Society Registration

What is society registration?

A society is a Non-for-profit entity that is engaged in the promotion of charitable activities like art, education, culture, religion, music, sport, etc. It is an association of people determines to perform together for some common purpose. The procedure for registration of societies is laid down by the societies registration act, 1860 and the same has been adopted by the state government with or without amendments.

NGOs (non-government organizations), trust or societies are not the same even though they sound the same. They all operate on a very different scale. They all have a difference in their formation, attributes, and other characteristics. NGO's operate at a bigger level than that of trusts. Society and NGO's (Non-governmental organization) are registered under Societies registration act 1860 whereas trusts are registered under the Indian Trusts Act. There are many other differences between societies and trusts which cannot be ignored such as trusts are normally confined at the state level whereas NGOs operate at the central level.

A society can be registered for the following purposes

  • Promotion of science

  • Promotion of literature

  • Grant of charitable assistance

  • Diffusion of political education

  • Promotion of Fine Arts

  • Foundation and maintenance of public libraries

  • Creation of Military orphan funds

A society can be registered or unregistered. Registering a society gives a society a legal status for the recognition by legal authorities, obtaining income tax registration, opening a bank account.

Process for Society Registration

Step 1: Selection of a Name

The first step in the process of society registration is to select a relevant and appropriate name. The name chosen should be unique as Societies registration Act, 1860 doesn't permit to use an identical name with the other registered societies. Also, the use of the name of national heroes is prohibited as specified under Names and Emblems Act, 1950

Step 2: Memorandum of Association

A table containing names, addresses, designation and occupation of all the members of societies along with their signatures should be formulated and included in the Memorandum of Association.

Step 3: Preparation of documents

Following are the documents required for society registration

  • PAN card of all members

  • Residence proof of all members of the society such as Bank statements, Aadhar card, utility bills, passport or Driving license

  • Memorandum of association with following clauses and information

    1. Objectives of the societies for which it is established

    2. Details of the member forming a society

    3. Address of the registered office of the society

  • Copy of property papers

  • List of all members of society along with their signatures

Step 4: Submission of documents and registration

MOA (Memorandum of Association) with the rules and regulations documents must be filed with the registrar of societies. If the registrar gets satisfied with the documents filed, he would allow the registration. Generally, the registration of society takes one month

Resolve your Queries

1. Who can form a society?

A society can be formed by any seven or more people associated with any scientific, literary and charitable purpose or for any purpose described in section 20 of this act.

2. What is the eligibility to form a society?

Apart from the individuals, below are the people who are eligible to form a society

  • Partnership firm: Eligibility of partnership firm to subscribe to the memorandum of the society is not clear from the provision of partnership act 1932, societies registration act 1860 or any other judicial decision. However, the provisions of sec 25(4) of the companies act, 1956 which permits a partnership firm to become a member of section 25 company and also the firm may be a member of any association or company registered under the company act, 1956.

  • A limited company can subscribe to the memorandum of society

  • Foreigners can also subscribe to the memorandum of a society

  • Registered society can subscribe to the memorandum of association of proposed society

3. What are the things you may know while proposing the name of society?

  • Name proposed for the registration of the society should not be identical with the name of any other societies which has been registered already

  • Use of name of national heroes is prohibited as specified under Names and Emblems Act, 1950

  • The registrar of a society can be approached with the alternative names so that the name is not identical or not being used by any other existing societies

4. What is MOA (Memorandum of Association) of a society?

It is the Charter of the society which contains:

  • Name of the society

  • Objects of society

  • Name and address of the members of the governing body

  • Address of the registered office The memorandum also consist of the name, address and full signature of seven or more person subscribing their name to the MOA (Memorandum of association)

5. What the duties of the member of society?

  • Work according to achieve the objectives of the society

  • Society may act against the members for

    1. For mis-utilization of funds of a society

    2. If any money receipt, deed, document causing loss of fund of a society

    3. Recovery of any damage to the property caused by the members

    Attend the meeting regularly and also exercise their democratic rights when necessary

6. What are the rights of the members of society?

  • Right to vote

  • Right to attend general meeting

  • Right to receive statements of account

  • Right to receive copies from Byelaws

7. What are the documents required for the registration of a society?

  • Affidavit No. 1 regarding the Ownership and NOC of the registered office

  • Affidavit No. 2 regarding a person not related to the name of society and not related to each other as well.

  • Address proof of all members

  • NOC (No objection certificate) from the landlord

  • Electricity and water bill

  • ID proof such as aadhar card, PAN card, Driving license of all members

  • Copy of property papers

8. Who is a governing body?

The governing body under society registration act, 1860 Consists of the Governor's council, trustee, committee or any other committee who draw up the rules and governs the action.

9. What is the purpose of society registration?

  • Promotion of science

  • Promotion of literature

  • Grant of charitable assistance

  • Diffusion of political education

  • Promotion of Fine Arts

  • Foundation and maintenance of public libraries

  • Creation of Military orphan funds

10. What and when the notice to be given for the meeting of a society?

The notice for every meeting is to be given to all the members of a society as per the time limit as mentioned in the bylaws. Generally in the period of 21 days' notice should be given for the general meeting and 7 days' notice in order to govern body meeting.

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