Before getting complete information about the “Society Registration Process“, you should know about society. Under which act should society be registered? You will get full information here. Stay tuned with us and learn about your society registration.
What is Society
A society is a union of individuals united by mutual consent to consider, determine and act jointly for some common purpose. Societies are usually registered to promote charitable activities such as education, health, environment, arts, religion, culture, music, sports, etc.
Society Act of 1860
Under the Societies Registration Act in India, the Society undertakes certain procedures for registration and operation. The Act was enacted to increase the legal conditions of registration of the society for the promotion of free education, free treatment, fine arts, science for the promotion of the poor and awareness for plentiful purposes. The Societies Registration Act, 1860 has been accepted by many state governments with or without further amendment.
Purpose of Society Registration
A society registration can be done for the development of free education, free treatment, literature, fine arts, science or literature or for the dissemination of objective knowledge of political knowledge. As per section 20 of the Societies Act, 1860, a society registration can be done for the following purposes:
- Promotion of Fine Arts
- Diffusion of Political Education
- Grant of Charitable Assistance
- Promotion of Science and Literature
- Creation of Military Orphan Funds
- Maintenance or Foundation of Galleries or Public Museum
- Maintenance or Foundation of Reading Rooms or Libraries
- Promotion or Diffusion or Instruction of useful knowledge.
Steps for Society Registration Process in India
Before creating a society, you have to consider some important things. How to register a society, what are the requirements for registration. Next we will give you complete information about it.
A minimum of 7 or more persons is required to make the formation of a society minimal. For this, individuals, companies, foreigners as well as other registered societies of India can also register for the memorandum of society. Similar to partnership firms, society may also be unregistered or registered. However, only the registered society will be able to face the property unanimously or file an assembly against the society.
The society registration is maintained by the state governments. Thus, applications for society registration should be made to the specific authority of the state where the registered office of the society is located.
For society registration, established members must first agree with the name of the society and then prepare for the memorandum, rules and regulations of the society. Read in detail below.
Selection of a Name
While selecting a good name for society registration, it is important to understand that according to the Societies Act, 1860, the same or similar name of the currently registered society will not be allowed. Further, the proposed name shall not suggest any protection to the State Government or the Government of India or attract the provisions of the Emblems and Names Act, 1950.
Memorandum of Association
The memorandum along with the rules and regulations of the society must be signed by each established member, gazetted officer, notary public, chartered accountant, oath commissioner, advocate, magistrate first-class or chartered accountant with their official stamp and full address. The memorandum should include the names, addresses, designations and occupation details of the members of the society. The following documents have to be prepared, submitted and signed for registration:
- Requesting society registration by providing a letter signed by all established members.
- Keep a duplicate copy of the Society’s Memorandum of Association along with the verified copy.
- A copy of the rules and regulations of the society along with a duplicate copy duly signed by all established members.
- The address of the registered office of the society as well as the No Objection Certificate (NOC) issued by the landlord.
- The affidavit given by the secretary or the president of the society declares the relationship between the subscribers.
- A few minute meeting about the Society registration by providing some necessary documents.
Documents Required to register a society In India
Following are the documents required for the Society Registration in India:
- PAN Card
- The Residence Proof
- Memorandum of Association
- Articles of Association
- A covering letter
- Address proof
- Governing Body
- A declaration
The PAN card of all the members of the proposed society will have to be submitted along with the application.
Residence proof of all the members of the society will also have to be submitted. The following can be used as a valid residence proof:
- Bank Statement
- Aadhaar Card
- Utility Bill
- Driving License
Memorandum of Association
A memorandum of association is to be prepared with the following sections and information:
- The function and purpose of the society for which it is being established
- Details of the members who constitute the society
- It will have the address of the registered office of the society
Articles of Association
Articles of the association will also have to be prepared which will contain the following information:
- Rules and laws by which the functioning of the society will be regulated and the activities of the day shall be maintained
- There will be rules for membership in the society
- Details about the meetings of the society and the frequency they occur are to be mentioned.
- Information about auditors
- Form of arbitration in case of any dispute between members of society
- Methods of the disintegration of society will also be mentioned
Once the rules are made, they can be changed, but the new set of rules will be signed by the society’s Secretary, Chairman, President and Vice president.
A covering letter mentioning the objective or purpose for which the society is being formed will be attached at the beginning of the application. It will be signed by all the founding members of the society.
A copy of the address proof where the registered office of the society will be located with the NOC from the landlord if any is to be attached.
All members of the governing body should be given a list with their signature.
An announcement is to be made by the president of the proposed society that he is willing and able to hold the said post.
All the above documents have to be submitted to the Registrar of Societies with the requisite fee in 2 copies. On receipt of the application, the registrar will sign the first copy as acknowledgement and return it, keeping the second copy for approval. On the proper distribution of documents, the registrar will issue a certificate of incorporation by allocating a registration number to it.
The signed rules and laws, as well as the memorandum, have to be filed with the Registrar of the concerned society or state with a specified fee. If the Registrar Society registration is completed with the application, they will certify that the Society is registered.
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