How to check Online Society Registration?
A Society is an association of individuals that voluntarily come together to attain a common objective. The primary purpose of a Society is to promote the advancement of art, literature, science, religion, sports, education and other charitable activities. Society Registration Act, 1860 legitimize and governs the functions of Societies. It further lays out the guidelines, eligibility and procedure to register a Society in India. This document entails the essential aspects for online Society Registration. It will also guide you about the benefits and compliances of Society Registration.
The Fundamental Characteristics of Society
These attributes given below precisely define the nature of Society:
- Societies Registration Act governs and regulates a Society.
- Minimum seven people are required to form a Society, while there is no limit on the maximum number of members.
- The member of a proposed Society needs to file a Memorandum of Association on a non-judicial Stamp Paper before applying for Registration. MOA must depict the objective for setting out Society in a particular state.
- The legal requirements for Society Incorporation are much simpler than to form a Section 25 Companies or Trust.
- Society has a flexible structure, wherein object can be modified and the renewal of members is possible.
- The winding-up process of Society can be done easily.
- The Societies follow a democratic approach with membership and have an elected body to manage their operations.
Advantages of Online Society Registration in India
Documents Required Society Registration
Prepare and submit the following list of documents along with your application for society registration:
- Pan card of all the members;
- A valid Residential proof such as Bank Statement, Utility Bill, Aadhaar card, Passport, Driving License etc.;
- Memorandum of Association (MOA)
- Article of Association (AOA)
- A Covering Letter displaying the purpose of the proposed Society and signed by all the members;
- Address proof of the Registered office affixed with a NOC from the landlord (in case of rented property);
- Identity proof of the members (Driving License, Voter ID Card, Passport);
- Two copies of Society Bye-laws that must specify responsibilities of the Executive Committee members. It should also mention the qualification, eligibility, term and termination of the members.
- A copy of Bank Statement;
- The President of the proposed Society has to give a Declaration that he is competent and willing to hold the prescribed post.
Things to keep in mind before Society Incorporation
Before you proceed to register a Society, consider the factors given below:
- Minimum 7 or more persons can be from India to create a Society.
- Apart from that, the Companies, as well as foreign nationals can register themselves for the Memorandum of Society.
- The State Governments govern Society Registration. Thus, file the Application to the Authority of the state where the Registered Office of the Society is situated.
- The members need to agree with the name of the proposed Society mutually. Therefore, prepare the Memorandum followed by the Society’s Rules & Regulations.
- The name of Society must comply with Emblem and Names Act, 1950. Moreover, it should be in regards to the guidelines led by Society Act.
Procedure for Society Registration
Society can be formed with a minimum of 7 or more persons. Besides that, even foreigners and Companies can register for the Memorandum of Society. Authorities of State Government administer the Registration process of a Society. To undertake the online procedure, one needs to visit the official portal of MCA:
- Select Unique Name: The applicant must conduct comprehensive research to file a unique name for the proposed Society. One needs to ensure that the name is not deceptively similar or identical to another incorporated Society/Corporate body. In case you choose an existing name of a Society, then the party must provide written consent to the Registrar.
- Draft the Memorandum of Association: Now each establishing member of the Society must sign the Memorandum with Rules and Regulations of the Society. It should be witnessed by Notary Public, Chartered Accountant, Oath Commissioner, Gazetted Officer, First Class Magistrate or Advocate with their official stamp and complete address.
The Memorandum must contain the clauses given below:
- Name Clause
- Objectives Clause
- Registered Office Clause
- Details such as names, occupations and addresses of the Executive Body/Governing Body
Rules and Regulations of the proposed Society should be certified by the President, Vice President and Chairman of the Society. It must specify the aspects mentioned below:
- Constitution of the Society
- Terms of Member’s Termination
- Details of the Office Bearer
- Audit Compliance
- Provision of the Meetings
- Provisions of Legal Disputes
- Income Source of the Society
- Membership & Subscription
- Election Norms
- Society’s Dissolution
- Prepare other necessary documents: Documentation plays a vital in the online Society Registration criteria. Hence, affix the documents of Cover Letter, Minutes of the Meeting, Declaration, ID Proof, as prescribed by Society Registration Act, 1860.
- File documents with the concerned Registrar: Once you have prepared all the documents, submit it to the concerned Registrar of your State with the fee. If the Registrar feels that your provided information is valid, then he will declare your Society as registered. You can check Society Registration status on the official website of Municipal of Corporate Affairs. Generally, it takes around one month to register the Society.
Non-Compliances of Society Registration
If the newly formed Society does not adhere to the mandatory compliances under Society Registration Act, 1860, then it may have to bear hefty penalties. Moreover, the Registration of such Society may be subject to cancellation. Some of the common non-compliance cases are:
- Non-conduct of the General Meetings and Board Meetings;
- Not maintaining the Accounts records;
- Not Auditing the Books of Accounts annually;
- When the Society does not keep the records of the Board Meeting/ General Meetings (if held);
- Utilizing Society’s fund for personal use;
- Non Filing of Income Tax Return or ITR;
- Not informed about the list of Governing Body on an annual basis/intimating about any change of Governing Body to the Registrar.
If you want legal guidance for preparing the documents, selecting the name or check Society Registration online, confer to Swarit Advisors. Our team has more than 20 years of experience in resolving numerous cases regarding Society Registration.
Read our article:An overview of National Society Registration