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Non Profit Organization(NPO-NGO-Social Entity)-CSR-Impact Bond

 In India, an NPO (Nonprofit Organization) is a legal entity that operates for a charitable or social cause, rather than to earn profits for its owners. NPOs in India can be registered under three primary legal structures: a trust, a society, or a Section 8 company. 

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Legal structures for NPOs in India

Section 8 company

  • Governed by: The Companies Act, 2013.Ministry of Corporate Affairs, Government of India.
  • Formation: Incorporated with the Registrar of Companies (RoC). It has more stringent compliance regulations but is also seen as more credible by stakeholders.
  • Purpose: Promotes activities in areas like commerce, art, science, sports, education, and social welfare.
  • Profit utilization: Any profit must be used for the company's objectives and cannot be paid as dividends to its members. 

Trust

  • Governed by: The Indian Trusts Act, 1882. Some states also have their own Public Trusts Acts.
  • Formation: Created when a "trustor" transfers property to a "trustee" for the benefit of a "beneficiary".
  • Purpose: Primarily for charitable, religious, and educational purposes. A public trust benefits the general public, while a private trust is for a specific group of individuals.
  • Oversight: A registered trust is overseen by the Charity Commissioner in the state where it was established. 

Society

  • Governed by: The Societies Registration Act, 1860, which has been adopted by most states.
  • Formation: Requires a minimum of seven members to form and is registered with the state's Registrar of Societies.
  • Purpose: Formed to promote literature, science, arts, charitable activities, and other similar purposes.
  • Governance: Run by a governing council or managing committee elected by its members. 

Key regulations and tax exemptions

  • Income Tax Act, 1961: NPOs in India can register under sections of this act to receive significant tax benefits.
    • Section 12A/12B: Provides an exemption from paying income tax on the organization's income.
    • Section 80G: Allows donors to claim a tax deduction (50% or 100%, depending on the cause) on the amount they donate. This makes an organization more attractive for attracting funds.
  • Foreign Contribution (Regulation) Act (FCRA): Any NPO planning to receive foreign funding must register under the FCRA with the Ministry of Home Affairs and comply with its strict reporting and usage rules.
  • Goods and Services Tax (GST): Many charitable activities are exempt from GST. NPOs must maintain separate books of accounts for any commercial activities that are not incidental to their charitable purpose to retain their tax-exempt status.

Indian market of NPO

The nonprofit sector in India is one of the largest in the world, estimated to consist of over 3.7 million registered organizations. These organizations are known by various names, including Non-Governmental Organizations (NGOs), Voluntary Organizations (VOs), and Civil Society Organizations (CSOs). 

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Impact Bond-Fundraising and Social Stock Exchange

Impact bonds, also known as Social Impact Bonds (SIBs) or Development Impact Bonds (DIBs), are a type of innovative financing instrument in India that leverage private sector capital and expertise to fund social programs.

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Key characteristics

  • Pay-for-Success Model: Investors provide upfront capital for social programs and are repaid by outcome funders (governments or philanthropic organizations) only if specific, measurable outcomes are achieved.
  • Focus on Results: They shift the focus from traditional measures like training completion to concrete results, such as job placement and retention, or improved educational attainment.
  • Stakeholders: Impact bonds involve three main players:
    • Investors: Provide the upfront capital, taking on the financial risk.
    • Outcome Funders: Public sector bodies or philanthropic organizations that commit to repaying investors based on successful outcomes.
    • Service Providers: Organizations that implement the social programs.

Benefits

  • Cost-Effective Public Spending: Governments only pay for programs that deliver measurable results, leading to more efficient public spending.
  • Financial and Social Returns for Investors: Offers investors a dual return, combining financial gains with positive social impact.
  • Stable Funding for Service Providers: Provides upfront and stable funding, enabling organizations to focus on service delivery rather than fundraising.
  • Improved Services for Beneficiaries: Leads to higher-quality services and better results due to the outcome-focused nature. 

Outcomes-Based Financing:

Private Sector Involvement:

Private Sector Involvement:

 Funding is tied to achieving specific, measurable outcomes, rather than just providing funding for activities or inputs. 

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Private Sector Involvement:

Private Sector Involvement:

Private Sector Involvement:

 Impact bonds leverage private sector capital and expertise to address social challenges.  

