Non-Profit Organisations

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    Indian Law Company is your trusted partner in providing comprehensive legal support for Non-Profit Organizations (NPOs). Our dedicated team of legal professionals understands the unique challenges and objectives of non-profit entities and is committed to helping them navigate the legal landscape efficiently and Additional Support for NPOs

    Grant Compliance and Funding: Guiding non-profits in understanding and complying with grant requirements, ensuring proper utilization of funds, and maintaining transparency.

    Charitable Solicitations: Assisting in compliance with state and federal laws related to charitable solicitations, fundraising campaigns, and donor disclosures.

    Board Governance Training: Offering training sessions for board members on their legal responsibilities, fiduciary duties, and best practices in governance.

    Conflict Resolution: Providing legal support in resolving internal conflicts, disputes, and ensuring adherence to conflict-of-interest policies.

    Advocacy and Lobbying: Guidance on permissible advocacy and lobbying activities, ensuring compliance with legal restrictions and maintaining the non-profit’s tax-exempt status.

    Legal Audits and Due Diligence: Conducting legal audits to assess compliance and due diligence reviews for potential partnerships, mergers, or collaborations.

    Our Services

    • Specialized Knowledge: Our team possesses specialized knowledge in non-profit law, ensuring tailored legal solutions.

    • Proactive Compliance: We help NPOs stay ahead of compliance requirements, minimizing legal risks and ensuring smooth operations.

    • Mission-Aligned Solutions: Recognizing the unique missions of non-profit organizations, we provide legal solutions aligned with their goals.

    • Cost-Effective Counsel: Offering cost-effective legal counsel to support the financial sustainability of non-profit entities.

    Key Highlights

    Formation and Registration: Assisting in the establishment and registration of non-profit organizations, ensuring compliance with applicable laws and regulations.

    Governance and Compliance: Providing guidance on governance structures, compliance requirements, and best practices to uphold transparency and accountability.

    Tax-Exempt Status: Assisting NPOs in obtaining and maintaining tax-exempt status, ensuring compliance with relevant tax regulations.

    Drafting Bylaws and Policies: Developing clear and comprehensive bylaws and policies tailored to the specific needs and goals of the non-profit organization.

    Fundraising Compliance: Ensuring adherence to legal requirements related to fundraising activities, donor relations, and compliance with fundraising regulations.

    Contracts and Agreements: Drafting and reviewing contracts, agreements, and MOUs to safeguard the interests of the non-profit organization in various transactions.

    Intellectual Property Protection: Providing legal counsel on protecting the intellectual property assets of non-profit organizations, including trademarks, copyrights, and patents.

    Related capabilities

    FAQS

    India has numerous regulatory bodies overseeing various areas, including RBI, SEBI, IRDAI, NABARD, TRAI, FSSAI, CBFC, PFRDA, BIS, IBBI, and EPFO. These bodies regulate a wide range of actions and projects.

    A private limited company must promptly comply with essentials like registered office address, first board meeting, issuance of shares, certificate to commence business, PAN/TAN, and other local/state registrations within the first 30-90 days after incorporation.

    Corporate law in India encompasses Mergers and Acquisitions (M&A), corporate governance, and commercial transactions. Key laws include Companies Act, 2013, Competition Act, 2002, SEBI regulations, Depositories Act, 1996, and SEBI (Listing Obligations and Disclosure Requirement) Regulation, 2018.

