BrightFuture Foundation wants to apply for section 8 company license while engaging in commercial activities, such as offering paid online courses, to fund its charitable activities. How would these commercial activities
CS Executive · Setting Up of Business, Industrial and Labour Laws · PYQS · December 2024
BrightFuture Foundation wants to apply for section 8 company license while engaging in commercial activities, such as offering paid online courses, to fund its charitable activities. How would these commercial activities align with the eligibility criteria for a section 8 company, which focuses on promoting charitable objectives over profit-making ventures?
Answer & Explanation:
As per Section 8 of the Companies Act, 2013, Section 8 Company is a company that is established for promoting commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object, provided the profits, if any, or other income is applied for promoting only the objects of the company and no dividend is paid to its members. Section 8 of the Companies Act, 2013 provides that: (1) Where it is proved to the satisfaction of the Central Government that a person or an association of persons proposed to be registered under this Act as a limited company- has in its objects the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object; intends to apply its profits, if any, or other income in promoting its objects; and intends to prohibit the payment of any dividend to its members, the Central Government may, by licence issued in such manner as may be prescribed, and on such conditions as it deems fit, allow that person or association of persons to be registered as a limited company under this section without the addition to its name of the word "Limited", or as the case may be, the words "Private Limited", and thereupon the Registrar shall, on application, in the prescribed form, register such person or association of persons as a company under this section. BrightFuture Foundation can qualify as a Section 8 company while offering paid online courses, as long as all profits are applied promoting its charitable objectives and not distributed as dividends to members. The foundation should clearly outline this in its application to the Registrar of Companies to demonstrate that its commercial activities support, rather than conflict with, its non-profit mission. This compliance ensures the foundation maintains its Section 8 status and can effectively fund its charitable initiatives.
Topics: Companies Act, 2013
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