Society Registration in India
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A society is a group of people who have come together via mutual consent to deliberate, govern, and act collaboratively for a common good. Typically, societies are formed to promote charity activities such as sports, music, culture, religion, art, education, and so forth.
Society Registration in India is governed by the Society Registration Act, which establishes particular procedures for society registration and operation. This legislation was enacted to supplement the legislative requirements for society registration for the growth of literature, fine arts, science, or the dissemination of information for beneficial purposes. Several state governments have approved the Society Registration Act of 1860 without or with minor revisions.
The Goal of Registering a Society
A society can be formed for the advancement of fine arts, science, or literature, or for the dissemination of useful knowledge or charity political education goals. A society registration can be done for the following reasons, according to section 20 of the Society Act, 1860:
- Fine arts promotion.
- Assistance to a charitable cause.
- Spreading of Political education.
- Science and literature promotion.
- Establishment of Military orphan funds.
- The foundation or maintenance of galleries or public museums.
- The foundation or maintenance of reading rooms or libraries.
- Transmission or promotion of beneficial information.
- Natural history collections.
- Instruments, designs, or collections of mechanical and philosophical inventions.
Registration of a Society in India
A society can be formed by a group of at least seven people. Apart from Indian citizens, companies, foreigners, and other registered societies can also register for the society's Memorandum of Association.
In the same way that Partnership firms can be unregistered or registered, so can societies. Only registered societies, on the other hand, will be able to endure consigned properties and/or have an ensemble filed against or by them.
State governments are in charge of society registration. As a result, the application for society registration must be submitted to the specific authority of the state in where the society's registered office is located.
For society registration, the founding members must first agree on the name of the society, then draught the Memorandum, followed by the society's Rules and Regulations.
Choosing a Name
When deciding on a name for your society, keep in mind that the Society Act of 1860 prohibits you from using a name that is same or similar to one that is already registered. Furthermore, the proposed name must not imply any support from the state government or the Indian government, nor must it violate the Emblem & Names Act, 1950.
Memorandum of Association (MoA)
Every establishing member must sign the society's Memorandum of Association and Rules & Regulations, which must be witnessed by a Gazetted Officer, Notary Public, Chartered Accountant, Oath Commissioner, Advocate, Magistrate first-class or Chartered Accountant with their official stamping and complete address.
The name of the society and the society's aim must be included in the memorandum. It also contains information about the society's members, such as their names, residences, designations, and jobs. For registration purposes, the following document must be produced, presented, and signed:
- Providing a covering letter signed by all founding members in order to request society registration.
- A duplicate copy of the society's Memorandum of Association, as well as a certified copy.
- Duplicate copy of the society's Rules and Regulations, as well as a duplicate copy officially signed by all founding members.
- Proof of address for the society's registered office as well as a landlord's no-objection certificate (NOC).
- Affidavit signed by the society's secretary or president stating the link between subscribers.
- A few minutes of discussion on the society's registration as well as the distribution of some important documents.
Documents Required To Register a Society In India
The following documents are needed to register a society in India:
PAN Card: Along with the application, all members of the prospective society must present their PAN cards.
Proof of Residence: The proof of domicile of all members of the society must also be supplied. The following documents can be used as proof of residency:
- Aadhaar Card
- Bank Statement
- Driving License
- Utility Bill
Memorandum of Association (MoA): A memorandum of association must be created, which will include the provisions and information listed below:
- The work and goals of the society for which it is created.
- The information on the people who make up the society.
- It will include the address of the society's registered office.
Rules & Regulations of the Society: The society's rules and regulations must also be prepared, which will include the following information:
- The rules and regulations that will regulate the society's operations and day-to-day activities.
- It will include the guidelines for applying for membership in the society.
- Details concerning the society's meetings, as well as the regularity with which they will be held, should be included.
- The Auditors' information.
- Forms of Arbitration in the event of a disagreement between society members.
- Methods for society's disintegration will also be discussed.
The rules can be altered after they have been established, but the new set of rules must be signed by the Society's President, Chairman, Vice President, and Secretary.
Covering letter: A covering letter will be attached to the commencement of the application, stating the objective or purpose for which the society is being founded. It will be signed by all of the society's founding members.
Address Proof: A copy of the proof of address for the society's registered office, as well as a letter of authorization from the landlord, if applicable, must be attached.
List of all the members: A list of all members of the governing body, along with their signatures, must be provided.
Declaration: The president of the proposed society must sign a declaration stating that he is ready and capable of holding the position.
All of the foregoing documents must be presented in two copies to the Registrar of Societies, together with the required payments. When the registrar receives the application, he or she will sign the first copy and return it, while keeping the second copy for approval. The registrar will issue an Incorporation Certificate after properly verifying the documents and assigning them a registration number.
The signed Rules & Regulations, as well as the Memorandum, must be filed with the appropriate society or state registrar with the appropriate fee. The registrar will certify that the society is registered if the registrar is satisfied with the society registration application.
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