Society Registration: How to register?
A minimum of 7 members are required to register a Society. A society shall be registered with the Registrar office under Societies Registration act 1860 (A separate Registrar of Societies will be in your area). Only for Maharashtra state, it’s different and it shall be registered with Charity commissioner.
A society is an association of several individuals combined using a mutual accord to deliberate, govern and act cooperatively for some communal purpose. Societies are usually registered for the advancement of charitable activities like sports, music, culture, religion, art, education, etc.
Society Registration, under, The Society Registration Act, in India, lays down certain procedures for the sake of society registration & operation. This act was implemented with the purpose of augmenting the legal stipulations of society registration for the advancement of literature, fine arts, science or distribution of awareness for bountiful purposes. The society registration act, 1860 has been accepted by several state governments without or with further amendments.
Registration of society is undertaken by a basic document of Memorandum of understanding and Articles of Association with the specified rules and regulations. Such document consists of Name, occupation and address of all members and with the rights, power, duties and responsibilities of each member and governing body.
No stamp paper is required for society registration. Management of society run by Governing body and succession in management is by Election.
As per the Societies Act, the Governing body meeting and the Annual general meeting should be conducted. Governing body members have entrusted the management of the affairs of the society. Whereas the General body member duties include the election of Governing body members, alteration of name, objects, rules and regulations if necessary. Even a foreigner can be a member of a society in India.
The purpose and object of the Society shall be a literary, scientific or charitable purpose.
After registration of society, you shall apply for PAN CARD if required. Anyway each year we have to submit the accounts to the Registrar of societies.
Non-filling of names, addresses and occupation of Governing body members, council, directors, committee entrusted with the management of the Society or willfully furnishing false information or return or refusing or neglecting to send audited income and expenditure statement and information are offences of the Society which is penalizable.
Purpose of Society Registration
A society registration can be done for the development of fine arts, science, or literature or else for diffusion of purposeful knowledge or charitable purposes of political education. According to section 20 of Society Act, 1860, a society registration can be done for 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 Registering a society In India
A Society can be created by a minimum of 7 or more persons. Apart from persons from India, companies, foreigners, as well as other registered societies can also register for the Memorandum of the society. Similar to Partnership firms, society can also be either unregistered or registered. But, only the registered societies will be able to withstand consigned properties and/or have an ensemble filed against or by the society.
Society registration is maintained by state governments. Thus, the application for society registration must be created to the specific authority of the state, where the registered office of society is situated.
For Society registration, the establishing members must agree with the name of society first and then prepare for the Memorandum, followed by Rules & Regulations of the society.
Selection of a Name
When selecting a name for society registration, it is vital to understand that according to Society Act, 1860, an identical or similar name of a currently registered society will not be allowed. Moreover, the proposed name shall not suggest for any patronage of state government or government of India or fascinate the provisions of Emblem & Names Act, 1950.
Memorandum of Association
The Memorandum of society along with Rules & Regulations of society must be signed by every establishing member, witness by Gazetted Officer, Notary Public, Chartered Accountant, Oath Commissioner, Advocate, Magistrate first class or Chartered Accountant with their official stamping and complete address. The memorandum must also contain details of members of the society registration along with their names, addresses, designations, and occupations. The following document has to be prepared, submitted and signed for the sake of registration:
- Requesting society registration by providing covering letter, signed by all establishing members
- Duplicate copy of memorandum of association of society along with certified copy
- Duplicate copy of Rules & Regulations of society along with duplicate copy duly signed by all establishing members
- Address proof of registered office of society as well as no-objection certificate (NOC) issued by landlord
- Affidavit avowed by secretary or president of society declaring relationship among subscribers
- Few minutes of meeting regarding the society registration along with providing some essential documents.
Documents required to register a society In India
- PAN Card
- Residence Proof
- Memorandum of Assocation
- Article of Association
- Covering Letter
- Proof of Address
- List of all members
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