A society is an organization of several individuals combined in a mutual accord to deliberate, govern and act cooperatively for some common purpose. Societies are usually registered for the development of charitable activities such as sports, music, culture, religion, art, education, etc.
The Society Registration Act, in India, lays down specific procedures for the sake of registration of societies as well as operation. This Act was implemented to augment the legal terms of registration for the progression of literature, fine arts, science, or allotment of awareness for numerous purposes.
What are the benefits of society registration?
The benefits of registration of society are-
Legal status
It can open its current account
Delegated under the income tax act
Legal identification before authorities
Registered society can sue
What are the features of society registration?
The features of registration of society are-
Minimum 7 persons are required to form a society
After registration of the society, the society gets legal protection and benefits offered by the government
What are the documents needed to register Society in India?
List of documents required to register society –
PAN
Residential proof
Memorandum of Association
Articles of Association
Cover letter
Address proof of the registered office
List of members
Self-declaration form
What is the purpose of registration of society?
The purpose for which Societies are formed are as follows-
Funds for charitable assistance
development of Military funds
Science endorsement
Literature
Fine Arts
Command of useful knowledge,
Distribution of political education,
Maintenance of libraries
Public museum
Collections of native history,
Mechanical inventions,
Instruments
Designs
What are the steps for Society registration in India?
An individual does not need to be a citizen of India to register for a society. Any individual who desires to be a part of society can be an Indian citizen or foreign individual. The respective state governments sustain the registration of the society.
For registering a Society, the members must agree with the name of the society
MOA of the Society
The Memorandum must be signed by every member of society, witnessed by gazette officers, notary Republic, Chartered accountant, Magistrate first-class, or CA with their official stamp and complete address.
The Memorandum must contain the personal details of all its members.
The following documents are required for registering as a society:
A duplicate copy of MOA along with the certified copy.
A duplicate copy of rules and regulations signed by all the members.
An Affidavit by the president of the society declaring the relationship between subscribers.
Apply along with two copies of each document mentioned above to the registrar of the society of the concerned state for society registration. Authority will sign one copy as acknowledgement and return the second copy to the applicant if approved. After receiving the receipt of the application, the registrar will examine the application for its accuracy and will grant the Certificate of Registration.
What are the things that must be in mind while selecting a name for the society?
According to the Society Act, 1860,
The name of the society can’t be identical or similar to any of the registered society.
The name should not be against the Government of India
The title should not be against any particular community
What are the rights of the registered society’s members?
The following rights are available to the members of society:
What are the questions mandatory for rules and regulations of registration society?
The rules & regulations again should have the following questions-
How can we obtain the membership & subscription from the society?
What rules & regulations should govern society as well as its members?
How are the meetings to be organized?
How will the governing body be formed?
When can the auditors be appointed?
How can we settle the legal matters?
What can be the reasons for closure?
Is Society Registration prohibited for Profit Purpose?
The formation of society certainly is prohibited under the Society Registration Act, 1860, for any profit orientation. In any case or any social structure, the profit motive for ‘personal use’ is strictly disentitled.
Society Registration as per section 8 of Companies Act prohibits payment of any extra profits to its members, as part of the benefit received by any means.
What do you mean by the Memorandum of Association under the Society Registration?
The Memorandum of Association is a lawful deed portraying and reciting the objective of its presence and procedure of the society. It describes the all acceptable range of the social enterprise. Their sufficient care must be taken while drafting the document. Systematically, it discusses all the powers on the society that will logically require for total completion of the matters.
What are the strategies for drafting a memorandum of association stated in the society registration act?
Society’s Name
The identification of a Society is vital and has to get done with an extreme level of observation and consultancy. Therefore, the Registrar of Society can come to suggest alternative names in case the same name is not used by other prevailing societies.
Besides, it should not fix the name of the society for any offensiveness, and needfully uphold the decency and pride of it.
The name of the society should not promote conflict or feelings of hatred or ill-will between diverse religions of any place.
The name should not hurt and indulge the honor of all castes or group of people,
The name should not resemble with any other name of prevailing registered society.
It should always end with the suffix ‘Trust”.
The Emblems and Names Act, 1950, should be considered as the name should in a way that it does not entice the provisions.
Registered Office and Its Objectives
It is obvious from the Society Registration Act that it is essential to mention the ‘address of the registered office’ in the Memorandum of Association of the planned Society. All the activities of the society should be within the structure of the objective clause.
Names and Address Proof of Governors, Councils, and Directors of Commission
The Society Registration Act, along with the State Act, requires that the Memorandum of Association should comprise the all names, addresses, and profession of the Governors, Councils, and Directors of Commission.
Signatures of the Council and Rules & Regulation
The rules and regulations of the planned society must be signed by at least 3 members of the administrative body. Additionally, the requirements of the organization are determined to boundary and direct the members of the governing body of the society.
Conclusion
Society registration helps in improving the public life of people in the country. People nowadays come forward to form a society for the betterment of everyone. If you are willing to establish a Society and wants registration with no difficulty, feel free to reach us at Corpbiz for any assistance.