Society Registration, under the Society Registration Act outlines specific procedures for the registration and operation of societies. Read on to learn about societies registration rules in India.
A society is a group of people who have agreed to work together for a specific goal by deliberating, making decisions, and acting as a unit. Typically, societies are established to improve charitable endeavors such as those related to sports, music, culture, religion, and education. The Society Registration Act, of 1860, in India, lays out the process for registering and operating a society in that country. In this blog, we will explain society registration rules in India.
With the help of Vakilseach professionals, one can easily register a society online. Their professionals can help you in any legal situation.
Societies Act of 1860
To improve the legal requirements for societies’ registration for the promotion of literature, science, or the fine arts, or for the dissemination of practical knowledge for charitable purposes, the Societies Registration Act was introduced in 1860.
Most state governments have implemented the Societies Registration Act of 1860 with or without additional modifications.
The Purposes of Society Registration
A society may be established to advance the fine arts, sciences, or literature, to spread useful information, to educate people about current events, or carry out charitable endeavors. A society may be registered for the following purposes, as per Section 20 of the Societies Act of 1860:
- Charitable assistance donation.
- Creation of a fund for military orphans.
- Advancing science
- Literature promotion
- Encourages the fine arts.
- Promotion, education, or the spread of useful knowledge.
- Political education’s diffusion.
- Construction or upkeep of libraries or reading rooms.
- Establishing or maintaining public museums or galleries.
According to the amendments made to the Societies Act, of 1860 by the relevant State Government, a Society may be registered for purposes other than those listed above and those outlined in the Societies Act, of 1860.
Society Registration in India
At least seven people are required to form a society, but more is preferred. A society’s memorandum can be subscribed to by individuals from India as well as by foreigners, businesses, and other registered societies. Societies have the same registered and unregistered status options as partnership firms.
Only registered societies, though, can own vested property and/or bring a lawsuit on their behalf or in opposition to the Society. State governments oversee society registration. So, the relevant authority in the State where the Society’s registered office will be located must receive the application for registration of the society.
The founding members must first decide on a name for the society and draft the society’s memorandum and rules and regulations before they can register the society.
Choosing a Name for Your Society
It’s crucial to keep in mind that, by the Societies Act of 1860, a society’s name cannot be the same as or similar to one already registered with the government. The proposed name for the society must also not imply support from the Government of India or any State Government or be susceptible to the restrictions of the 1950 Emblem and Names Act.
Memorandum of a Society
After that, each of the founding members must sign the Memorandum of the Society
and the Rules and Regulations of the Society, and their signatures must be witnessed by an Oath Commissioner, Notary Public, Gazetted Officer, Advocate, Chartered Accountant, or Magistrate 1st Class, who must also put their official stamp and full address on the documents.
Documents Needed to Register a Society in India
The following papers must be submitted in order to register a society in India:
PAN Card:
All members of the proposed society must present a PAN card with their application.
Residence Proof:
All society members must also submit proof of residency. The following items are acceptable forms of residence verification:
- Bank Statement
- Aadhaar Card
- Utility Bill
- Driving License
- Passport
Memorandum of Association:
The memorandum of association has to be prepared.
Society Registration Rules
Additionally, the following information must be included in the rules and regulations of society:
The guidelines and laws will govern how society operates and how daily operations will be maintained.
- The requirements for joining society will be outlined in it.
- It is necessary to provide information regarding the society’s meetings, including their schedule and frequency.
- Details about the Auditors.
- In the event of a disagreement between society members, various forms of arbitration.
- Once the rules have been established, they can be modified, but the President, Chairman, Vice President, and Secretary of the Society must sign the altered rules.
Covering letter:
The application will be accompanied by a cover letter that describes the goal or reason the society is being formed. All of the founding members of the society will sign it.
Proof of Office Address:
A copy of the proof of address where the society’s registered office will be located, along with a NOC from the landlord if one is required.
List of all the Members:
Each member of the governing body must sign the document and provide a list of their names.
Declaration:
The president of the proposed society must certify that he is qualified and willing to serve in the aforementioned role.
Each of the aforementioned documents must be provided to the Registrar of Societies in two copies along with the necessary fees. The registrar will sign the application’s first copy as acknowledgment and return it after receiving it, keeping the second copy for approval.
The registrar will issue an incorporation certificate after thoroughly reviewing the documents and assigning a registration number to it. The applicable society or state registrar must receive the Rules & Regulations and Memorandum signed and accompanied by the necessary filing fees. The registrar will certify that the society is registered if the requirements of the application for society registration are met.
One can contact Vakilsearch for more details, and their expert legal professionals will clear up any questions you may have.
Benefits of Society Registration
A Society is considered to be its legal entity once it has been registered. The society has the authority to sign legal agreements in its name and to lease, rent, buy, or sell the property.
Any debts or obligations incurred by the society are not personally owed by any members. except when the debt results from endeavors made to make a profit. The right to income tax exemption also belongs to Society.
Conclusion
We hope that after reading this article, you have a better understanding of the society registration rules in India.
Since it is a legal procedure, it requires the assistance of legal experts like Vakilsearch. Their professionals have decades of knowledge and can help you with any legal issue.
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