Society Registration Process
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Society Registration Process
A society is a group of people coming together through mutual consent to deliberate, govern, and act collaboratively for the common good. Typically, societies promote charity activities such as sports, music, culture, religion, art, education, etc.
Society Registration in India comes under the Society Registration Act, which regulates society registration and operation procedures. This legislation was passed to extend the legislative requirements for society registration to develop fine arts, science, literature, or disseminating information for practical objectives. Many state governments have backed the Society Registration Act of 1860 without or with slight revisions.
Society Act of 1860
The society must follow particular procedures for registration and operation under India's Societies Registration Act. The Act was passed to improve the legal conditions for society's registration to promote free education, free treatment, fine arts, science, and awareness for various reasons. The Societies Registration Act, 1860, has been recognised by many state governments, with or without amendments.
A group of a minimum of seven people can form a society. Businesses, foreigners, and other registered societies, in addition to Indian citizens, can apply for the society's Memorandum of Association.
In the same manner that Partnership firms can be unregistered or registered, so can societies. But, on the other hand, only registered societies will be able to endure consigned properties and an ensemble filed by or against them.
State governments are the in-charge of society registration. Subsequently, the application for registration of a society must be sent to the society's registered office's states' specific authority.
For the society's registration, the founding members must first agree on the society's name, then draught the memorandum and the society's rules and regulations.
The Naming Process
About deciding on a name for a society, it is essential to remember that the Society Act of 1860 prohibits using a name that is the same or similar to one already registered. Also, the suggested name must not indicate any backing from the state government or the Indian government, nor must it disobey the Emblem & Names Act, 1950.
Memorandum of Association
Every establishing member should sign the society's Memorandum of Association and Rules & Regulations, which a Gazetted Officer, Notary Public, must witness, Chartered Accountant, Oath Commissioner, Advocate, Magistrate first-class or Chartered Accountant with their authorised stamping and detailed location.
The society's name and the society's aim must be included in the memorandum. It also contains details about the society's members, like their names, locations, titles, and jobs. For registration objectives, the below-mentioned documents must be arranged, signed, and introduced:
Providing a cover letter with the signature of all founding members to request society registration.
A duplicate document of the society's Memorandum of Association and a certified document.
Duplicate copy of the society's Rules and Regulations and a duplicate copy officially signed by all founding members.
Address Proof for the society's registered office and property owner's no-objection certificate (NOC).
An affidavit signed by the society's secretary or president stating the link between subscribers.
A few minutes of discussion on the society's registration and the distribution of some necessary documents.
Purpose of Society Registration
A society can be formed to advance fine arts, science, or literature or disseminate practical knowledge or charity political education goals. A society registration can fulfil the following causes, as per section 20 of the Society Act, 1860:
- Fine arts promotion.
- Political education being disseminated.
- Assistance to a charitable cause.
- Science and literature are promoted.
- Military orphan funds are being established.
- The foundation or upkeep of galleries or public museums.
- The foundation or upkeep of reading rooms or libraries.
- The valuable knowledge is promoted, disseminated, or taught.
- Natural history collections.
- Mechanical and philosophical inventions, designs, or instruments are collected in this category.
Documents required for a society's registration
The following are the documents needed to register a society in India:
PAN Card: All members of the proposed society must submit their PAN cards with the application.
Proof of Residence: The domicile proof of all members of the society should be submitted. The below-mentioned documents can be presented as proof of residence:
- Bank Statement
- Aadhaar Card
- Utility Bill
- Driving License
Memorandum of Association: The following terms and information must be included in the memorandum of association:
- The goals and work for which the society is created.
- The information on the people who make up the society.
- It will comprise the location of the society's registered office.
Society Rules & Regulations: The society's rules and regulations must also be prepared, and they must include the following information:
- The rules and regulations will regulate society's operations and day-to-day activities.
- It will have the rules and regulations for applying for membership in the society.
- Details concerning the society's meetings and the regularity with which they will be held should be included.
- The Auditors' contact information.
- Forms of Arbitration in the possibility of a disagreement among society fellows.
- Methods for society's disintegration should also be discussed.
The rules may be altered after being established, but the Society's Secretary, Chairman, President, and Vice President should sign the new set.
A cover letter will be affixed to the commencement of the application, mentioning the intent or purpose for which the society is being established. All of the society's founding members have to sign it.
Proof of Residence: A copy of the proof of address for the society's registered office, as well as a letter of authorisation of the landlord, if applicable, should be submitted.
List of all the members: The list of the governing body members must be provided with their signatures.
The president of the proposed society has to sign a declaration that he is ready and capable of holding the position.
All preceding documents must be presented in two copies to the Registrar of Societies, together with the required payments. When the registrar receives the application, they will sign the first copy and return it while keeping the second copy for approval. Finally, the registrar will issue an Incorporation Certificate after properly verifying the documents and assigning them a registration number.
The signed Rules & Regulations and the Memorandum should be filed with the concerned society or state registrar with the fee. The registrar will certify that the society is registered if he is satisfied with the registration application.