Society Registration
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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.
- Purpose of Society Registration
- Registration of a Society In India
- Selection of a Name and Memorandum of Association
- Why to go for Society Registration?
- Documents you will need for Society Registration
- Understand the Process for Society Registration
- Dissolution of a registered Society
- When to Renew Society Registration Certificate in India?
- Renewal Process for Society Registration Certificate
- How RegisterKaro assist you with Society Registration?
- Why RegisterKaro?
- Frequently Asked Questions
Society Registration [Sample]
Purpose of Society Registration
A society registration can be done for the development of fine arts, science, or literature or else for the diffusion of purposeful knowledge or charitable purposes of political education. According to section 20 of the Society Act, 1860, a society registration can be done for the following purposes:
1:Promotion of fine arts.
2:Diffusion of political education.
3:Grant of charitable assistance.
4:Promotion of science and literature.
5:Creation of military orphan funds.
6:Maintenance or foundation of galleries or public museum.
7:Maintenance or foundation of reading rooms or libraries.
8:Promotion or diffusion or instruction of useful knowledge.
9:Collections of natural history.
10:Collections of mechanical and philosophical inventions, designs, or instruments.
Registration of a Society In India
Following are some checklist for Society Registration in India:
1: 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 association of the society.
2: 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.
3: 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 the society is situated.
4: 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 and Memorandum of Association
Let’s discuss about selection of name and memorandum of association
Selection of 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 the state government or the government of India or fascinate the provisions of the Emblem & Names Act, 1950.
Memorandum of Association
Following are some checklist for Society Registration in India:
1: The Memorandum of Association of the 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.
2: The memorandum must contain the name of the society, the object of the society. Also, it consists of 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
3: Requesting society registration by providing covering letter, signed by all establishing members.
4: Duplicate copy of Memorandum of Association of society along with certified copy.
5: Duplicate copy of Rules & Regulations of society along with duplicate copy duly signed by all establishing members.
6: Address proof of registered office of society as well as no-objection certificate (NOC) issued by landlord.
7: Affidavit avowed by secretary or president of society declaring relationship among subscribers
8: Few minutes of meeting regarding the society registration along with providing some essential documents.
Why to go for Society Registration?
Society registration offers you wide range of benefits which brings more ease in the operation of the society. Such range of benefits include:
Legal StatusSociety upon registration receives the legal status of being a separate entity working in furtherance of certain objective that is different from that of the personal interest of those operating it. Once registration is successful, Society enjoys all the benefits of that of a legal entity and an artificial person.
Access to fundsWhen society attains legal status in the market, it becomes convenient to access funds and investors as the registration creates authenticity and reliability of the society being original and not a hoax conduct.
Limited LiabilityLike many other forms of company registered under the companies Act, the registered society also holds certain level of limited liability when it comes to debt recovery from its operators or employees running the operations.
Credibility & TrustRegistration of the society leads to creation of trust and reliability in the market which brings the association of people. It is expected that there can be many such organization operating for person dishonest interest, therefore, to segregate the honest societies from the bunch of bogus ones, registration plays a crucial role.
Benefits & Tax ExemptionsSociety, being a legal separate entity operating in the welfare of the people, enjoys wide range of benefits and tax exemptions offered by the government. However, these benefits and exemptions can only be availed if the society is
Documents you will need for Society Registration
The following are the documents required for Society Registration in India:
PAN Card
PAN card of all the members of the proposed society has to be submitted along with the application.
Residence Proof
- The residence proof of all the members of the society also has to be submitted. The following can be used as valid residence proof:
- Bank Statement
- Aadhaar Card
- Utility Bill
- Driving License
- Passport
Memorandum of Association
- The memorandum of association has to be prepared which will contain the following clauses and information
- The work and the objectives of the society for which it is being established.
- The details of the members forming the society.
- It will contain the address of the registered office of the society.
Rules & Regulations of the Society
- The rules and regulations of the society also have to be prepared which will contain the following information:
- Rules and regulations by which the working of the society will be governed and the maintenance of day to day activities.
- It will contain the rules for taking the membership of the society.
- The details about the meetings of the society and the frequency with which they are going to be held is to be mentioned.
- Information about the Auditors.
- Forms of Arbitration in case of any dispute between the members of the society.
- Ways for the dissolution of the society will also be mentioned
Covering letter
- A covering letter mentioning the objective or the purpose for which the society is being formed will be annexed to the beginning of the application. It will be signed by all the founding members of the society.
- 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.
Proof of Address
- A copy of the proof of address where the registered office of the society will be located along with a NOC from the landlord if any has to be attached.
List of all the members
- A list of all the members of the governing body has to be given along with their signatures.
Declaration
- A declaration has to be given by the president of the proposed society that he is willing and competent to hold the said post.
- All the above documents have to be submitted to the Registrar of Societies along with the requisite fees in 2 copies. On receiving the application, the registrar will sign the first copy as acknowledgement and return it while keeping the second copy for approval. On proper vetting of the documents, the registrar will issue an Incorporation Certificate by allotting a registration number to it.
- The signed Rules & Regulations, as well as Memorandum, has to be filed with the concerned society or registrar of state with a mentioned fee. If the registrar is fulfilled with the society registration application, then they will certify that the society is registered.
Understand the Process for Society Registration
Following is the step-by-step procedure for Society Registration in India:
1: Gather Necessary Documents for Society Registration: Collect all required documents for society registration. Ensure a thorough review of these documents before proceeding with the application.
2: Complete the Online Application: Fill in the online application form. If you encounter difficulties accessing the website, seek guidance from an expert to initiate the society registration process in Delhi through offline means.
3: Submit Application to the Relevant Authority: Send the completed online application through the official portal. In case of any difficulty locating the portal, consider having experts visit the head office to submit the application for cooperative society registration in Delhi.