    Leagal Updates

    Private Equity in Infrastructure: Striking the Balance between Risk and Reward

    Introduction India’s growth relies heavily on resilient infrastructure, encompassing transportation networks to energy grids. However, funding deficits pose a threat to this sector’s continuous advancement. Private Equity (PE) emerges as a potential solution to bridge these gaps, offering stable returns and diversification benefits. Despite success, challenges like regulatory complexities persist and need addressing. Current Landscape of Private Equity in Indian Infrastructure The infrastructure sector plays a pivotal role in India’s economy. With historical emphasis on transportation, electricity, water, and irrigation, recent diversification includes renewable energy projects. Government initiatives like the Gati Shakti master plan and the National Infrastructure Pipeline enhance investment potential. Since 2018, the sector has attracted $83 billion in PE/VC investments, with 56% directed to infrastructure. Momentum for PE Investments in Indian Infrastructure Several factors drive momentum in PE investments in Indian infrastructure: Key Examples Regulatory Framework PE funds in India must register as Alternative Investment Funds (AIFs) with the Securities and Exchange Board of India (SEBI) under AIF Regulations. Categories include I (VC, early-stage, social ventures, infrastructure), II (majority of PE funds), and III (diverse trading strategies). Compliance involves minimum corpus, investor restrictions, and adherence to the Foreign Exchange Management Act. Key Considerations for Investors Opportunities and Challenges Opportunities: Challenges: Recommendations Conclusion The collaboration between PE and infrastructure in India holds immense potential for economic growth. Despite challenges, a streamlined regulatory environment, diverse exit strategies, and efficient operations can strengthen this partnership. Achieving a balance between long-term commitments and investor liquidity is crucial for sustained success.
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    Embracing Dignity: Unveiling India’s Progressive Path in Euthanasia Legislation

    Introduction In recent years, India has witnessed a significant evolution in its approach to euthanasia, reflecting a nation’s progressive stance on matters of life and dignity. This article delves into the nuanced landscape of India’s journey in euthanasia law, highlighting pivotal developments and legislative milestones. Understanding the Legal Landscape Historical Context To comprehend India’s current stance on euthanasia, it is imperative to delve into the historical backdrop. The roots of euthanasia debates in India can be traced back to the Indian law company. This context lays the foundation for appreciating the significance of the contemporary legal framework. Legislative Milestones The Landmark Judgment A pivotal moment in India’s euthanasia discourse was the Delhi crime judgment, which set the tone for subsequent legislative changes. The court’s deliberations and the resultant legal implications provide a crucial insight into the evolving narrative surrounding euthanasia. Legislative Amendments In response to societal shifts and evolving ethical considerations, India has undergone notable legislative amendments concerning euthanasia. which have played a pivotal role in shaping the current legal landscape. Comparative Analysis: Global Perspectives To provide a comprehensive view, it’s essential to compare India’s euthanasia laws with those of other nations. This comparative analysis offers valuable insights into the global spectrum of legal approaches, underscoring India’s unique position in fostering a balance between compassion and regulation. Noteworthy International Models Highlighting successful international models, such as those in India, showcases the diversity of approaches to euthanasia. Understanding these models aids in contextualizing India’s legal framework within the broader global discourse. Public Perception and Ethical Considerations Public Discourse Public opinion has played a crucial role in shaping India’s euthanasia legislation. Analyzing the evolving perceptions and societal attitudes towards the right to die with dignity provides a nuanced understanding of the intricate dynamics at play. Ethical Dimensions Delving into the ethical considerations surrounding euthanasia, this section explores the philosophical underpinnings that have guided India’s legislative decisions. Addressing concerns and philosophical debates fosters a comprehensive understanding of the ethical fabric woven into the legal framework. Future Prospects and Challenges Anticipated Developments Looking forward, India’s trajectory in euthanasia law is poised for further evolution. Real State shedding light on the potential legislative changes that may shape the nation’s approach in the coming years. Existing Challenges While celebrating progress, it is crucial to acknowledge and address the challenges that persist in implementing euthanasia laws in India. Litigation, offering insights into potential areas of improvement and reform. Conclusion India’s journey in euthanasia law is a testament to the nation’s commitment to embracing dignity in life’s final moments. As legislative frameworks adapt to societal needs and ethical considerations, India stands at the forefront of fostering a compassionate and legally sound approach to euthanasia. Contact Top Law firm of Delhi-ncr-noida-Gurgaon
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    Interim Union Budget 2024: A Comprehensive Analysis of Fiscal Policies and Economic Impacts

