Therefore, based off of the goals you have stated in your query, a trust might be the better option. However, it is not possible for us to give a conclusive recommendation without considering conditions surroundin ...ReadMore
Apartment Owners Welfare Societies - Election malpractices
Our apartment owners welfare Association forms an election committee every year for running the society elections. Many a times election committee members are partisan and run a compromised election p
10 months ago
A. Dear Client,
Apartment Owners Welfare Association is formed with its Byelaws and registered by the Housing Deptt of the State Govt under the respective State Apartment Ownership Act and Rules. Once a mass complaint with regard to malpractice of the Association is reported to the said governing Authority, they will take up the complaint suo motto and call on an explanation or counter-response to the complaint from the Governing Body/EC of the Association. On receipt of response from the Associat ...ReadMore
Byelaws - Membership
In a registered co-operative residential society in Gujarat, there are positions like President, Secretary, Treasury and other members – totaling to 5 / 8 / 11 numbers. Normally whoever is owner of
10 months ago
A. Dear Client,
A nominee being legal heir of member-owner of the cooperative society, the member can nominate a name of member of his family to act on his behalf for the specific purpose for a specific period. Accordingly the nominee may be admitted as a member through a unanimous resolution in a routine meeting of the society.
As regards the nominees position in the Governing Body of Society if proposed by the member, the matter is being always decided on majority of vote passed in AGM
