Society Registration

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Society Registration


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ABOUT Society Registration

In the vast tapestry of our interconnected lives, societies play a crucial role in shaping the foundation of communities.

Whether for social, cultural, or charitable purposes, formalizing a society through registration brings about a myriad of benefits that extend beyond mere paperwork.

In this blog post, we delve into the significance of society registration, exploring its advantages and the positive impact it can have on community development.

Advantages

Easy To Form

The formation of a society is very simple as compared to the formation of any other form of business organizations. Any ten adults can join together and form a cooperative society. The procedure involves in the registration of a society is very simple and easy. No legal formalities are required for the formation of society.

Limited Liability

The liabilities of the members of the society are limited to the extent of capital contributed by them. Hence, they are relieved from the fear of attachment of their private property, in case of the society suffers financial losses.

Service Motive

In society members are provided with better good and services at reasonable prices. The society also provides financial help to its members. the concessional rates. It assists in setting up production units and marketing of produces c small business houses so also small farmers for their agricultural products.

Defined Structure and Governance

Society registration necessitates the establishment of a clear organizational structure and governance framework. This ensures transparency, accountability, and efficient decision-making processes within the society, fostering a culture of responsible leadership.

Membership

Unless and otherwise specifically debarred, the membership of society is open to everybody. Nobody is obstructed to join on the basis of religion, caste, creed, sex and color etc. A person can become a member of a society at any time he likes and can leave the society when he does not like to continue as member.

Access to Funding

Registered societies have greater access to funding opportunities, including government grants, philanthropic donations, and corporate sponsorships. Funding agencies often require a legal entity to disburse funds, and society registration fulfills this requirement.

Minimum Requirements

  • Minimum 7 Members.
  • No PAN Card required.
  • The objective shall be scientific, literary & for charitable purpose.

Documents Required For Registration

  • Application Form :Complete the prescribed application form for society registration. This form is usually available from the relevant government department or authority responsible for registering societies.
  • Memorandum of Association (MOA):Draft a Memorandum of Association outlining the objectives, goals, and purpose of the society. This document serves as a blueprint for the society's activities and must be signed by all founding members.
  • Rules and Regulations :Prepare a set of rules and regulations governing the internal functioning of the society. This document typically covers aspects such as membership criteria, election procedures, meetings, and other operational details.
  • Proof of Registered Office :Provide evidence of the registered office of the society. This could be a utility bill, rent agreement, or ownership document for the registered office premises.
  • List of Members :Provide a list of all founding members of the society, including their names, addresses, occupations, and signatures. Some jurisdictions may require a minimum number of members to register a society.
  • Identity Proof of Members:Attach photocopies of the identity proofs (such as Aadhar cards, passports, or driver's licenses) of all founding members.
  • Address Proof of Members :Submit proof of address for each member. This can include utility bills, rental agreements, or any other document that verifies the residential address.
  • Letter of Consent :Obtain a 'No Objection Certificate' or a letter of consent from the landlord of the registered office premises, if applicable.
  • Declaration by Members :Include a declaration signed by all members affirming their willingness to become part of the society and stating that they have not been convicted of any offense involving moral turpitude.

STEPS TO SOCIETY REGISTRATION

  • Choose a Suitable Name :Select a unique and meaningful name for your society that aligns with its objectives.
  • Prepare the Memorandum :Clearly outline the purpose, activities, and rules governing the society in these foundational documents.
  • Gather Required Documents :Collect the necessary documents, including identification and address proof of members, along with the MOA and Rules & Regulations.
  • Submit Application :Submit the application for society registration to the relevant government authority, along with the required fee.
  • Obtain Registration Certificate :Once approved, the society will receive a registration certificate, marking its official recognition.

Registered Office Proof

  • Register office of all companies must be in India .If it is a Rented Property, Rent agreement and NOC from a landlord. If it is a Self-owned Property, Electricity bill or any other address proof.
  • Documents submitted must be valid and not more than 2 month old.

Process

Memorandum of Association

The MOA includes several clauses such as the name of the society, address of the registered office, object for the formation of society and details of the general body.

Rules and Regulations

  • The rules and regulations, when formulated, need to be signed and certified by three office bearers of the society (usually the Chairman, President and Vice- president or secretary and the president, as applicable).
  • Both these documents must then be signed by each of the founding members, witnessed by a notary public or chartered accountant with their official stamp and address.
  • Before applying for registration, one need to ensure the clauses mentioned in both MoA and the rules are discussed and approved by the members. The ‘Object clause’ in the MOA should clearly state the purpose of formation of the society. This clause may be crucial for the inclusion of the society under the Act.

Frequently Asked Questions

Who can be the members of a society?

Members as given in the memorandum shall be a person who has been admitted according to the rules and regulations of the society and have paid the subscription and signed the list of members. A person shall not be entitled to vote or be counted as a member in any of the proceedings of the society whose subscription is in arrears (The time limit for receiving the subscription should generally be specified in the rules and regulations of the society).

Governing Body under the Societies Registration Act,1860 can be said to be consisting of the Governor’s council, Committee, trustees or some other body by whatever name called to whom or to which by the rules and regulations of the society the management of its affairs is entrusted.

General Body of a society comprises of all the members who have subscribed to the memorandum of the society.

The members of the governing body are the Trustees of the Property of the Society. The property whether movable or immovable vests with the society’s trustees.

In general all the documents of the society to be filed with the registrar of the societies should be signed by the President or the Chairman or the Secretary of the Society or by any other person specifically authorized in this behalf.

A society can be formed by “Any Seven or more persons associated for any literary, scientific or charitable purpose, or for any such purpose as described in Section 20 of this Act, may, by subscribing their names to a memorandum of association, and filing the same with registrar of Joint Stock Companies (The word Joint Stock Companies has been replaced by respective state acts as either Registrar of Societies or Inspector General of registration or as the respective State Act may specify) form themselves into a society under this Act”.

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