    Introduction: The recently unveiled Interim Union Budget 2024 provides a crucial insight into India’s fiscal trajectory until the comprehensive budget release in July 2024. This interim budget not only addresses transitional financial needs but also introduces revisions in tax rates, marking it as a significant fiscal event. This article delves into the key highlights and potential ramifications on economic growth, offering an in-depth understanding of the outlined fiscal policies. Social Sector Spending: The interim budget allocates substantial funds, approximately INR 4.3 lakh crore, to ten major schemes, emphasizing inclusive development and social welfare. Notable schemes include MGNREGA, National Health Mission, and Pradhan Mantri Awas Yojana, showcasing the government’s commitment to holistic development. Fiscal Consolidation: Prioritizing fiscal consolidation, the budget aims to reduce the fiscal deficit to GDP ratio by 70 basis points to 5.1% in FY25. This strategic move is expected to lower interest rates, encourage private investment, and maintain a balance between fiscal prudence and growth. Growth Outlook: The interim budget projects a promising nominal GDP growth of 10.5%, coupled with a real growth rate of 7%. With an optimistic outlook, the stage is set for robust economic performance in the coming fiscal year. Tax Revenues: Aiming for an 11.5% growth rate in Gross Tax Revenue (GTR) for FY25, the government focuses on buoyancy in direct taxes to boost revenue sources. Additional revenues may be directed towards enhancing capital expenditure growth, reflecting a pragmatic fiscal strategy. Expenditure Priorities: The budget emphasizes restrained growth in revenue expenditure (3.2% in FY25) while targeting fiscal discipline. Capital expenditure growth, though moderated to 16.9% in FY25, is complemented by interest-free loans to states for their capital expenditure, striking a balance between infrastructure development and fiscal prudence. Key Policy Highlights: Research and Innovation: A notable allocation of INR 100,000 crore as a 50-year interest-free loan aims to foster private sector research and innovation in sunrise domains, contributing to long-term financing options. Green Energy: Ambitious targets for Net Zero by 2070 are coupled with viability gap funding for offshore wind energy and initiatives promoting compressed biogas (CBG) blending in natural gas for transport and domestic purposes. Electric Vehicles (EVs): The budget focuses on expanding and fortifying the e-vehicle ecosystem, supporting manufacturing and charging infrastructure. A push for greater adoption of e-buses in public transport networks is facilitated through a payment security mechanism. Railways: Three major economic railway corridor programs under PM Gati Shakti are announced, aiming to enhance logistics efficiency and reduce costs in energy, mineral, and cement corridors, port connectivity corridors, and high-traffic density corridors. Attracting Foreign Investment: With a focus on sustaining foreign investment, the budget outlines negotiations for bilateral investment treaties and introduces the India-Middle East-Europe Economic Corridor as a potential game-changer. Visit Bharat Reforms in States: A provision of INR 75,000 crore as a 50-year interest-free loan is designated to support state governments in implementing Viksit Bharat reforms. Bio-manufacturing and Regenerative Practices: A new scheme promoting bio-manufacturing and bio-foundry is introduced, encouraging eco-friendly alternatives such as biodegradable polymers, bio-plastics, biopharmaceuticals, and bio-agri-inputs. Agriculture and Food Processing: Focused on private and public investment in post-harvest activities, the budget aims to bolster aggregation, modern storage, efficient supply chains, primary and secondary processing, and marketing and branding. Corporate Tax: The interim budget extends the sunset date for claiming exemption in specified incomes to 31 March 2025. Highlights include tax holidays for start-ups, withdrawal of tax demands, and amendments to tax collection at source (TCS) rates. Indirect Tax: Changes in the Input Service Distributor mechanism and proposed penalties for non-registration of machines in the tobacco industry are introduced to streamline indirect tax processes. Real Estate and Housing: In alignment with ‘Housing for All,’ a housing scheme for the middle-income class and plans for 2 crore houses under Pradhan Mantri Awas Yojana (Grameen) in the next five years are introduced. Startup Sector: Relief for the startup sector includes an extension of the time limit for incorporation of eligible startups and an extended investment window for sovereign wealth funds and other entities. Energy Sector: Prioritizing e-vehicle ecosystem strength, rooftop solarization initiatives and viability gap funding for offshore wind energy are allocated. Efforts to reduce coal import dependence are also outlined. Technology and Innovation: Increased funds for the Domestic Industry Incentivisation Scheme and a surge in budget allocation for Bharat Sanchar Nigam Limited (BSNL) aim to foster domestic industry growth within the telecom sector. Significant allocations for semiconductor and display manufacturing ecosystems, production-linked incentives for electronics manufacturing, and an INR 1 lakh crore corpus for innovation in sunrise domains are highlighted. Telecom Industry: Conclusion: While serving as a transitional financial plan, the Interim Union Budget 2024 lays the groundwork for economic resilience, innovation, and sustainable development. With a focus on fiscal consolidation, growth-oriented policies, and strategic investments, the budget aims to propel India towards a brighter economic future. The outlined policies provide a roadmap for a holistic and inclusive approach to economic governance during this transition period.
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    Ministry of Corporate Affairs (MCA) – Companies Listing of Equity Shares Rules