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Incentive Alignment:

Private Sector Involvement:

Incentive Alignment:

 The model aligns the incentives of all parties involved (investors, service providers, and funders) towards achieving desired outcomes.  

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Risk Sharing:

Private Sector Involvement:

Incentive Alignment:

  Investors provide upfront capital is repaid only if the program achieves pre-defined outcomes, thus sharing the risk between the public and private sectors.  

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How Impact Bonds Work:

Real Development of NGO & Not Profit: NON GOVT. Organization

  • Risk Investors: Private investors provide initial capital for the program. 
  • Service Providers: Social service providers (often non-profits or social enterprises) deliver the program and interventions. 
  • Outcome Funders: Government agencies, philanthropic organizations, or other entities commit to repaying the risk investors if the program achieves the agreed-upon outcomes. 
  • Independent Verification: Third-party evaluators independently verify the achievement of outcomes. 
  • Repayment: Outcome funders repay the risk investors based on the verified outcomes achieved, often with a return on investment. 


Impact Bond can help governments tackle complex societal needs of development of while also allowing investors to make a difference in society. They can also help create space for innovation with increased transparency. An investor provides funding to creator for a social intervention, and the investor receives a return based on the outcome of the intervention.

Our Expertise

Our team has deep expertise in a variety of areas, including process improvement, compliance,  management, financial management, and more. We bring a wealth of experience and knowledge to every project we work on, and we're committed to delivering measurable results.

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Social Stock Exchange in India

 The Social Stock Exchange (SSE) in India is a platform regulated by the Securities and Exchange Board of India (SEBI) that enables social enterprises to raise capital for projects with social welfare objectives. It operates as a separate segment within existing stock exchanges like the National Stock Exchange (NSE) and the Bombay Stock Exchange (BSE). The SSE acts as a bridge, connecting social organizations with investors and donors who are interested in social impact investing.  

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Key Features of Social Stock Exchange-(SSE)

The Social Stock Exchange (SSE) in India is a platform regulated by the Securities and Exchange Board of India (SEBI) that enables social enterprises to raise capital for projects with social welfare objectives. It operates as a separate segment within existing stock exchanges like the National Stock Exchange (NSE) and the Bombay Stock Exchange (BSE). The SSE acts as a bridge, connecting social organizations with investors and donors who are interested in social impact investing. 

Key objectives

  • To provide a transparent mechanism for social enterprises, both for-profit and not-for-profit, to raise funds.
  • To facilitate the funding and growth of social enterprises.
  • To establish robust standards for social impact measurement and financial reporting within the social sector. 

Funding mechanisms

Not-for-profit organizations can raise funds through instruments like Zero Coupon Zero Principal (ZCZP) bonds, while for-profit social enterprises can issue equity or debt securities. Other methods specified by SEBI are also available for both types of organizations.

Eligibility criteria

Organizations must be registered and demonstrate a strong focus on social impact, with at least 67% of their resources or beneficiaries related to eligible social activities over the past three years. NPOs need to have been operating for a minimum of three years and meet specific registration and financial requirements. Certain types of organizations, such as corporate foundations and political or religious organizations, are generally not eligible.

Fundraising Platform: Social Stock Exchange-SSEs facilitate fundraising for social enterprises by allowing them to list their securities (like equity or debt) and attract investors who are interested in both financial returns and social impact.

Transparency and Accountability: SSEs are regulated by SEBI, which ensures that listed social enterprises adhere to certain standards of reporting and disclosure, including their social impact.

Impact Investing: SSEs are designed to encourage impact investing, where investors prioritize not only financial returns but also the positive social or environmental impact created by their investments.

Social Enterprises: SSEs connect with organizations that are focused on addressing social issues and creating a positive impact, including for-profit and non-profit organizations. 


Benefits of Social Stock Exchange (SSE)

Bridging the Funding Gap:

SSEs can make it easier for investors to find and invest in social enterprises that align with their values. 

Attracting Impact Investors:

SSEs can make it easier for investors to find and invest in social enterprises that align with their values.

Promoting Social Impact:

By facilitating impact investing, SSEs can contribute to the growth and sustainability of social enterprises that are making a positive difference in society. 


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