Source: RTP,Jan20265 Marks
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Question Scenario

Can a non-profit organization be registered as a company under the Companies Act, 2013? If so, what procedure does it have to adopt?

Estimated Writing Time: 9 mins Try in Practice Mode

Suggested Answer

Yes, a non-profit organization be registered as a company under the Companies Act, 2013 by following the provisions of section 8 of the Companies Act, 2013. Section 8 of the Companies Act, 2013 deals with the formation of companies which are formed to promote the charitable objects of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment etc.\nSuch company intends to apply its profit in promoting its objects and prohibiting the payment of any dividend to its members. \nThe Central Government has the power to issue license for registering a section 8 company\ni) Section 8 allows the Central Government to register such person or association of persons as a company with limited liability without the addition of words ‘Limited’ or ‘Private limited’ to its name, by issuing licence on such conditions as it deems fit. \nii) The registrar shall on application register such person or association of persons as a company under this section. \niii) On registration the company shall enjoy same privileges and obligations as of a limited company.

Exam Strategy Tip

When answering law questions in the CA Foundation exam, follow the "Provision -> Facts -> Conclusion" structure for maximum marks. Ensure to state the relevant sections where applicable to earn bonus marks from the evaluator.

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