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Step by Step Process for Society Registration

Ashish M. Shaji

| Updated: Jul 26, 2017 | Category: Societies Registration

Process For Society Registration

Society is an association of persons that unite for a common purpose with mutual consent and act together. They are mainly formed for the purpose of charitable causes such as education, art, and culture without financial gain. In this article you will know about the Step by Step Process for Society Registration.

It is governed by the Society Registration Act 1860[1] which has been accepted by the states out of which many of them have already amended the original Act.

Reasons for Society Registration

It can be formed for the following purposes:

Reasons for Society Registration
  • Promotion of Science;
  • Promotion of Literature;
  • Promotion of Fine Arts;
  • Grant of Charitable Assistance;
  • Diffusion of Political Education/useful Knowledge;
  • Creation of Military Orphan funds;
  • Foundation or Maintenance of Libraries or Reading Rooms.

Society can also be registered for any other purposes mentioned above, as per the amendment that has been enacted to the Societies Act, 1860.

Process for Society Registration

All states of India have already adopted the act, but they have different rules & regulations. Society registration is done in two parts:

  • Memorandum of Association

It includes various clauses such as the name of the society, registered office address, object, and other details.

  • Rules & Regulations
    • It includes rules and regulations governing the society and its members;
    • Rules & Regulations regarding the meetings and their frequency;
    • Auditor appointment;
    • Legal matters;
    • The reason for dissolution.

It must be signed and certified by the three office-bearers of the society which includes Chairman, President, and Vice-president or secretary.

Each member must sign these documents, witnessed by an oath commissioner, Gazetted officer, notary, advocate, Chartered Accountant or 1st Class magistrate with their official stamp and address.

The members must approve clauses of the MOA and Rules & Regulations. The object clause under MOA should clearly define the purpose of the society for which it is formed.

Requirements-

For society registration, the following requirements should be met:

  • A society can be registered with a minimum of seven or more persons.
  • A person resident in India, foreigners, and companies can subscribe to the Memorandum of society.
  • Societies can be registered or unregistered like partnership firms.
  • Only registered society can hold vested properties and can file a suit by/against society.
  • The society registration is managed by the registrar of a society of each state under the state government. The application for the society registration is made to the concerned authority in the state where the registered office of the society is situated.
  • Before the registration of the society, members must agree on the name of the society and draft the memorandum and rules & regulations of the society.
  • For the selection of the name of the society, it must be ensured that it should not be identical with the name of existing registered society as per the Society Registration Act 1860.

Documents Required for Society Registration-

Here is the list of following documents that need to be submitted for the purpose of Societies Registration:

  • Letter in relation to registration, it must be signed by all the members. The letter should state the purpose of the formation of society indicating that it is registered under the society registration act 1860.
  • Certified copy of the Memorandum of Association, signed by the members with the duplicate copy.
  • Certified copy of the Rules & Regulations, signed by the members with the duplicate copy.
  • List of members of the society describing their name, address, and occupation.
  • Declaration made by the president of the society.
  • Affidavit by the president or secretary defining the relationship between the subscribers.
  • Minutes of the meeting.
  • Address proof of the registered office of the society.

The documents are required to be filed with the registrar of the society along with the fees. After satisfying the details, the registrar shall register the society.

Benefits of Society Registration

Benefits of enrolling for society registration are as follows:

  • A certified society procures legal status;
  • May get delegation and regards under Income Tax Act
  • A registered society gets legal identification in all forums and authorities.
  • A registered society is permitted to open its current account.

Comparison Chart between Trust & Society

BasisTrustSociety
LegislationIndian Trust ActSociety Registration Act, 1860
AuthoritySub-RegistrarRegistrar of Society
Registration DocumentTrust DeedMemorandum of Association and Rules & Regulation
Applicability of stamp dutyStamp Duty & Registration FeesRegistration Fees
MembersMinimum Two Trustees, no limit for maximum.Minimum Seven, and no limit on a maximum number of members.
Board of ManagementBoard of TrusteesManaging or executive committee

Conclusion

The Society Registration Act lays down the process for society registration. In order to register society, the establishing members are required to agree with the name of society and then prepare other essentials. For more information on Society Registration, contact Enterslice.

Read our article: The relevance of Annual Compliance for Section 8 Company

Ashish M. Shaji

Ashish M. Shaji has done his graduation in law (BA. LLB) from CCS University. He has keen interests in doing extensive research and writing on legal subjects especially on corporate law. He is a creative thinker and has a great interest in exploring legal subjects.

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