    The Ministry of Corporate Affairs (MCA), through notification no. G.S.R. 61(E) on 24-01-2024 introduced the Companies (Listing of equity shares in permissible jurisdictions) Rules, 2024. These regulations apply to unlisted public companies and listed public companies issuing securities for listing on approved stock exchanges in permissible jurisdictions, including the IFSC (International Financial Services Centre), such as the India International Exchange and NSE International Exchange. Certain entities, like Nidhi Companies and companies limited by guarantee, are outlined as ineligible under these rules. Ministry of Corporate Affairs – Uniform Norms for Pre-Legislative Consultations Commencing January 1, the Ministry of Corporate Affairs, along with bodies like the Competition Commission of India, has adopted a new rule. Before enacting laws or rules, they will release a draft for public feedback for 30 days. This move aims to enhance transparency and public involvement in decision-making. Finance Minister Nirmala Sitharaman supports this initiative, believing it will simplify financial regulations and engage the public in the decision-making process, ultimately streamlining complex rules. Byju’s Foreign Lenders File Insolvency Plea Introduction: Two insolvency petitions, totaling $1.2 billion, have been filed against ed-tech start-up Byju’s at the National Company Law Tribunal (NCLT) in Bengaluru. The first, by international lenders, is under scrutiny, while the second, filed by Teleperformance Business Services India Limited, an operational creditor, is scheduled for a hearing on January 25, 2024. Byju’s faces additional NCLT proceedings initiated by the Board of Control for Cricket in India (BCCI) for an alleged default on a payment of Rs 158 crore related to a sponsorship contract for the Indian cricket team’s jerseys. Reserve Bank of India (RBI) – Proposed Easing of Norms for Dividend Payout by Banks The RBI is contemplating changes to dividend rules for Indian banks. The proposed guidelines may permit banks with a net non-performing assets (NPAs) ratio below 6% to declare dividends, down from the current 7%. These changes, effective from FY25, align with Basel III standards. The minimum total capital adequacy for eligibility varies for commercial banks, small finance and payment banks, and local area and regional rural banks. The upper limit for the dividend payout ratio may increase from 40% to 50% under certain conditions, fostering a more defined regulatory framework.
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    Empowering Real Estate Resolution: IBC Amendments and Homebuyer Advocacy

