Society Registration Process
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Section 8 Company Registration Overview
A society is a group of individuals who come together through mutual consent to deliberate, govern, and act collaboratively for the common good. Typically, societies promote charitable activities such as sports, music, culture, religion, art, education, etc.
In India, society registration is governed by the Society Registration Act, which regulates the procedures for society registration and operation. This legislation was passed to extend the legislative requirements for society registration to develop fine arts, science, literature, or disseminate information for practical objectives. Many state governments have adopted the Society Registration Act of 1860 with or without slight revisions.
Society Act of 1860
Under India’s Societies Registration Act, societies must follow specific procedures for registration and operation. The Act was passed to improve the legal conditions for society registration to promote free education, free treatment, fine arts, science, and awareness for various reasons. The Societies Registration Act, 1860, has been recognized by many state governments, with or without amendments.
Documents Required for Society Registration
The following documents are needed to register a society in India:
- PAN Card: All members of the proposed society must submit their PAN cards with the application.
- Proof of Residence: The domicile proof of all members of the society should be submitted. Acceptable documents include:
- Bank Statement
- Aadhaar Card
- Utility Bill
- Driving License
- Passport
- Memorandum of Association: This must include the society’s objectives, details of the members, and the location of the registered office.
- Society Rules & Regulations: These must include:
- Rules and regulations governing society’s operations and activities.
- Rules for applying for membership.
- Details concerning society meetings and their frequency.
- Contact information for the Auditors.
- Forms of arbitration in case of disputes among members.
- Methods for the dissolution of the society.
A cover letter stating the purpose of establishing the society must be attached to the application, signed by all founding members.
Proof of address for the society’s registered office, as well as a letter of authorization from the landlord, if applicable, should be submitted.
A list of the governing body members with their signatures must be provided.
Society Registration
A group of at least seven people can form a society. Businesses, foreigners, and other registered societies, in addition to Indian citizens, can apply for the society’s Memorandum of Association.
Similar to partnership firms, societies can be either unregistered or registered. However, only registered societies can own property and file lawsuits.
State governments are responsible for society registration. Therefore, the application for registration must be submitted to the specific authority in the state where the society’s registered office is located.
For registration, the founding members must agree on the society’s name, draft the memorandum, and establish the society’s rules and regulations.
The Naming Process
When deciding on a name for a society, it is important to remember that the Society Act of 1860 prohibits using a name that is the same or similar to one already registered. Additionally, the suggested name must not indicate any backing from the state government or the Indian government, nor should it violate the Emblems and Names Act, 1950.
Memorandum of Association
Every founding member must sign the society’s Memorandum of Association and Rules & Regulations, witnessed by a Gazetted Officer, Notary Public, Chartered Accountant, Oath Commissioner, Advocate, Magistrate first-class, or Chartered Accountant with their authorized stamping and detailed location.
The memorandum must include the society’s name and aim. It also contains details about the society’s members, such as their names, locations, titles, and occupations. For registration, the following documents must be prepared, signed, and submitted:
- A cover letter signed by all founding members requesting society registration.
- A duplicate of the society’s Memorandum of Association, along with a certified copy.
- A duplicate of the society’s Rules and Regulations, officially signed by all founding members.
- Address proof for the society’s registered office and a no-objection certificate (NOC) from the property owner.
- An affidavit signed by the society’s secretary or president stating the relationship between subscribers.
- Minutes of the meeting discussing the society’s registration and distribution of necessary documents.
Purpose of Society Registration
A society can be formed to advance fine arts, science, literature, or disseminate practical knowledge or charity political education goals. According to section 20 of the Society Act, 1860, a society registration can fulfill the following purposes:
- Promotion of fine arts.
- Dissemination of political education.
- Assistance to a charitable cause.
- Promotion of science and literature.
- Establishment of military orphan funds.
- Foundation or upkeep of galleries or public museums.
- Foundation or upkeep of reading rooms or libraries.
- Promotion, dissemination, or teaching of valuable knowledge.
- Collections of natural history.
- Collections of mechanical and philosophical inventions, designs, or instruments.
The president of the proposed society must sign a declaration that they are ready and capable of holding the position.
All preceding documents must be submitted in two copies to the Registrar of Societies, along with the required fees. Upon receiving the application, the registrar will sign the first copy and return it while keeping the second copy for approval. The registrar will issue an Incorporation Certificate after properly verifying the documents and assigning a registration number.
The signed Rules & Regulations and the Memorandum should be filed with the concerned society or state registrar with the fee. The registrar will certify that the society is registered if satisfied with the registration application.
