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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 Financial Markets and Services Lawyers in India

Prabhakara S K Shetty

Prabhakara S K Shetty

Advocate
Exp
Bangalore , Karnataka

Specialization

  • Financial Markets and Services
  • Family
I started practice in Bangalore in year 2000. Handled over 400 cases out of which about 80 cases in High Court of Karnataka writs, civil and criminal petitions, appeals, Public Interest Litigations, KAT and CAR , Lokayukta cases , property , matrimonial matters etc., View Full Profile
Total Answers Given : 620
Fareed  Ahmed

Fareed Ahmed

Verum Legal Associates - Partn
Exp
Mumbai City , Maharashtra

Specialization

  • Financial Markets and Services
  • Civil
  • Debt And Lending Agreement
  • International Laws
  • Mergers And Acquisition
Total Answers Given : 3
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Financial Markets and Services
  • 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
PARDEEP KUMAR DHINGRA

PARDEEP KUMAR DHINGRA

PARTNER WITH LAW FIRM
Exp
South Delhi , Delhi

Specialization

  • Financial Markets and Services
  • Arbitration and Mediation
  • Bankruptcy and Debt
  • Contracts and Agreements
  • Trust And Society (NGO)
16 years of Experience in fields of International & Domestic Arbitrations, Corporate & Commercial Litigation, Acquisition, Merger/Demerger, Regular Litigation in Property, Real Estate, Trade Mark, Copy Right, Recovery, Civil disputes, Contracts, Writ, LPA, SLP, FDI, ODI, NCLT (IBC, Insolvency)etc. View Full Profile
Total Answers Given : 2
Vinay  Pratap Singh

Vinay Pratap Singh

ADVOCATE
Exp
Bhopal , Madhya Pradesh

Specialization

  • Financial Markets and Services
  • Civil
  • Advertising
  • Animal Laws
  • Aviation
Arnab  Banerjee

Arnab Banerjee

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Financial Markets and Services
  • 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
Mandavi  Tripathi

Mandavi Tripathi

Advocate
Exp
East Delhi , Delhi

Specialization

  • Financial Markets and Services
  • Criminal
  • Arbitration and Mediation
  • Banking
  • Adoption
Tripathi law Firm dealing in all type of criminal/civil matter/Service matters & lawyers for high court & supreme court matters.Lawyer for district court.Arbitration & Mediation. View Full Profile
niranjan  C

niranjan C

LAWYER
Exp
Bangalore , Karnataka

Specialization

  • Financial Markets and Services
  • Banking
  • Cheque Bounce
  • Civil
  • Criminal
Total Answers Given : 58
Prodyut  Banerjee

Prodyut Banerjee

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Financial Markets and Services
  • Corporate and Incorporation
  • Commercial
  • Bankruptcy and Debt
  • Arbitration and Mediation
I am a Corporate Lawyer and Company Secretary having an experience of about sixteen years. Practicing at Calcutta High Court, NCLT and other Courts. I am dealing with all Commercial, Business and Corporate Legal matters. I am also dealing with Criminal matters involving White Collar Crime View Full Profile
Total Answers Given : 10
Amrita  Pinto/ Saldanha

Amrita Pinto/ Saldanha

Advocate
Exp
Mumbai , Maharashtra

Specialization

  • Financial Markets and Services
  • Bankruptcy and Debt
  • Arbitration and Mediation
  • Debt And Lending Agreement
  • Debt Collection
A civil lawyer with 15 years of experience. View Full Profile
Total Answers Given : 1
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  • What is Financial Market?
  • What is Financial Service?
  • Who are the primary regulators of the financial sector in India?
  • What is the aim of regulating the financial sector globally?

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Financial Market and Service Laws related queries, and also guide you on how to resolve this matter with ease.

About the Financial Market and Service Laws


As per Black’s Law Dictionary, Financial Markets refer to the market for stock, bonds, bills of exchange, commodities, futures, and options. They are exchanges for capital or credit. Refer to capital market and money market.

As per Black’s Law Dictionary, Financial Services refer to the skills and offers that are offered by a bank or financial institution. It can be a savings account, checking account, confirming, leasing, or money transfer.

Indian Capital Markets are managed and checked by the Ministry of Finance, The Securities and Exchange Board of India and The Reserve Bank of India.

The Ministry of Finance manages through the Department of Economic Affairs - Capital Markets Division. The division is in charge of detailing the arrangements identified with the systematic development and improvement of the securities markets (i.e. offer, obligation and subordinates) and in addition ensuring the enthusiasm of the financial specialists. Its primary aim is reformation in the securities market on an institutional level, the building of a regulatory framework, bolstering investor protection mechanism, provision for the efficient legal framework for securities markets.

Regulators of Financial Market and Service Laws


The primary regulators of the financial sector in India are:

  • The Securities and Exchange Board of India (SEBI) which sets up regulatory policy, carries out implementation as well as has the power of enforcement of the regulatory rules. Complaints regarding decisions of SEBI are adjudicated by the Securities Appellate Tribunal
  • Reserve Bank of India which looks into the aspect of implementation of monetary and credit policies. RBI is the banker to the government. RBI has several policies which affect the financial sector. These policies also influence the rates of inflation.
  • National Stock Exchange (NSE) – it provides specific regulations for the domain of securities market.

Need of regulating the financial sector


The goal of regulating financial sector is to protect the de facto principles of regulation which include things like protection of stability in pricing, safeguarding of the small investors, prevention of market misconduct, and so on.

Regulation of financial sector universally is comprehensively guided by two aims: prudential regulation and direct of business regulation, including consumer protection. The four key institutional frameworks for regulation of the financial sector globally – Institutional Approach (element based regulation), Functional Approach (movement based regulation), Integrated Approach (all-inclusive controller model) and Twin Peaks Approach (division of prudential regulation and lead of business regulation) – all endeavour to address the above destinations through various formal structures. Post-crisis, another measurement of 'systemic stability' is being tried to be included as another goal of financial sector regulation yet the correct shapes in such manner are still in progress.

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