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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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Urvi Rathod

(See Reviews)

Experience

: {{lawyerExperience}}

Designation

: President, UR Legal (International Law Firm), Advocates & Legal Consultants

Practicing Court

: Delhi

Location

: Maharashtra, Mumbai City

State Bar Council

: Maharashtra

Reviews & Ratings(View Reviews)

President of UR Legal, an International law firm having their associates in India, Spain, U.K, Far East, Middle East, Australia, Canada etc.

Professional Summary

Our Introduction :

 

UR Legal is an International law firm having their associates in India, Spain, U.K, Far East, Middle East, Australia, Canada etc. Legal consists of Attorneys expertise in different areas of law. Our associates includes Legal Advisor, Counsels, Chartered Accountants (CA) & Company Secretaries (CS).The complicated legal matters & litigation/ arbitration arising out of it, are technically handled by our team of learned Counsels. We help in tackling matters related to Arbitration through our team of Lawyers. 


We have vast experience in dealing clients from the Countries like U.S.A, Belgium, Spain, Switzerland, Poland, Norway, Israel, Norway, Lebanon, Nigeria, Singapore, U.K, Sweden, Japan, Australia, New Zealand, Finland, Ireland, Jamaica, South Africa, Bulgaria, Netherlands, Norway, Mauritius, Canada etc.


Our team is specialized in :

 

Civil law(Litigation), Business law, Company law(Merger & Amalgamation), Rent act, Conveyancing(Including all types of Deeds & Documentation, Stamp duty & registration), Arbitration & Conciliation, Co-operative societies Act, Matrimonial matters, Intellectual property & Trademark ,Surrogacy matters etc. The latest Boom of Redevelopment project is one more addition of our specialisation.

  

Our Services - 

 

I. Legal Services (Documentation, Litigation & Arbitration)

 

- Corporate & Commercial/ Business Law - Corporate Merger and Amalgamation /Amalgamation & Acquisitions, Corporate Debt Restructuring, Project & structured Finance, Capital Markets, Private Equity, Shareholder's Joint venture Disputes, Contractual Disputes, Drafting of Project contracts, All types of Commercial contracts and arrangements, Licensing Contract, Business transfer / Asset transfer Contract, Technology transfer Contract, Entering into various types of Commercial MOU and Agreements, Transfer of Business Contract, Export import Contracts, Project contract etc.;

- Real Estate and Trust - All types of deeds and Documentation including Conveyancing, Cooperative Society's matters, Deemed Conveyance, Redevelopment matters;

-  Dispute Resolution, Arbitration and Reconciliation;

- Intellectual Property Rights and trademark, Banking & Finance, Employment law, Taxation, Technology, Aviation and Shipping, Media & Telecommunications;

- Inbound Immigration and Permanent Residency, Assistance in getting work permit abroad in a countries like UAE, Africa etc. - All types of visas, Family Law (Such as Divorce matters, Custody, Child right, Compensation, Matrimonial matters);

- Competition/Anti-Trust law, All types of Litigation, Projects & Infrastructure, Real Estate matters, Shipping, Commercial Contracts, Energy, Oil & Gas, Environment, Employment and Industrial Relations, Foreign Investment and Exchange Control, IP, International Trade, IT & Outsourcing, Insurance, Joint Ventures, Foreign & Technical Collaborations, Mining & Resources, Regulatory Affairs, Legal Compliance, Bribery & Anti-Corruption, Corporate Insolvency and Restructuring;

- Labour & Employment, White-Collar Crime, Insurance, Healthcare & Pharmaceutical, Medico legal matters (eg. IVF, Surrogacy, Stem Cells);-     

     

II. We handle matters before the courts, quasi-judicial authorities, and tribunals including



Handling of Assignments:

 

Appearing in High Court, City Civil Court and Small Causes Court in various matter, Appearing before Arbitrators in Arbitration matters, Appearing in Family Court’s Matters, Appearing before Debt recovery tribunals, Appeared before Registrar for Stamping & Registration of Documents and Attended matters of various Tribunals.

 

Appearances in Court:

 

a) Types of matters:


Bank suit, summary suit, suit for specific Performance of an agreement, suit for dissolution Of partnership and account, Rent act matters, Writ petition, company petition for winding up,Amalgamation and merger, arbitration petition etc.