4: Attain Society Registration Certificate: After scrutinizing your application form, the head office will evaluate its satisfaction. Upon approval, you will be issued the society registration certificate.
Dissolution of a registered Society
As per the provisions of the Society Registration Act, the dissolution of a society registered under the Act can be initiated by either the Registrar of Cooperative Societies or at least one-tenth of the society members through a court of competent jurisdiction. The court, upon due consideration, may decree the dissolution of the society based on various grounds, including:
1: Violation of Act Provisions: If the society is found to have contravened any stipulation outlined in the Act.
1: Inadequate Society Membership: If the number of society members drops below seven, breaching the prescribed minimum.
1: Extended Period of Inactivity: Should the society remain non-functional for a period exceeding three years.
1: Financial Incapacity: In the event that the society is unable to settle its debts or fulfill its financial obligations.
1: Cancellation of Registration due to Public Policy Opposition: If the society’s registration is revoked due to activities or proposed actions conflicting with public policy.
When to Renew Society Registration Certificate in India?
Society Registration certificate is subject to renewal depending on the state and sometimes the kind of society you have registered. In order to renew the registration certificate, you need to keep following things in mind:
1: The Memorandum of Association of the 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.
2: The memorandum must contain the name of the society, the object of the society. Also, it consists of 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
3: Requesting society registration by providing covering letter, signed by all establishing members.
Renewal Process for Society Registration Certificate
For renewing the certificate of Society registration, follow the give steps
1: Prepare the application for the renewal, and fill in the form with details like personal information.
2: The renewal process is only possible if the registrar had not dispensed the certificate due to destruction, loss or any other relevant reason
3: Attach the documents with the application such as Account Audit, Financial Documents, affidavits. Member details, society registration certificate, etc
4: Submit the application and wait for the verification. Once verified, your will receive the renewal of the certificate for Society Registration.
How RegisterKaro assist you with Society Registration?
RegisterKaro brings the expert assistance to your door to turn our dream into a living reality. Our service toolkit has been of service to our longstanding clients for many reasons few of which could be counted on:
Expert AdvisoryRegisterKaro primarily assigns you an expert advisor for the Society registration process who will guide from the beginning to the end till you obtain the certificate of incorporation. The Expert assist you in designing the plan of action for the entire process.
Collection of DocumentsNext, RegisterKaro helps you in preparing and drafting all the required documents such as Memorandum of Association, Rules and Regulations or By-laws and further signed by all the members which is an important requirement in the society registration process.
Application FilingOnce all the documentation are drafting and prepared for filing, now RegisterKaro helps you in filing the application for Society Registration along with step-by-step consultation from our expert Advisor. We make sure that there is a consistent follow up on your application status. In case of rejected application, we also assist you in refiling of the same till you get the end results.
Registration CertificateOnce the department examine and approve your application, your Registration Certificate is Issued. The whole process takes approx 30-90 days (varies state to state as per their working process)
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FAQs
How many members required for society registration in Delhi?
There is minimum seven-member requirement for establishing the board for the society where the maximum limit has no cap. Board is the governing body for regulating the operations of the Society.
Who can register a society in India?
Any Individual [Indian or foreigner], company, or any other society is eligible to register for the society under the Indian Legislation. Therefore, they can register themselves in to the Memorandum of Association as its member.
What is the cost of society registration in India?
Society registration cost in India varies from Rs 15000 to Rs 25000 varying from state to state.
What is the minimum number of members in a society?
There is minimum seven-member requirement for establishing the board for the society where the maximum limit has no cap. Board is the governing body for regulating the operations of the Society.
Can family members be members of society?
Yes, family members from a single family can also be the member to the society. The main purpose of having the members on board is the establishment of the governing or regulating body for the operations of the society.
What are the benefits of registering society?
There are many benefits if you proceed with Society Registration which includes trust and reliability establishment, enjoyment of benefits and tax exemption offered by the government, legal status, limited liability, etc.
What are the society rules?
Society Rules includes the By-laws of the society and Memorandum of Association. By-laws are set of rules that set forth the operations and functioning of the society whereas the MoA is the set of rules defining the role, duty, and obligations of the Board Members which defines their hold on the society as well.
How to create a society?
Society can be created by anyone, by brining set of people together for the establishment of a board in furtherance of an objective which must be in relation to the welfare of the society. The society can be both registered and unregistered.
What are the steps for registering a society in India?
For the successful society registration, you need to follow the given step-by-step process Step 1. The first step begins with compilation and preparation of the paperwork including Members’ identification related documents [PAN, Aadhar Card, residency proof, affidavit] Step 2. Selection of the Society Name and then you need to verify the name with the government portal for its availability. [click here to search] Step 3. Drafting of Memorandum of Association & By-laws laying down the role and function of the members in the society, and the operation of the society Step 4. Fill in the application form for registration Step 5. Application will now be subject to assessment and verification. Once the verification process is completed, either your application will be rejected where you will have to file the application again with the correction or it will be approved. On the approval, your certification for society registration will be approved to you.
Who can be a member of society?
Any Individual [Indian or foreigner], company, or any other society is eligible to register for the society under the Indian Legislation. Therefore, they can register themselves in to the Memorandum of Association as its member.
Can a society register for GST?
According to the Indian Legislation, Society falls under the exemption list of the GST. Therefore, you do not have to register your Society for GST.
What is the checklist for registration of society?
All you need for registration of the society includes: PAN off the members, Aadhar card, passport size photos, MoA, By-laws, affidavit signed by the members, self-declaration by the president of the society, utility bills for address proof of the office.
Is society registration mandatory in India?
Society registration is not mandatory in India. You are allowed to run even an unregistered society. However, you will not be able to avail