Non Profit Operating Agreement Template for India

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Key Requirements PROMPT example:

Non Profit Operating Agreement

"I need a Non Profit Operating Agreement for a new education-focused NGO launching in March 2025, with operations planned across three Indian states and potential international funding, including specific provisions for FCRA compliance and multi-state branch management."

Document background
The Non Profit Operating Agreement is essential for organizations establishing or formalizing their non-profit operations in India. This document becomes particularly crucial when founding members or trustees need to establish clear governance structures, operational protocols, and compliance frameworks. It addresses key aspects required under Indian law, including the organization's charitable purposes, board composition, financial controls, and regulatory compliance requirements. The agreement should be drafted in accordance with the Societies Registration Act, relevant state laws, and other applicable regulations. A well-structured Non Profit Operating Agreement helps prevent internal disputes, ensures smooth succession planning, and facilitates regulatory compliance while providing flexibility for organizational growth and development.
Suggested Sections

1. Parties: Identification of the founding members or trustees and their basic information

2. Background: Context of the organization's formation and its charitable/non-profit purposes

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Organization Structure: Legal structure, registration details, and governance framework

5. Purpose and Objectives: Detailed description of the organization's mission, vision, and charitable objectives

6. Board of Directors/Trustees: Composition, appointment, removal, and responsibilities of the board

7. Meetings and Voting: Procedures for conducting meetings, voting requirements, and decision-making processes

8. Financial Management: Policies regarding financial controls, accounting practices, and fund management

9. Membership: Categories of membership, rights, and responsibilities of members

10. Compliance and Reporting: Requirements for statutory compliance, annual returns, and regulatory reporting

11. Amendment Procedures: Process for modifying the operating agreement

12. Dissolution: Procedures for dissolution and distribution of assets as per non-profit regulations

13. Governing Law: Specification of Indian law as governing law and jurisdiction

Optional Sections

1. Foreign Contributions: Include when organization plans to receive foreign funding, detailing FCRA compliance

2. Branch Operations: Include when organization plans to operate multiple branches

3. Conflict Resolution: Detailed dispute resolution procedures, include for larger organizations

4. Intellectual Property: Include when organization deals with research, publications, or creative works

5. Advisory Board: Include when organization plans to have an advisory board separate from trustees

6. Volunteer Management: Include when organization relies significantly on volunteer work

7. Emergency Procedures: Include for organizations providing essential services or disaster relief

8. Investment Policy: Include when organization has significant corpus or endowment funds

Suggested Schedules

1. Schedule A - Initial Board Members: List of initial board members with their details and roles

2. Schedule B - Assets and Infrastructure: Details of initial assets, office locations, and infrastructure

3. Schedule C - Financial Protocols: Detailed financial procedures, approval limits, and banking arrangements

4. Schedule D - Organizational Structure: Detailed organizational chart and reporting relationships

5. Appendix 1 - Board Meeting Procedures: Detailed procedures for conducting board meetings

6. Appendix 2 - Membership Rules: Detailed rules and procedures for membership management

7. Appendix 3 - Compliance Checklist: List of regular compliance requirements and deadlines

8. Appendix 4 - Code of Ethics: Ethical guidelines and conduct expectations for all stakeholders

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Healthcare

Education

Social Services

Environmental Conservation

Animal Welfare

Arts and Culture

Rural Development

Women Empowerment

Child Welfare

Disability Services

Elderly Care

Disaster Relief

Poverty Alleviation

Scientific Research

Religious Organizations

Sports Development

Relevant Teams

Legal

Compliance

Finance

Board Secretariat

Operations

Human Resources

Programs

Fundraising

Administration

Grant Management

Relevant Roles

CEO/Executive Director

Managing Trustee

Board Chairman

Company Secretary

Chief Financial Officer

Compliance Officer

Program Director

Operations Manager

Legal Counsel

Finance Manager

Human Resources Director

Fundraising Manager

Grant Writer

Board Secretary

Volunteer Coordinator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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