In India, there are certain products that contain the ISI mark on its packaging, and we use these products in our daily life. But many of us don't know what...
What is a Society?
A society is formed for the purpose of promotion of literature, science or the fine arts or for providing useful knowledge for charitable purposes. It consists of a group of individuals who unite to fulfill a common purpose which may be related to promotion of science, literature, fine arts and other required social and charitable objects. In this article, we will discuss Society Registration.
If you want to register the society in India, then the Society Registration Act, 1860 will act as the gateway to govern and legalize such societies. They will be operated according to the mentioned act in India. The society registration act, 1860 has already been accepted by several state governments. However, some state governments have further amended this act.
Why should you Register a Society?
Registration of a society is very useful for the development of fine arts, science, or literature or for providing useful knowledge for charitable purposes. According to section 20 of the above-mentioned act, a society can be registered for the following purposes:
- Promotion of fine arts
- Providing political education
- Grant of charitable assistance
- Promotion of science and literature body shall be filed with the memorandum of association
- Creation of military orphan funds
- Maintenance or establishment of galleries or public museum
- Maintenance or establishment of reading rooms or libraries, etc.
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Checklist for Society Registration
Well before you proceed for Society registration, keep in mind following:
- A Society can be created by a minimum of 7 or more persons which can be from India.
- It may also include companies, foreigners as well as the other registered societies who can register themselves for the memorandum of the society.
- Even though they can be either registered or unregistered like that of partnership firm but only the registered society 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 made to the specific authority of the state, where the registered office of society is situated.
- For Society registration, the members must first consider and mutually agree with the name of society and then prepare the Memorandum which must be followed by Rules & Regulations of the society.
What are the documents required to Register a Society in India?
List of documents which are required for the Society Registration in India are discussed below:
- A covering letter mentioning the objective or the purpose for which the society is being formed will be annexed at the beginning of the application. It will be signed by all the members who have found or want to register the society.
- After preparing the above, as informed above Memorandum of Association which will contain name clause, registered office clause, object clause, general body member clauseneeds to be prepared which will contain the following clauses and information:
- The work and the objectives of the society for which it is being formed
- The details of all the members forming the society
- The address of the registered office of the society which will be used as the principal office in India
- The Residence Proof of all the members of the society also has to be submitted. The following are eligible to be used as a valid residence proof:
- A copy of Bank Statement
- Aadhaar Card issued by the Government
- Utility Bill
- Driving License
- Articles of Association also need to be prepared which should contain the following information:
- Rules and regulations which will be applicable to the working of the society and the maintenance of day to day activities
- Rules which will describe how you can take membership in the society
- Details about the meeting which is going to be held and the time period or gap between the two meetings
- Complete details about the Auditors, etc.
Note that once the rules have been formed, they can be changed but the new set of rules will be signed by the President, Chairman, Vice President and the Secretary of the Society.
- Minutes of the Meeting in which resolution for Registering of Society has been passed are also required to be presented along with other documents.
- A declarationhas to be given by the president/chairman of the proposed society that he is willing and competent to hold the said post.
What are the steps for Registering a Society in India?
Step 1: You must first select a unique name for your society
Although you don’t deserve the name (as you must do for a company) you should conduct some searches to make sure the name is available.
The name you want to register for your society cannot be identical or deceptively similar to that of another incorporated society or another body corporate.
If you choose a name that is identical to the name used by another body corporate (for example, a company, incorporated society, charitable trust) it can only be used if the other organization gives its written consent to the Registrar.
Step 2: Draft Memorandum of Association
The memorandum of association of a society shall contain the following:
- the name of the society with which it will be registered;
- the object of the society for which it will be formed;
- The full names, addresses, and occupations of the governors, council, directors, committee, or another governing body to whom, by the rules of the society, the management of its affairs is entrusted.
- A copy containing the rules and regulations of the society, which is certified to be a correct copy by not less than three of the members of the governing body must be filed with the memorandum of association
Step 3: Final Submission
All the above documents are required to be submitted to the Registrar of Societies along with the requisite fees in two copies. On receiving the application, the registrar will then sign the first copy as acknowledgment and return it and will keep the second copy for approval. On proper inspection of the documents, the registrar will then issue a Certificate of incorporation by allotting a registration number to it.
The signed Rules & Regulations, as well as Memorandum, has to be filed with concerned society or registrar of state with a mentioned fee. If the registrar is satisfied with society registration application, then it will certify or declare that the society is registered.