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How is an NGO, a Trust and a Foundation Different?

From a legal standpoint, there is hardly any difference. An NGO or a Foundation cannot be registered. The legal viewpoint is that an NGO has one of three entities; its either a Public Trust or a Society or a not-for-profit organization or foundation. Under the Income Tax Act, all 3 entities are tax-exempt entities.Both trust and society alike are two types of a non-profit or non-government organization in India. Therefore if anyone intends on doing social work and for this purpose needs a legal entity, then either a trust or a society can be registered. One can also register a company under section 25 but in most cases, a registered is a norm or society for benevolent work.Trust is a comparatively simpler entity and can be easily registered and operated. Such organizations are fundamentally rooted in trust. Donations are purely based on trust that the donated funds would be fully utilized to serve the purpose mentioned in one’s trust deed. Trustees do not owe any explanation to anyone other than the Charity Commissioner and the applicable laws. Any tax breaks u/s 80g and 12a can be revoked if trustees do not abide by the rules, laws, and regulations of the Income Tax department. Analyzing NGO Registration people seem to think that even with lack of funds if NGO registration is done then their goals and objectives can be attained. Truth is as quickly as some NGOs are being registered they are also winding up quickly or even leaving it in the middle. If NGOs are registered with the intention or mindset of obtaining external grants and donations then such NGOs would not be sustainable in the long run. A company donating a chunk of funds to charity on a regular basis, then in such cases an NGO can be registered with enhanced sustainability planning.  In India, there are many registered NGOs only on paper and only about a little over half of NGOs are actually working for the betterment of society. NGOs can be formed in no time at all. However, when project funds from local government schemes or contributions from foreign countries are on hold indefinitely then the entire NGO comes to a screeching halt. Rather than looking for easier options for forming an NGO, for NGO registration its imperative to analyze the actual requirement and the strength to form, manage and maintain such NGO is far more important.Call 7604047601 for consultation with a registered expert Trust and Society NGO lawyers on Vidhikarya.

Posted By

Avik Chakravorty

1 month ago

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Why is RTI Amendment Bill So Controversial?

Although the Lok Sabha has passed and ratified The Right to Information Amendment Bill 2019 the Opposition is dead against it. Invectives like ‘dangerous’ and ‘dark day for democracy’ have been hurled against the bill. Changes have been suggested in regard to the terms and conditions of appointment of information commissioners at the center and state levels. The three provisions of the RTI amendment bill have been challenged by the members of Opposition in Parliament and by protesters in the field.Nonetheless, prior to going forward, the basic things that the RTI Act of 2005 does is based on the existing law which says that the public authorities are required to disclose on·        their organization, functions, and structure·        rights and duties of its officers and employees·        financial dataIf the public authorities do not provide the required information of their own volition, then, in that case, its citizen’s right to demand it from them based on the RTI Act. "Public authorities" refer to ministers and government servants among others.The head of the central information commission is the chief information commissioner and other information commissioners appointed by none other than the President representing the Central Government for a fixed term of five years with the salary of the chief election commissioner’s, as well as the election commissioner's salary respectively. The intent and purpose of this initiative were granting autonomous powers to the central information commission as well as provide protection from government surveillance. The amendments ` ` ` `The RTI amendment bill of 2019, excludes the five years tenure of the chief information commissioners and the information commissioners. The payouts on account of salary have been revised. Separate notifications will be sent by the government to both. Politically, what this means is that the government can and will pose a threat or entice the chief information commissioner and information commissioners with random removal or extension and curtailment or increase in salary depending upon their suitability for the ruling dispensation.Call 7604047601 for consultation with a registered expert right to information lawyer on Vidhikarya.

Posted By

Avik Chakravorty

1 month ago

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Consult Top Equipment Finance and Leasing Lawyers in India

Dsouza

Dsouza

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Equipment Finance and Leasing
  • Arbitration and Mediation
  • Admiralty And Maritime
  • Aviation
  • Corporate And Incorporation
All types of Civil & Criminal matters at the Hon'ble High Court at Bombay & also the Hon'ble High Court of Bombay at Goa. Kindly view my website www.civilandcriminaladvocateinmumbai.com View Full Profile
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Equipment Finance and Leasing
  • Civil
  • Criminal
  • Cheque Bounce
  • Domestic Violence
Advocate Harish Kaushik has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired over 8 years of professional experience in providing legal consultancy and advisory services. View Full Profile
RAJENDRAPRASAD PV PV

RAJENDRAPRASAD PV PV

ADVOCATE
Exp
Hyderabad , Telangana

Specialization

  • Equipment Finance and Leasing
  • Civil
  • Debt Collection
  • Landlord And Tenant
I AM A PRACTICING LAWYER/ADVOCATE AT HYDERABAD IN ORIGINAL AND APPELLATE COURTS INCLUDING HIGH COURT SINCE THE DATE OF ENROLLMENT AS SUCH ON 18-11-1983 IN THE ROLLS OF BAR COUNCIL OF AP WELL EXPERT IN REDRESSING ALL TYPES OF VARIOUS REMEDIES LEGALLY WITH LEGAL APPROACH View Full Profile
Vinay  Pratap Singh

Vinay Pratap Singh

ADVOCATE
Exp
Bhopal , Madhya Pradesh

Specialization

  • Equipment Finance and Leasing
  • Civil
  • Advertising
  • Animal Laws
  • Aviation
Arnab  Banerjee

