Here’s all you need to know about society registration

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Summary – Here, you will get to know everything related to society registration including the procedure for the same, required documentation and more.

A society is defined as an association of individuals with a mutual agreement to deliberate, govern and cooperate with each other for a communal purpose. Usually, societies are formed to promote charitable causes including education, culture, arts, etc. and are not focused on making profits. A society is a type of NGO (Non-Governmental Organization). The Society Registration Act formed in 1860 governs the registration of societies in the country. This Act focuses on legalizing the activities that they carry out and bringing uniformity in governing such organizations.

When it comes to society registration, this Act lays down some procedures for the societies’ and their operations sake. Also, several state governments have accepted the same with or without any further amendments for the welfare of societies in the specific state.

Why society registration is important?

Usually, societies are registered for the development of specific aspects, diffusion of knowledge and promotion of charitable purposes. As per the Act created in 1860, a society registration is done for the following purposes.

  • Promotion of Literature, Science and Fine Arts
  • Grant of charitable assistance
  • Diffusion of knowledge
  • Creation of Military Orphan Funds
  • Formation and maintenance of public museums, galleries, libraries, and reading rooms

Besides these, there can be other reasons as well to register a society as per the amendment of the Act.

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Society registration procedure to be followed

As all the states in India have adopted this act and made some amendments, there could be slight changes in the rules and regulations from one state to another. Do keep in mind that society registrations have to be approved by the state government before these are presented to the Registrar of Societies of each state. The registration of a society is done in two parts including Memorandum of Association and Society’s rules and regulations.

The Memorandum of Association (MoA) comprises clauses including the society’s name, the registered office address, object of forming the society and the general body details. The Rules and Regulations should be addressed via questions such as how to obtain membership to the society, what rules govern the society and members of it, how meetings should be organized, how the governing body and committee will be formed, when to appoint auditors, how legal matters will be settled and what can the reasons for dissolution of the society be.

When the society is formed, the rules and regulations have to be signed and certified by the society’s three office bearers of the same including the President, Vice-President or Secretary and Chairman. Both these documents have to be signed by all the founding members and witnessed either by a chartered accountant or notary public with the official address and stamp.

Make sure that the clauses mentioned in the rules and regulations and MoA are discussed earlier and approved by the members. One of the most crucial clauses is the ‘Object clause’ in the MoA and it should state the purpose behind the society’s formation. It will be useful to hire an expert from VakilSearch to help you handle the process and include all clauses.

Documents required for society registration

To proceed with the registration of your society, you need to have the necessary documents ready. Apart from the MoA and rules and regulations, there are other documents needed for the secure registration process and these have to be submitted to the Registrar. These documents are mentioned below.

  • A letter signed by all the founding members requesting registration
  • A certified copy of the Memorandum of Association signed by the founding members alongside a duplicate
  • A certified copy of the framed rules and regulations that is signed by the founding members alongside a duplicate
  • Minutes of the general body meeting
  • A table with the names, occupation, and address of all the founding members
  • Declaration of the society’s president
  • Address proof of the office and a no-objection certificate signed by the landlord
  • A sworn affidavit declaring the relationship existing between the subscribers from either the President or the Secretary

All these documents should be filled along with the Registrar and the fees. A unique and suitable name should be suggested and it should not violate the Emblem and Names Act, 1950 provisions.

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