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What Are The Advantages And Disadvantages Of Setting Up An Organization

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Abstract Under Indian law, there are three legal forms which exist for Non-Profit organizations: 1. Trusts 2. Societies 3. Section 8 companies Section 8 companies have the most reliable strongest organizational structure because of the privileges and exemptions which are granted to them by the Central Government. Section 8 companies are those companies which are formed for the sole purpose of promoting commerce, art, science, religion, charity or any other useful object and have been granted a licence by the central government recognizing them as such. This paper seeks to analyze the reasons for setting up a company under Sec.8 and examines the statutory advantages and disadvantages of such companies through judicial and statutory interpretations. The researcher has also analyzed the feasibility and efficiency of companies which have been established under this Section. Companies established under Sec.8 of the Companies Act of 2013 require the prior sanction of the Central Government. This section corresponds to Sec.25 of the Companies Act of 1956. The Central government, under a licence has the discretion to allow a company to drop the words ‘Limited’ from its name. Therefore the companies established under Sec. 8 of the Companies act of 2013 need not have the …show more content…

Since this section confers the privilege to a company to not have ‘Ltd’ or ‘Pvt Ltd’ after its name, the licence is granted only after the approval given by the Registrar of Companies who is a government functionary. The licence, therefore is given according to the discretion of the Central Government ‘subject to such regulations’ as the government thinks fit. In the case of ADRBM Mandal v. Joint Charity Commissioner , the government was of the view that the UP Chambers of Commerce must be given the privilege of establishing a company under Sec. 8 and hence the licence was granted by the government in this

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