Arnab Banerjee

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Equipment Finance and Leasing
  • Criminal
  • Administrative Law
  • Arbitration And Mediation
  • Animal Laws
i am good at research work and documentation work of all kind. View Full Profile
Total Answers Given : 9
KUNAL  SHARMA

KUNAL SHARMA

advocate
Exp
Jaipur , Rajasthan

Specialization

  • Equipment Finance and Leasing
  • Cheque Bounce
  • Debt And Lending Agreement
  • Election Campaign And Political Laws
My Work Experience is 3 Years. I am teacher in a Law faculty, have taught ADG & Judiciary Student. View Full Profile
Total Answers Given : 7
Shreedhar Ramesh Das

Shreedhar Ramesh Das

Advocate
Exp
Bagalkot , Karnataka

Specialization

  • Equipment Finance and Leasing
  • Cheque Bounce
  • Debt And Lending Agreement
  • Election Campaign And Political Laws
  • Environment And Natural Resources
Practicing since 2004 View Full Profile
Sunil  Jain

Sunil Jain

Lawyer
Exp
Ghaziabad , Uttar Pradesh

Specialization

  • Equipment Finance and Leasing
  • Criminal
  • Bankruptcy And Debt
  • Contracts And Agreements
  • Customs, Excise
I am a criminal lawyer by profession based in Ghaziabad with appearance before all Courts and Tribunals in Delhi / NCR including Allahabad High Court and adjoining Districts of Western Uttar Pradesh like Meerut Moradabad Bulandshahr Muzzafarnagar Hapur Noida. View Full Profile
Meenakshi  Garg

Meenakshi Garg

Advocate
Exp
North Delhi , Delhi

Specialization

  • Equipment Finance and Leasing
  • Divorce
  • Cheque Bounce
  • Civil
  • Debt And Lending Agreement
Total Answers Given : 52
Shailesh  Kumar

Shailesh Kumar

Advocate
Exp
Ranchi , Jharkhand

Specialization

  • Equipment Finance and Leasing
  • Civil
  • Advertising
  • Animal Laws
  • Aviation
I am a highly educated in different fields and experienced advocate providing online and offline Legal Consultancy/Support/Services to my national and international client on almost all aspects of law. View Full Profile
Total Answers Given : 21
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  • What is Equipment Finance and Leasing?
  • What is an Equipment?
  • What is a Lease?
  • What is Financial Leasing?

Equipment Finance and Leasing speeds up the normal transactions in commercial world and thus boosts the growth in business. Since it affects the business cycle in a big way, and it is used generally by the SMES to establish and build themselves up, so the lawmakers have kept it open for the partied to decide.

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Equipment Finance and Leasing related queries, whether you are the c or payee, and also guide you on how to resolve this matter with ease.

About Equipment Finance and Leasing


Equipment are machinery which are required to convert the raw materials in to finished products so that they fetch a higher market price when sold to the consumers and in order to have the finished product of the desired quality which meets the taste and preferences of the consumers new and emerging techniques are required which are coupled in the form of a machinery and they are very costly. For small businesses mostly the SMEs it is not possible to purchase the same by cash as they have very little working capital and thus in order to overcome this situation there is an option of Equipment finance.

Leasing is the way by which the Right to use of a property is transferred from the owner of the property called the Lessor and to whom the same is transferred is called the Lessee. Only the right to use the property is transferred and not the ownership with limited/restrictive use which is not in the nature of restriction to enjoyment of the property but only for sub – leasing or other use as agreed between the lessor and lessee.

Financial leasing refers to a "distinctive triangular relationship" requiring three discrete parties: (1) a lessor who propels reserves for the buy of the equipment which constitutes the subject of the leasing exchange, (2) a lessee who chooses the equipment and pays a rental charge for the privilege to utilize it, and (3) a supplier who pitches the equipment to the lessor. Financial leasing additionally connects two independent, yet interrelated, and gets: a leasing agreement between the lessor and lessee, and a supply understanding between the supplier and lessor

So, what Vidhikarya can do for you is that it will help you in finding and engaging a right and suitable lawyer for your cause.

We at Vidhikarya endeavour to help you and assist you in finding the right lawyer in your city or otherwise so that you can go ahead and peacefully get your legal matter resolved. You do not have to worry on how to hire a lawyer or find an advocate for your matter. You can simply dump the question of “find an advocate in my city” to Vidhikarya and just relax.

What are the applicable laws to Equipment Finance and Leasing?


Indian Contract Act, 1872
Since, there are no direct laws, and Equipment finance and leasing being contractual relationships are governed by the said act. As per the said act, an agreement which is enforceable in law is a contract.

The General Clauses Act, 1897
The said act applies to documents which means to include any matter written, expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means which is intended to be used, or which may be used, for the purpose or recording that matter.

Some important facts about Equipment Finance and Leasing


The Offences in relation to Equipment Finance and Leasing is rectifiable
The offence is rectifiable by making good the loss sustained by the other party due to the non-fulfilment of promises by one party.

The matter can be resolved without going to Court
In case of any discrepancy or disagreement between the parties the matter can be resolved faster without going to court.

Rights and obligations of the parties
The rights and obligations of the parties are well decided in advance.

Important Events for triggering action under Equipment Finance and Leasing


  • The non-fulfilment of the terms of contract must take place which is the result of the default of at least one of the parties.
  • The contract becomes voidable.

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