 

b) Stages: 

In suit – Direction, interlocutory applications such as notice of motion and chamber summons for Receiver, injunction and other interim and ad-interim reliefs, final hearing, appeal from decree, appeal from order etc.

In Petitions – Acceptance, admission and final hearing, interlocutory application therein for interim and ad-interim reliefs, other misc. applications.

 

Drafting:


Legal Notices, Plaints in different matters, writ petition, arbitration petition, company petition for winding up, civil revision application, appeal, notice of motion, chamber summons, misc. applications, summons for judgment etc.


- Appearing in Hon'ble Supreme Court of India,

- Appearing in High Court Of many states, 

- Appearing in City Civil Court in various states in India

- Appearing in Small Causes Court in various matter in India, 

- Appearing in District Court,

- Appearing in Family Courts,

- Appearing before Consumer protection Forum,

- Appearing before Lok Adalats,

- Appearing before Arbitrators in Arbitration matters,

- Appearing before Debt recovery tribunals, 

- Appearing before Registrar for Stamping & Registration of Documents.

- Appearing before Company Law Board; 

- Appearing before appellate Tribunal Authority for Industrial & Financial Reconstruction;

- Appearing before Consumer Protection Forum Appearing before the Telecom & Electricity Regulatory Authorities and Appellate Authorities; 

- Appearing before Debt recovery tribunal (DRT)

- Environmental Tribunals;

- Appearing before Competition Commission (The Monopolies & Restrictive Trade Practices Commission)

 

III.  Company and Corporate Services -

 

The Global Operation of the firm as related to Company and Corporate Structure is handled by UR Legal's branches and associates having extensive experience in the areas of Corporate Laws and Procedures, Mergers and Amalgamations, SEBI ICDR Regulations, Takeover Regulations, Prohibition of Insider Trading Rules, RBI NBFC Regulations and FEMA. It includes Document drafting, Litigations & representations, Arbitration, Intellectual Property Rights, Banking services.

 

Ø  Setting up of Business in India which includes Incorporation of Private Limited, Public Limited Companies, Wholly owned Subsidiaries in India, Wholly owned Subsidiaries outside India, Incorporation of Foreign Company, Incorporation of Limited Liability Partnership, Incorporation of One Person Company, Setting of business through Branch office/ Liaison Office in India, Joint Venture/ Foreign Collaborations);

Ø  Corporate Secretarial and Management Services which includes holding Company’s Meetings, Ensure compliance of Secretarial Standards, Drafting of Minutes and other requisite documents, Adherence to requisite compliance under Companies Act);

Ø  Onshore & off shore restructuring Services and Corporate Restructuring which includes Amalgamation / merger / takeover / De-merger / Slump Sale, Revival of defunct / sick companies);

Ø  Conversion of Company to LLP and vice a versa, Winding up or Exit of Companies / LLPs, Closure of Business or Winding up;

Ø  Services relating to Due diligence and Secretarial Audit;

Ø  Services relating to Foreign Exchange Management Act;

Ø  Services relating to SEBI and Listing Agreement Compliances.

 

Our areas of practice tackle the tricky issues with assistance of our professional sources all over India to provide the cost effect services to our clients.

    

IV. Accounting and Taxation Services

 

Ø  Accounting

Ø  Audit

Ø  Taxation 

 

Our Team Spirit & Values:

 

We believe in the motto that “Work is worship”. In case of urgency our dedicated Attorneys, Chartered accountants, Company Secretaries works round the clock. Our Reward is satisfaction of our client. Loyalty, Team Spirit, Enthusiasm, Devotion makes us special from the rest. “Action speaks louder than the words”. Ur legal insists on and maintains highest standards of ethics, integrity, confidentiality and conduct amongst its professionals and Clients. Firm enjoys professional relations with a large number of Institutions, MNCs.


Expertise In

Primary Expertise

Secondary Expertise

Expertise In

Civil

Experience 22 years

Number of Cases 400

Our team is specialized in : Civil law(Litigation), Business law, Company law(Merger & Amalgamation), Rent act, Conveyancing(Including all types of Deeds & Documentation, Stamp duty & registration), Arbitration & Conciliation, Co-operative societies Act, Matrimonial matters, Intellectual property & Trademark ,Surrogacy matters etc. The latest Boom of Redevelopment project is one more addition of our specialisation.


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