Do you know that for registering a society, there are certain mandatory documents that you would need? Read this blog to know everything related to the same.
There are laws and regulations in the Societies Registration Act which govern the registration of societies in India and their operation in the country. Societies are formed for charitable activities like education, religion, art and culture, music and sports activities, and so on.
The Act Also Specifies Some Characteristics
- To form a Society, there must be at least seven people involved.
- Individuals and companies can subscribe to the Memorandum of Society and other registered societies based outside India or in a foreign country.
- Societies can be registered or unregistered. In contrast, only registered Societies are legally protected and can benefit from the Government’s support.
Society’s Purposes
For a society to be legally recognized and registered under the Societies Act, it must have a charitable purpose. The next philanthropic endeavours should be the focus of such organizations:
Science, literature, the performing arts, libraries, military orphan funds, knowledge, museums, galleries, and any other cause the Government may approve are all worthy causes.
Act’s Purpose
Drafting the act was intended to improve Society’s overall legal situation and to give them legal status in India. Consequently, this law is significant because it governs the formation of Society and its registration and governance. The actions of a society can significantly influence the well-being of the country’s civic life.
Required Documents
The Documents required for Society Registration:
PAN Card
A copy of each member’s PAN card must be included with the application
Proof of Residence
All members of the Society must provide proof of residency as well. The following is acceptable proof of residence:
- Bank Statement
- Aadhaar Card
- Utility Bill
- Driver’s License
- Passport
Memorandum of Association
It is necessary to draft a Memorandum of Association for the Society that includes the following clauses and information:
- Society’s work and goal
- The details of the members forming the Society;
- Society office’s registered address
Society’s By laws and Regulations
It’s also necessary to prepare the Society’s rules and regulations, which will include the following:
- The rules and regulations governing the Society day-to-day operations and the conduct of social business;
- The procedures for joining the Society and the frequency of its meetings;
- Any other relevant information about the Society’s conferences and meetings’ frequency.
- Additional details on how the Society can be disbanded as well as information about its auditors will be included in the document
The new rules must be signed by the Society’s President, Chairman, Vice President, and Secretary before they can be implemented.
Covering Letter
A cover letter stating why the Society is being formed will be attached to the beginning of the application. All of the Society’s founding members will be able to sign it.
Proof of 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 necessary.
All the Members Of The Organisation
The signatures of all the members of the governing body are required.
Declaration
The president of the proposed Society must sign a declaration stating that he is willing and qualified to hold the position above.
The Registrar of Societies requires two copies of each of the above documents and the appropriate fees. The registrar will sign and return the first copy of the application upon receipt as acknowledgment but will keep the second copy for approval. The registrar will assign a registration number to the Incorporation Certificate after it has been adequately vetted.
The Procedure To Be Followed For The Registration
As all Indian states have adopted and amended this act, there may be minor differences in the rules and regulations from state to state. Before submitting a society registration to the Registrar of Societies in each state, it is essential to remember that the state government must first approve the registration. The Memorandum of Association and the Society’s rules and regulations are two parts of the registration process for the Society.
Name, address, the reason for formation, and other general information are all included in the Memorandum of Association (MoA). Questions about how to join the Society, what rules govern the members, how meetings are organized, how the governing body and committee are formed, when to appoint auditors, how legal matters are settled, and what are the reasons for dissolving the Society should be addressed in the Rules and Regulations.
The Society’s three office bearers, including the President, Vice-President or Secretary, and Chairman, must sign and certify the Society’s rules and regulations when the Society is formed. A notary public or a chartered accountant must be present to sign both of these documents on behalf of the company’s founding members.
Ensure the members have discussed and approved the clauses mentioned in the rules and regulations and MoA. The ‘Object Clause’ in the MOA is one of the most important clauses and should explain why the Society was formed. Hire a expert to guide you through the process and ensure that all clauses are included. A proper guidance will be helpful for the registration of a society.
A society can be recognized as its separate legal entity, allowing members to collect funds or apply for tax exemptions on their behalf. In the minds of many, a registered Society is exempt from taxation. That is not the case. Taxes must be paid by Society, just like any other legal entity. The IT (Income Tax) authorities must issue an 80G certification to the Society before it can claim the exemption.
Conclusion:
When it comes to society registration, there are multiple documents which one requires. Hence, with the help of the legal expert is becomes easier to get hold of such documents and not missing any deadline. This is where you can approach the professionals at Vakilsearch who are always there to provide the extended support whenever needed.
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