A society is an association of various individuals coming together with an objective to perform some act cooperatively adding to communal harmony. Societies are registered for further development of sports, music, culture, religion, art, education, etc.
To begin with, society registration and operation have set procedures under The Society Registration Act. Moreover, this act strengthened the legal compliances for Society Registration. These societies help in the advancement and growth of some very important sectors such as literature, fine arts, science or distribution of awareness for bountiful purposes. Similarly, the various state governments follow the Society Registration Act, 1860 with some amendments to it.
- Purpose of Society Registration
- Steps for Registering a society In India
- Documents required to register a society In India
- Documents required for registration
Society Registration Objective
A society registration happens for the development of fine arts, science, literature or charitable purposes. Section 20 of the Society Registration Act, 1860 states society registration purposes:
- Fine Arts Promotion
- Diffusion of political education
- Granting charitable assistance
- Science and Literature Promotion
- Military orphan funds creation
- Galleries or Public Museum – Foundation and maintenance
- Reading Rooms or Libraries – Foundation and maintenance
- Instruction of useful knowledge – Promotion or diffusion
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Steps for Registering a society In India
As a rule, the creation of society requires a minimum of 7 or more people. Indians, Companies, Foreigners, along with other registered societies can apply for the Memorandum of society. Like Partnership Firms, society can be either registered or unregistered. However, only the registered societies are able to hold the rights of properties or have any legal proceeding.
Moreover, the state government maintains Society Registration process. The Society Registration application is filed with the state authority. Usually, done where the registered society office is situated. For Society Registration the members must agree with the name first. Then the Memorandum, Rules and Regulations are prepared under the Society Registration Act, 1860.
Firstly, choosing a name for Society Registration requires the name to be unique. As per the Society Registration Act, 1860 an identical or similar name of a currently registered society is not allowed. Moreover, the suggested name should not convey any patronage of the state or the national government. Furthermore, it should not contradict with the provisions of the Emblem & Names Act, 1950.
Memorandum of Association
The Memorandum of Society with Society’s Rules and Regulations should be first signed by all the recognized members. Witnessed by the Gazetted Officer, Notary Officer, Chartered Accountant. Oath Commissioner, Advocate, First-class Magistrate with their stamping and complete address. The Memorandum must have information of members including name, addresses, designations, and occupations. These documents should be prepared, submitted and signed for registration:
- A Covering Letter signed by all the members, requesting society registration
- A certified copy of the Society’s Memorandum of Association along with a duplicate copy
- A duplicate copy of the Society’s Rules and Regulations along with a duplicate copy duly signed by all establishing members
- Society’s Registered office Address proof along with the landlord’s no-objection certificate – NOC
- An Affidavit issued by secretary or president of society mentioning subscriber relationships
- Minutes of the meeting related to the society registration apart from the essential documents
Documents Required for Society Registration in India
Essentially, these are the required documents for society registration in India:
1. Permanent Account Number (PAN) Card of all the members of the Society under Registration Process
2. Residence Proof of all the members of society. Below mentioned documents act as valid residence proof:
- Bank Statement
- Aadhaar Card
- Utility Bill
- Driving License
3. Preparation of Memorandum of Association including following clauses and information:
- First of all the scope of work along with the objectives of the society about to establish
- Particularly the details of members who are part of the society
- Besides the Address of society’s registered office
4. Preparation of Articles of Association including the following information:
- Society’s working Rules and Regulations for efficient governing including maintenance of regular activities
- Rules for availing society membership
- Including the details about the society meetings and the frequency at which they will be held
- Auditor’s information
- In case of any dispute between the members of the society, Arbitration Forms
- Options for the Society’s dissolution
Rules once made are replaceable. Subsequently, the President, Chairman, Vice President and the Secretary of the Society must sign the new set of rules.
5. A covering letter mentioning society’s objectives. annexed during application filing. Also, all the founding members of the society must duly sign the cover letter.
6. An Address Proof Copy of the registered office of the society attached with the NOC from the landlord.
7. A list of members of the governing body along with their signature.
8. A declaration of competency and willingness to hold the position of President of the proposed society.
Finally, the documents are submitted to the Registrar of Societies. Coupled with the mentioned fees in 2 copies. Registrar will sign the application on receiving the first copy as acknowledgement and return it whereas retaining the second copy for approval. Later, on completion of documentation, the registrar issues an Incorporation Certificate along with allotting a registration number.
So then the signed Rules and Regulations, Memorandum of Society are submitted to the registrar of the state with a pre-determined fee. Once the documents along with the society registration application are verified the authorities will issue the society registration certificate.