Overview of Society Registration
Societies in India are primarily constituted for the fulfilment of charitable objectives. To register a society in a respective state, the founding members must comply with specific conditions as cited under the Societies Registration Act of 1860. Once registered, the society has to follow the post-registration norms as directed by the competent authority to stay compliant.
What is a Society as per Societies Registration Act, 1860?
Society refers to an institution in which a group of individuals with common interests collectively act together to serve some functions. Such societies are ruled by the Societies Registration Act of 1860, and the said Act is subjected to amendments. The provisions for society registration are cited under the said Act. Societies in India are usually formed for meeting charitable goals. Albeit registration of these institutions is not mandatory, it is ideal to obtain the same for better recognition and growth.
Objectives served by Society as per Governing Legislation
Society registration is required to advocate the science, fine arts, literature, or knowledge sharing for the charitable matter. Moreover, Society may also come to effect to maintain a commercial or residential complex or establish the Apartment Association.
As per Section 20 of the Society Act, 1860, a society can be registered for the given purposes:
Benefits of Society Registration in India
Eligibility Criteria for obtaining Society Registration
Any seven or more individuals associated for any scientific, literary, or charitable purpose, or for any such purpose as is mentioned under Section 20 of Societies Registration Act of 1860, may, by subscribing their names to MoA and authorizing the same with the Registrar of Joint-stock Companies form a society under the said Act.
Mandatory Documentations for Society Registration
Following are some mandatory documents required for Society Registration
Covering Letter A covering letter reflecting Society's proposed objective should be affixed to the application for society registration. It must enclose the signature of all founding members.
- Proof of Address
A copy of the evidence of address where the Society's registered office shall be located along with a NOC from the landlord, if any, must be attached.
- List of all Members
A listicle of all serving members of the governing body must be disclosed along with their signatures.
A declaration must be provided by the Society's president clarifying that he is competent to hold the said post.
Mandatory Enclosures of Memorandum of Association (MoA)
The MoA of the Society has to be drafted, and it should enclose the given particulars and clauses:
Rules and Regulations of the Society
The Rules and Regulations of the Society have to be drafted, and they must reflect the following particulars.
Please note the drafted rules and regulations can be amended from time to time with the permission of key members and officials of the Society.
All the said documentations have to be furnished to the Registrar of Societies along with the standard fees in 2 copies. Upon receiving such an application, the registrar shall enclose his signature in the first copy as acknowledgement and revert it while keeping the second copy for approval.
Upon apt inspection of the documentation, the registration shall grant the certificate of incorporation by assigning a registration number to it.
Process of Society Registration
- Submit the application along with the affidavit in a standard format with aforesaid documents to the concerned Registrar
- Draft a Memorandum of Association (MOA) and By-laws in the duplicate enclosing signature of three founding members.
- Draft, a Board Resolution, reflecting the consent of founding members for constituting the society
- Draft an affidavit on stamp paper worth Rs 10 regarding the confirmation about the legitimacy of society’s name and address
- Make the payment regarding the registration
Society compliances post registration
A trust shall, post-registration, shall address the following legalities:
Applicability of tax exemption
There is a general misconception that registered Society does need not address any tax liability. However, that is not the case; like any other legal entity, Society is accountable to pay taxes. The Society must obtain 80G certification from IT authorities to avail exemption.