can a forignen company do business activities with a welfare organization in Kp pakistan?
Lawyer Answers
M BILAL ADVOCATES, CORPORATE & TAX CONSULTANTS
There is no legal bar on a Section 42 company exporting goods or services, including handmade crafts and artwork, to a foreign entity. However, the company must ensure compliance with:
State Bank of Pakistan (SBP) regulations on receipt of foreign remittances,
Trade Development Authority of Pakistan (TDAP) registration for exporters,
Federal Board of Revenue (FBR) registration for tax and customs purposes, and
Maintenance of proper audited accounts showing that income from exports is utilized solely for welfare objectives.
Where the Memorandum of Association (MoA) does not specifically authorize trade, sale, or export of welfare products, the company may obtain SECP approval for amendment of its object clause under Section 32 of the Companies Act, 2017.
Best Legal Route
To stay compliant while engaging in export activity:
1. Keep welfare status intact (under Section 42 or Society Act).
2. Create a separate business arm or social enterprise (e.g., a private company limited by shares) owned by the welfare organization, to handle commercial transactions and exports.
The profits from that company can then be donated back to the welfare arm.
This structure is legally cleaner and safer for both SECP and tax compliance.
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