    Introduction: India’s real estate sector, a key player in the nation’s economic fabric, has undergone transformative changes since the advent of the Insolvency and Bankruptcy Code (IBC) in 2016. This legal framework has significantly impacted real estate insolvency, providing a structured and transparent mechanism for resolution. Particularly crucial is the January 2023 amendment, streamlining the Corporate Insolvency Resolution Process and addressing challenges faced by both developers and homebuyers. This amendment is a linchpin in fostering a balanced and resilient real estate ecosystem in India. Benefits of the Real Estate IBC Resolution Process: The January 2023 amendment introduced a fast-track resolution process, utilizing technology and digital platforms, enhancing the Corporate Insolvency Resolution Process for corporate debtors, especially real estate companies. Notably, it alleviates hardships for homebuyers, segregating conflicted projects and ensuring uninterrupted progress in other ventures. This amendment, through project-specific solutions, facilitates effective dispute resolution, offering tailored outcomes for all parties involved. Developments: In January 2023, the Ministry of Corporate Affairs invited public comments on proposed IBC amendments, including the codification of reverse Corporate Insolvency Resolution Process and project-wise resolution. This foresighted initiative recognizes the real estate sector’s complexities and aims for an all-encompassing framework, involving qualified professionals for efficient resolution. On January 18, 2023, the Central Government and IBBI unveiled a discussion paper proposing a project-specific Corporate Insolvency Resolution Process for real estate companies. This aims to expedite resolution, with an interim resolution professional assessing financial positions, formulating plans, and engaging creditors. Homebuyers’ reclassification as financial creditors is a significant shift, granting them a more influential role in the resolution process, aligning with broader IBC objectives. Conclusion: The IBC amendments signify a paradigm shift, empowering homebuyers as financial creditors and ensuring their active participation in the resolution process. This alteration not only rectifies historical imbalances but also fosters an inclusive and equitable framework, enhancing the efficiency and fairness of insolvency proceedings. As India navigates the intricacies of real estate resolution, the IBC stands as a beacon for balanced, transparent, and effective solutions benefiting all stakeholders.
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    Latest Developments in India’s FDI Landscape

    In the fiscal year 2021, India witnessed a noteworthy surge in Foreign Direct Investment (FDI), receiving a substantial inflow of US$81.72 billion, marking a remarkable 10% increase from the preceding fiscal year. Notably, from FY2016 to FY2020, the compound annual growth rate for FDI in India witnessed a robust ascent at 6%. Key Highlights and Trends: Navigating the Positive Waves Amidst COVID-19: Amidst the challenging waves of the COVID-19 pandemic, India displayed resilience and optimism in terms of FDI. The nation witnessed a decline in the number of cases and a commendable surge in the vaccination drive. Moreover, India’s economic resilience was evident in successful efforts to combat downturns, including a flourishing agricultural sector and robust GST collections in March and April. Importance of Trust Structures in FDI: Considering that a significant number of businesses in India are family-owned, trust structures have gained prominence for succession and wealth planning. However, it’s crucial to note that, as per FEMA and NDI standards, trusts fall outside the definition of a person. Compliance with NDI guidelines is essential, especially concerning foreign investments declared under the Companies Act, 2013. Cabinet’s Move Towards 100% FDI in the Oil Sector: A notable development comes in the form of a cabinet note allowing 100% FDI in Oil and Gas PSUs through an automatic mechanism. This move could pave the way for the privatization of BPCL, India’s second-largest oil refiner, with the government planning to sell a 52.98% ownership stake. Defense Minister’s Call for Increased Manufacturing: In a bid to boost manufacturing production, Defense Minister Rajnath Singh urged Swedish Defense Majors to enhance production in India. This aligns with the ‘Make in India’ initiative and the broader vision of Atmanirbhar Bharat. India’s Growing Significance in FDI: Ravi Shankar Prasad, citing the growth in the NDA government, emphasizes India’s emergence as a major FDI destination. Figures indicate a substantial 60% growth in FDI in April, propelling India to become the fifth-largest recipient of FDI globally. India Extends Line of Credit to Sri Lanka for Solar Projects: In a regional development, India increased its Line of Credit by $100 million to Sri Lanka, facilitating funding for solar energy projects. This financial support aligns with collaborative efforts in the International Solar Alliance. Efficient Management of India’s External Sector: India’s adept management of its external sector between the balance of payments crisis in 1990-91 and the recent COVID-19 pandemic serves as a valuable case study. The strategy involves minimizing short-term debt-creating flows and keeping current account deficits to a minimum, emphasizing stability in capital inflows. In summary, India’s FDI landscape showcases resilience, growth, and strategic initiatives, positioning the nation as an increasingly attractive destination for foreign investments.
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