What is Society Registration?
An entity or group of people working together not for profits but for the welfare of the general public with an agenda of helping the community has an option of Society registration to gain a legal status. A non-commercial organization with seven or more persons coming together for any scientific, literary or charitable purposes or for purposes as mentioned under section 20 of the Society Registration Act, 1860, may get Society Registration by subscribing their names to a Memorandum of Association and filing the same with the registrar.
As per Section 20 of the Society Registration Act, 1860 following are eligible to apply for society registration:
1. Charitable Societies
2. The military orphan funds or societies established at the several presidencies of India
3. Societies established for
- the promotion of science, literature, or the fine arts for instruction
- the diffusion of useful knowledge
- the diffusion of political education
- the foundation or maintenance of libraries or reading-rooms for general use among the members or open to the public
4. Public museums and galleries of
- Paintings and other works of art
- Collections of natural history
- Mechanical and philosophical inventions
Main features of Society registration
There are following features of Society registration:
- For Society Registration, there is a requirement of a minimum of seven or more members.
- In case of people, companies or societies registered outside India are interested in starting a society in India then they would have to subscribe to the Memorandum of a society in India.
- In India, it is not obligatory to register a society however with society registration they get legal protection and become eligible for the advantages offered by the government.
What are the objectives of Society Registration?
There are different forms of objectives of registering a society in India. However the following objectives have to be established while registering a society in India:
Developments of Fine Arts-
Societies are established not only to involve individuals in activities but also to promote any form of fine arts in the society.
Development of Education in Politics-
Another reason a society is established to engage in politics and other forms of political education.
Assistance in Charity-
This is one of the main objectives for development of societies in India. Societies are formed to raise charity for victims. For example, for victims of floods temporary societies are established to provide funds to these victims.
Development of Science and Literature in India-
A society’s main function is to promote science and the development of different forms of literature in India.
Developing Military Funds for Orphans-
Societies are also established for developing funds for the purposes of military orphans.
Maintenance of Museums and Galleries-
Every museum or society would have a specific organisation and fund to carry out all the activities for the society. Every museum or society would also have a society which is formed to carry out the activities relating to maintaining a museum.
Maintenance of Libraries and Reading Rooms-
Even reading rooms and libraries can be maintained through a society which is formed.
What is the purpose of Society Registration?
The main purpose of society registration is to give legal status to the societies in India and to improve the overall legal conditions of societies. Henceforth the Society Registration Act, 1860 is very important. Society registration is governed by this act. For the wellbeing of society in the country, a registered society performs a very significant rule.
The procedure of Society Registration
As per Section 12 of the Act, Society registration at a later stage is enabled to alter, extend or abridge the purpose or purposes for which it was established, for any other purpose falling within the scope of this Act. It may even decide to amalgamate such society either wholly or partially with any other society. The procedure of Society Registration shall be governed by Section 12 of the Act.
The Minimum Requirements for Society Registration
For society registration, a minimum of 7 or more persons are required who can be Indian residents, companies, foreigners, as well as other registered societies. However, it is not mandatory to apply for society registration but there are numerous benefits to society registration. Society registration is governed by the Society Registration Act, 1860 which is done with the state government. An application for society registration is filed with the specific state authority where the registered office of society is situated. Before applying for society registration with the registrar, the establishing members must agree with the name of society after that the Memorandum of Association is finalized. Memorandum of Association of society describes the Rules & Regulations of the society.
1. Finalization of the Name of the Society
While finalizing the name of the society it must be ensured that it should be according to Society Act, 1860. If the name of the proposed society is identical or similar to already registered society then it shall not be approved by the authority. The proposed name should not be against the state government or government of India and the proposed name shall not violate the provisions of Emblem & Names Act, 1950. It must also be ensured that the proposed name shall not contain any word of phrase which may be objected upon by the Government or a community.
2. Memorandum of Association
As per Section 2 of The Society Registration Act, 1860, a Memorandum of Association shall contain the below mentioned:
- Name of the society
- The registered office of the society
- Area of operation of the society
- Aims and objects of the Society
- Name, address and other details of the directors, council or other members of the governing body who shall be regulating the management of its affairs.
- Governing body
- Desirous persons
Along with the Memorandum of Association, a copy of the Rules and Regulations of the Society, certified by not less than three of the members of the governing body, shall be filed.
3. Rules and Regulations
The rules shall mention the following details in relation to Society registration:
- Constitution of the Society
- Membership and Subscription
- Termination of the Members
- Details of the Office Bearers
- Duties of the Office Bearers
- Source of Income of Society and Bank Accounts
- Dissolution of the Society
- Provision of Legal Disputes
Note: The list is not exhaustive and may include other details as per individual instance.
4. File Application for Society registration
State Government look after the Society Registration. Thus, the application for society registration has to be submitted to the prescribed authority of the state, where the registered office of society is situated. The requisite fees are also decided by the state government.
Documents for Society Registration in India
Following documents are required for society registration in India:
- A cover letter with a request of society registration under the law.
- A Memorandum of Association
- Copy of Rules and Regulation of the Society
- List of all members of the Society
- Affidavits of the office bearers
- Residential proof of all the members
- Proof of address of the registered address, or NOC from the Landlord
ALL the above-mentioned documents are required to be submitted to the Registrar of the Societies with the requisite fee as prescribed in 2 copies, one which shall be returned as an acknowledgment. Upon careful examination of the documents, an Incorporation Certificate with a registration number shall be allotted. The procedure of society registration takes around 1 one to get completed.
How Enterslice helps you to get Society Registration in India?
Enterslice is a leading organization in providing legal services in India. We have years of experience and experts with industry insights and knowledge of all the latest laws. You can consult us for Society registration. We can register your society in a hassle-free manner.
For Society registration in India from Enterslice, you have to go through the following steps:
- You just have to visit our website enterslice.com and fill your basic details like name, Email Id & Mobile No – Click on Get Started button.
- Then we request you to wait for a Call back by a consultant alternatively if you are in hurry then you can directly make the payment and start the process if you are clear about the Society registration process.
- Our team of experts will call you back in 4 to 8 Working hours and after that, if you will have any further query, then a professional from our senior management will speak with you on Skype. You can also drop an email on firstname.lastname@example.org
- After understanding the structure of your invention team of Enterslice will share a detailed checklist of documents required from your end for further action.
- We will assign you a unique order Number to track the progress of the assignment.
- You can also upload documents by using Mobile application of Enterslice which is available on Google play store for Android users and the Apple App Store for ios users. You can also email your documents to email@example.com
- We assign a small team of 4 people on each assignment of Society registration with Combination of Professionals like CA, CS, and Lawyers.
- You can track the status of your order on our website or by using Mobile App.
- We will send regular updates via email about the work progress.
- Our team will handle end to end process like the arrangement of all the necessary documents and filing of Society registration application with the appropriate government authority.