According to results from a telephone survey conducted
by the regional collaborative WNC Healthy Impact, cost or lack of
health insurance proved to be the number one deterrent preventing
people from seeking mental health care when needed.
As a result, a team has decided to raise funds for
people in need of mental healthcare services. The team
envisions an entity that would provide both fundraising efforts and
employ qualified therapists at a reasonable cost for
patients.
Research and discuss the optimal business type for
this entity. Is a not-for-profit status a possibility?
What alternatives has the team considered? What
factors must be taken into account to start operations? Discuss
both quantitative and qualitative aspects, including but not
limited to costs, taxes, timing, and legal ramifications. How have
they influenced the teams final conclusion?
A non profit organisations can be registered in India as a Society, under the Registrar of Societies or as a Trust, by making a Trust deed, or as a Section 8 Company, under the Companies Act, 2013.
Whether a trust, society or Section 8 company, the Income Tax Act, 1961 gives all categories equal treatment, in terms of exempting their income and granting 80G certificates, whereby donors to non-profit organisations may claim a rebate against donations made. Foreign contributions to non-profits are governed by FC(R)A regulations and the Home Ministry.
For an organisation to be termed as charity it requires Income tax clearances under 12 A Clause of Income Tax Act. Section 2(15) of the Income Tax Act defines ‘charitable purpose’ to include ‘relief of the poor, education, medical relief and the advancement of any other object of general public utility’. A purpose that relates exclusively to religious teaching or worship is not considered as charitable.
HENCE THERE IS A POSSIBILITY OF NOT FOR PROFIT STATUS.
Application for Registration
1. An application has to be made for availability of name to the registrar of companies, which must be made in the prescribed form no. INC-1, together with a fee of Rs.1000/-. It is advisable to suggest a choice of five other names by which the company will be called, in case the first name which is proposed is not found acceptable by the registrar.
2. Once the availability of name is confirmed, an application should be made in writing to the regional director of the company law board. The application should be accompanied by the following documents:
3. The applicants should also, within a week from the date of making the application to the registrar of the companies, publish a notice in the prescribed manner at least once in a newspaper in a principal language of the district in which the registered office India of the proposed company is to be situated or is situated and circulating in that district, and at least once in an English newspaper circulating in that district.
4. The registrar of companies may, after considering the objections, if any, received within 30 days from the date of publication of the notice in the newspapers, and after consulting any authority, department or ministry, as he may, in his discretion, decide, determine whether the licence should or should not be granted.
5. The registrar of companies may also direct the company to insert in its memorandum, or in its articles, or in both, such conditions of the licence as may be specified by him in this behalf.
Special Licensing
In addition to registration, a non-profit engaged in certain activities might also require special license/permission. Some of these include (but are not limited to):
According to results from a telephone survey conducted by the regional collaborative WNC Healthy Impact, cost...