Society Registration

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What Is Society Registration?

          A society, according to the Society Registration Act of 1860, is a group or association of individuals organised and united for the goal of promoting and making development in the fields of art, education, culture, sports, and music, among other things. The society must have a minimum of 7 members in order to be registered. The society registration legislation, 1860, makes it essential for a group of individuals wanting to form a society to obtain society registration. As a result, it is critical for prospective society members to apply for society registration online so that the registration procedure can be completed as quickly as feasible. The state government is in charge of society registration. The society’s governing and general body members have a variety of responsibilities.

      The society’s affairs are managed by the governing body members, while general member tasks include the appointment of governing body members, the revision of the society’s name, objects, and rules and regulations. In India, a foreigner can also apply to join a society.

Purpose Of Society Registration

According to the society registration statute, the primary goal of registering a society is to promote and develop the arts, literature, and science, as well as to provide people with sufficient knowledge about these subjects in order to enhance consciousness. In most cases, a society is formed for the purpose of charitable contributions.

Every registered society must comply with society rules & regulations after online society registration.

As per the society registration act, a society can be incorporated for the following purposes –

  • Promotion of fine arts
  • Promotion of literature & science
  • Creation of military orphan funds
  • Grant of charitable assistance
  • Spreading political education to raise awareness among people
  • Promoting & spreading useful knowledge to people
  • Foundation or maintenance of reading rooms or libraries
  • Foundation or maintenance of galleries or public museums
  • Collections of Mechanical & Philosophical inventions, designs & instruments.
  • Collections of natural history

Memorandum Of Association Of The Society

Each establishing member must sign the Memorandum of the Society, as well as the rules and regulations, and have them witnessed by a Gazetted Officer, Chartered Accountant, first-class magistrate, Advocate, Oath Commissioner, or Notary Public with their official stamping and complete address. The memorandum of association must also include information about the society’s members, such as their names, addresses, employment, and titles. The following paperwork must be created, submitted, and signed in order to register a society:

  • Request for the registration of the society by providing a covering letter signed by all establishing members.
  • Duplicate copy of the Memorandum of society along with a certified copy.
  • Duplicate copy of society’s rules and regulations along with a duplicate copy signed by all the establishing members.
  • Address proof of society’s registered office along with the NOC (no-objection certificate) issued by the landlord.
  • Affidavit declaration by secretary or Society president to explain the relationship among subscribers.
  • Few minutes of the meeting regarding society’s registration along with some important documents

Documents Required For Society Registration

  • Formed rules can be changed, but a new set of rules must be signed by the President, Vice president, Chairman and Secretary of the society.

PAN card

PAN card of all the proposed members of the society along with the application

Residence proof

Residence proof of all the members of the society. A valid residence proof can be a –

Memorandum of association

It covers all the following clauses and information –

Articles of association

It covers all the following information –

Covering letter

A covering letter mentioning the purpose of establishing the society. It must be signed by all the founding members of the society.

List of governing members

List of governing members of the society along with their signatures.

Registered office address

Copy of proof of the registered office address along with no objection certificate (NOC) from the landlord (if rented).

Declaration by the Society President

A declaration made by the president of the proposed society to ensure his willingness & competence to hold this post.

Society Registration Procedure

The step by step procedure of incorporating a society is as  follows –

Important criteria

The minimal number of people required to form a society is the first and most important criterion for applying for society registration. A society must have a minimum of seven members to be formed. The Indian societies legislation makes it simple for enterprises or foreign nationals to form a society.

Searching a unique name

To register a society, you must first find a unique name that is not already in use and is accepted by all of the organization's members. The name proposed by the society members must not be identical to an existing society name; otherwise, the existing registration holder will object to your application, and it may be rejected. Any names that are prohibited by any other statutory laws will be rejected as well.

Preparation of MOA & Bye-laws

Each member of the society must sign the Memorandum of Association, as well as the society rules and regulations (Bye-laws), in the presence of an oath commissioner, Gazette officer, Notary public, Advocate, Chartered accountant, or first class magistrate, with their complete address and official stamps. All of these documents can be written on simple paper, typed, and printed. The society's designations should be evenly distributed among its members. The members of the society, collectively known as the governing body, are in charge of the group's operation. All members of the society are elected for a set length of time and can be re-elected through elections. The Memorandum of Association has a number of clauses. –

Drafting of rules & regulations

In the third step, rules & regulations are drafted and certified by the members of the governing body, i.e. Chairman, President & Vice-president.

Submission of required documents & registration application

In the fourth step, the MOA and bye-laws are registered with the state government's registrar of societies. The registrar of societies approves the application and issues a certificate of society registration to the governing body along with the Society registration number if the registrar of societies is satisfied with the society rules and regulations and the documents filed with the application by the governing body. The registration of a society usually takes one month from the time the application is submitted.

Advantages Of Society Registration

Limitations Of Society Registration

Frequently Asked Questions(FAQ’s)

1. Can Societies be formed for profits?

No, societies are formed to serve society and not to earn profits.

2. Where can I Register a society?

Registrar of societies i.e., District Registrar of a District is appointed and has the power to register the societies. Societies can be registered with the registrar of the District in which the society is intended to be established.

3. What is the maximum number of people to form a society/association?

A minimum number of 7 persons who are above 18 years of age can form a society or an association. There is no such limit for maximum number of persons

4. For what reasons a society/association is formed?

Association can be formed for the following reasons :
• Arts, literature, educaticational, cultural, charity, and religious
• Fine Arts, crafts
• Knowledge of commerce and industry
• Promotion of scientific temper in the society
• Political education and training
• Sports (excluding games of chance)
• Diffusion of any knowledge or any public purpose,
• Maintaining Library
• Collection/preservation of historical monuments, technical and philosophical research.

5. Can anyone other than a member of Society review records of society and duplicate it?

Yes, since records of the Society are regarded as public records. Under section 24, any person can get a duplicate copy of it and create a proof.

6. What guidelines should be kept in mind while deciding a name for the society?

The name should not be Similar to one effectively existing in the District. Name denied or registered by State or Central Government through official guidelines or through Emblems and Names (Prevention of Improper Use) Act, 1950. Indian Institute or University.

7. What are the follow-up actions after the society is registered?

The society should present a list to the Registrar of societies within fifteen days from the date of the General Body meeting every year. The list should contain the names and address of each member of the Managing Committee (Executive Committee) and officers entrusted with the administration of the society. Executive Committee should meet at least once in three months, and General Body shall meet at least once in a year. Amendments, if any, made should be recorded with the Registrar. Minutes of all the meetings should be recorded with the Registrar of Societies.
Society should choose Executive Committee members as per its by-law.

8.Can memorandum, by the law of society, be revised?

Memorandum can be revised by endorsement in a unique General Body Meeting called for the purpose after giving due notification and by approval another special General Body Meeting called after 30 days again. Bylaws can be altered by approval of a majority of members in Special General Body Meeting. Such corrected by-laws shall be filed with the Registrar within one month.