What do you mean by Society Registration?
Society is defined as an entity or group of people who come together for the social welfare of the society not for the motive of earning profit. Registration of Society is not compulsory but it is always beneficial to obtain registration as it provides legal status to such society. Society registration can be obtained by subscribing their names to Memorandum of Association and communicating the same with the registrar under section 20 of the Society Registration Act, 1860 by the non-commercial organization with seven or more persons who come together for any scientific, literary or charitable purposes or for purposes as mentioned under that section.
Society registration can be obtained by the following persons as mentioned below as per section 20 of the Society Registration Act, 1860:
1. Charitable Societies
2. The military orphan funds or societies established at the several presidencies of India
3. Societies established for
- the promotion of science, literature, or the fine arts for instruction
- the diffusion of useful knowledge and political education
- the foundation or maintenance of libraries or reading-rooms for general use by the members or public
4. Public museums and galleries of
- Paintings and other works of art
- Collections of natural history
- Mechanical and philosophical inventions
What are the characteristics of Society registration?
There are following features of Society registration:
- Minimum 7 or more members are required to obtain registration of Society.
- Subscription to the memorandum of Society shall be required to be done by people, companies or societies registered outside India and are interested to start a society in India.
- Society registration in India is not mandatory however with society registration such society get the various advantages offered by the government and also provides such Society a legal status and protection.
For what purposes the Society Registration is obtained?
The core focus of society is performing the activities with the objective of welfare of the society. For improving or advancing the legal status of all the Societies in India, such Society registration is obtained which also provide a legal identity to the society as a result Society Registration Act, 1860 becomes important and it governs the Society registration in India.
What are the steps to obtain Society Registration?
Procedure to register the Society is governed by the Section 12 of the Society Registration Act, 1860. Such section also enables the society to alter, extend or abridge the purpose or purposes for which it was established initially. Amalgamation of Society with the other society either wholly or partially can also be done by the Society.
Following are the steps to be followed for obtaining registration:
1. Finalizing the Society Name
The name of the society must be in accordance to the Society Act, 1860 and must not match with the other registered society otherwise the same shall not be approved by the authority. Moreover while finalizing the Society name; it should be kept in mind that the proposed name should not violate the provisions of Emblem & Names Act, 1950. Such proposed name must not contain any word of phrase which may be objected upon by the Government or a community.
2. Memorandum of Association (MOA)
The following information are required to be included while drafting the MOA according to the Section 2 of The Society Registration Act, 1860.
- Name of the society name
- Society’s registered office
- Society’s area of operation
- Society’s aims / visions / objectives / goals
- Director’s name, address and other details as required, details of council or other members of the governing body who are authorized to regulate the activities of the Society.
- Governing body
- Desirous persons
Society’s rules and regulations which is certified by not less than 3 members of the governing body along with the Memorandum of Association is required to be submitted.
3. Rules and Regulations
While framing the rules, following details must be mentioned in relation to Society registration:
- Society’s constitution
- Membership and Subscription
- Member’s Termination
- Office Bearer’s Details
- Office Bearer’s Duties
- Society’s Income Source along with Bank Accounts
- Society’s Dissolution
- Legal Dispute’s Provision
Note: The list is not exhaustive and may include other details as per individual instance.
4. Filing of application of Society Registration
As the State Government governs the Society Registration due to which the application for Society registration is required to be filed with the prescribed authority of the state, where the registered office of society is situated along with the requisite fees as prescribed by the state government.
What are the documents required for Society Registration in India?
Below mentioned documents shall be needed for obtaining the registration of Society in India:
- A cover letter with a request of society registration under the law.
- Memorandum of Association (MOA)
- Society’s rules and regulations Copy
- List containing the details of all the members of Society
- Office bearer’s affidavits
- All members are required to provide the address proof
- Address proof of registered address, or No Objection Certificate (NOC) from the Landlord where the property is on rent.
2 Copies of all the above mentioned documents along with the requisite fees shall be required to be submitted to the Registrar of the Societies. Among 2 copies one shall be returned as an acknowledgment to the applicant. Certification of Incorporation along with the registration number shall be granted after the careful examination of the submitted documents.
What are the minimum requirements for Society Registration?
Minimum 7 members (Indian residents, companies, foreigners, as well as other registered societies) are required to register the society. To avail the various benefits offered by the government such society registration is necessary which is governed by the Society Registration Act, 1860. Society registration application is filed with the specific state authority where the registered office of society is situated. The members of the society are required to finalize the Society name and Memorandum of Association (MOA) in which rules and regulations of the society are defined before applying for society registration with the registrar.
Frequently Asked Questions about Society Registration
Apart from individuals, following are eligible for subscribing the memorandum of society:
- Partnership Firm
- Registered Society
Main components of a memorandum of association of a society are mentioned below:
- Society Name
- Society’s main object
- Basic details of 7 or more members of the Society such as name, address etc.
- Details of the society’s registered office
Rights of a member are mentioned below:
- Right to vote
- Right to receive notices & copies of the bye-laws
- Right to receive a statement of accounts
- Right to attend the general meeting of the society
Below mentioned steps are required to be followed:
- A general meeting is required to be organized for changing the name in which
- Majority of the members shall pass the resolution regarding the name change in the general meeting.
- Registrar of companies shall be provided with a notice which must be signed by the secretary and the members of the society regarding the changing the name of the Society.
No, profits of the Society shall not be distributed to the members of the society according to Section 14 of the Society Registration Act, 1860.