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
A society registration can be done for the development of fine arts, science, or literature or else for diffusion of purposeful knowledge or charitable purposes of political education. According to section 20 of Society Act, 1860, a society registration can be done for following purposes:
Promotion of fine arts- Diffusion of political education
- Grant of charitable assistance
- Promotion of science and literature
- Creation of military orphan funds
- Maintenance or foundation of galleries or public museum
- Maintenance or foundation of reading rooms or libraries
- Promotion or diffusion or instruction of useful knowledge
Steps for Registering a society In India
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 the society. 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.
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 society is situated.
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
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 state government or government of India or fascinate the provisions of Emblem & Names Act, 1950.
Memorandum of Association
The Memorandum of 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. The memorandum must also contain 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:
- Requesting society registration by providing covering letter, signed by all establishing members
- Duplicate copy of memorandum of association of society along with certified copy
- Duplicate copy of Rules & Regulations of society along with duplicate copy duly signed by all establishing members
- Address proof of registered office of society as well as no-objection certificate (NOC) issued by landlord
- Affidavit avowed by secretary or president of society declaring relationship among subscribers
- Few minutes of meeting regarding the society registration along with providing some essential documents.
Following are the documents required for the Society Registration in India:
1. PAN Card of all the members of the proposed society has to be submitted along with the application.
2. Residence Proof of all the members of the society also has to be submitted. The following can be used as a valid residence proof: voter id card; passport; aadhar card
3. Utility Bill of the premises where society is required to be registered.
4. Photo of all the members, with specification of their posts
5. 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
6. Articles of Association 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
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.
7. 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.
8. 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.
9. A list of all the members of the governing body has to be given along with their signatures.
10. 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 acknowledgment 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 concerned society or registrar of state with a mentioned fee. If the registrar is fulfilled with society registration application, then they will certify that the society is registered.