Society is an alliance of volunteers that works for a charitable cause. Societies were usually set up and registered for the upliftment of charitable activities such as culture, sports, education, art, music, etc. These societies typically operate as per the procedures given under the Society Registration Act. Thus, this act is a legal body that governs the action of such societies. In the article, you will learn about the range of documents required for society registration, along with the process of registration.
This act came into action, intending to uplift the legal obligations of society registration for the development of fine arts, literature, and science. Many state governments have already accepted this act without exception.
Purpose of Society Registration
In general, Society seeks registration whenever they wish to engage with a charitable purpose such as the development of science, arts, or literature. However, section 20 of the Society Act, 1860[1], outlined the role of these societies and allowed them to serve the following purposes.
- Upliftment of fine arts
- Distribution of political-based education
- Charitable assistance
- Stretching the footprint of science and literature
- Funding arrangement for military orphan
- Maintenance of public museum.
- Foundation of galleries.
- Setting up libraries for the specific Society.
- Arranging maintenance for reading rooms.
- Establishing ways for the distribution of beneficial knowledge.
- Accumulation of natural history.
- Collection of Antiques and old inventions, whether mechanical or philosophical.
Main features of Society registration
The features of Society registration is given below:
- There is a requirement for Society Registration of a minimum of seven or more members.
- In case of companies or societies that are registered outside India are concerned in registering a society in India then will have to subscribe to the Memorandum of a society situated in India.
- It is not mandatory to register a society in India. Nonetheless, by registering a society there is an advantage of getting a legal protection and be eligible for the benefits offered by government.
Documents required for Society Registration
- Application for registration and PAN card of the founding members.
- Address proof of all the founding members. The applicant can furnish the following detail as proof of residence.
- Aadhaar Card
- Bank Statement
- Driving License
- Utility Bill
- Passport
- Memorandum of Association stating the following clauses.
- The objectives behind the establishment of Society.
- Scope of work
- Complete briefing of the founding member, such as an address, name, and designation.
- The address of the Society
- Rules & Regulations of the Society stating the following information:
- Rules and regulations that govern the conduct of Society along with its day to day activities.
- Guidelines for obtaining the membership of the Society.
- Guidelines regarding the meeting arrangement and its frequency.
- Details of the in-house auditors.
- Forms of Arbitration for the settlement of the dispute between the Society’s members.
- Provisions supporting the Society’s dissolution
Any alteration on the rule book seeks approval of the founding members, president, or secretary of the Society.
- A cover letter briefing the Society’s objective behind its establishment. The applicant needs to attach this letter with the application after getting approval from the founding members.
- A duplicate copy of Address proof providing substantial evidence where the office is situated. NOC has to be furnished in case of the rented property.
- A complete list of members associated with the governing body along with their signatures.
- Declaration stating the president’s commitment towards roles and responsibility. For more details, you may please feel free to contact us.
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Procedure for society registration in India
A minimum of the seven members is required for the establishment of Society. The society registration is not just limited to Indian nationals. An individual from an overseas location is eligible to raise society registration. Apart from these entities, registered societies can also avail the registration for the Memorandum of association of the Society. In a nutshell, Society follows the footprint of the partnership firm when it comes to the operating scenarios. The registered Society is less exposed to the risk of consigned properties and has a lawsuit filed against or by the Society. A state government manages society registration. Thus, a member seeking society registration needs to fill up the application for the same and furnish it to the state’s specific authority.
Here are the following conditions that need to be fulfilled for the society registration
- The founding member needs to decide the name of the Society with a mutual agreement.
- Establishing the Memorandum of Society.
- Outlining the Rules & Regulations for Society.
Name Selection
While deciding the society name, the founding member should keep in mind the use of an identical name is strictly prohibited under the Society Act, 1860. Additionally, the proposed name shall not conflict with the provisions of the Emblem and Names Act, 1950.
Memorandum of Association
Memorandum of Association of the Society is incomplete without the approval of its founding members and core participants. All the Society members must authenticate the MOA under the supervision of Notary Public, Oath Commissioner, Gazetted Officer, and Chartered Accountant. These entities act a witness for MOA authorization and render their approval through official stamping and complete address. The MOA is a briefing of Society’s constitutions and its scope of work. In short, MOA act as a foundation for a registered entity. Here the checklist of documents that an applicant need for registration purpose.
- Covering letter stating a formal request for society registration. The principal members should sign it.
- Duplicate and a certified copy of MOA.
- A duplicate copy stating rules & Regulations of Society.
- A duplicate copy of rules & regulations of Society contains the signature of all founding members.
- Proof regarding the registered office’s address and NOC from the landlord in case of the rented property.
- An affidavit stating the declaration of secretary or Society’s president regarding the relationship among subscribers.
- The original copy of the minute of the meeting exhibiting the matter of registration.
- Essential documents supporting the registration.
Articles of Association
AOA shall be prepared which will contain the following information:
- Rules and regulations of working of the society
- rules for taking the membership of the society
- details about the meetings of the society and the time period with which it will be held
- Information about Auditors
- Forms of Arbitration
- Methods for the dissolution of the society
A covering letter
The covering letter shall mention the objective or the purpose of the society it shall be signed by all the founding members of the society. A declaration shall be made by the president of the proposed society that he is prepared and competent to hold the said post.
All the above documents have to be submitted to the Registrar of Societies and after verifying the same the registrar will issue an Incorporation Certificate by allotting a registration number to it.
Conclusion
After scrutinizing & approving the documents, the authority will furnish the certificate of incorporation to the Society. The signed Memorandum, as well as Rules & Regulations has to be filed with the registrar of state with a mentioned fee. If the registrar is fulfilled with an application, they will authenticate that the Society is registered. Feel free to ask any question to CorpBiz‘s experts regarding the Documents required for society registration or the procedure for registration.
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