Keynotes on Society Registration
It takes 10 to 15 days for Society Registration
Completely online service - No physical presence required
No minimum capital requirement
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A group of people or an entity may work not to earn profit but in order to perform welfare of the common public. Their activity can help the community and its welfare. They can choose society registration to achieve legal status. A non-commercial company with seven or more individuals coming for any literary, scientific or charitable reasons or for any reason stated under section 20 of the Society Registration Act, 1860 are eligible to perform Society Registration. They need to subscribe their names in a Memorandum of Association and also filing to the register with the same.
According to Section 20 under the Society Registration Act 1860, following entities can apply for Society Registration:
The Military orphan funds or societies set up at the many presidencies across India
Charitable Societies
Public Museums and Galleries of
Collections of natural history
Paintings and other art works
Instruments
Philosophical and mechanical discoveries
Designs
Societies set up for
Distribution of important knowledge
Promotion of literature, science or the fine arts for instruction
Foundation and maintenance of reading rooms or libraries for common use among the members
Distribution of political knowledge
What are the significant characteristics of society registration?
Following features are included in society registration:
For companies, individuals or societies registered outside India can be interested to start a society in India. They need to subscribe to the Memorandum of a Society in India.
At least 7 or more members are needed for society registration
It is not compulsory to register a society in India. However legal protection can be obtained with society registration. They get a number facilities offered by government.
The most important purpose of society registration is to offer legal status to the societies in India. It facilitates improvement of the complete legal conditions of societies. Therefore, Society Registration Act is vital. Society Registration is controlled by Society Registration Act.
According to Section 12 of the Act, purpose or purposes of society registration can be modified, abridged, extended due to any reason is coming under the scope of the Act. Even amalgamation of society can be taken place completely or partially with any other society. The process of Society Registration is controlled by Section 12 of the Act.
An application for society registration is to be done with the particular state authority where the registered office of the society is there. Before applying for society registration with the registrar, existing members need to be consistent with the name of the society. After that, finalization of Memorandum of Association is done. The rules and regulations of the society are described in the Memorandum of Association.
1. Finalize the Name of the Society – At the time of finalization of the name of the society, it is required to fulfil the Society Act, 1860. The name of the proposed society should not be similar or identical to any already registered society. Else this will not get approval of the authority. The proposed name should not violate the norms or regulations of Central Government or State Government. It is mandatory to follow the provisions of Emblem & Names Act, 1950 while finalizing the name. The proposed name should not have any phrase or word that may violate any community or government.
2. Memorandum of Association – According to the Society Registration Act, Section 2, a Memorandum of Association must contain the following:
The registered office of the society
Name of the society
Objectives and aims of the society
Area in which the society is supposed to operate
Governing body
Name, address and other details of the governing body such as director, council and other members who will be involved in management of the society
Interested individuals
A photocopy of the rules and regulations of the society certified by minimum 3 members of the governing body is required to be filed.
3. Rules and Regulations – The rules must include the following details in accordance with society registration:
Subscription and membership
Constitution of the Society
Details of the office bearers
Termination of the members
Source of income of bank accounts of society
Tasks of the office bearers
Election
Meetings
Audit
Provision of Legal Disputes
Distribution of the Society
Note – The list is not complete and may differ according to individual case.
4. Application of File for Society Registration – Society Registration is managed by the State Government. Therefore the application for society registration must be submitted to the approved authority of the state where the society's registered office is there. The state government decide the requisite fees of the registration.
Following documents are needed to register a society in India:
Memorandum of Association
A cover letter with a request for society registration
List of members of the society
Photocopy of rules and regulation of the Society
Residential proof of the members
Affidavits of the office bearers
No objection certificate from the landlord or proof of registered address
2 copies of all the above documents must be submitted to Registrar of the Societies with the prescribed requisite fee. One copy should be returned as acknowledgement. After a thorough verification of the documents, an Incorporation Certificate with a registration number will be given.
It ensures cooperation.
It facilitates teamwork
It conveys synergy
It makes rules of actions for peaceful living
It educates to share and care
It contributes a balance between independence and inter-dependence
It cuts the cost of living and offers physical and psychological protection
Society uses coercive processes for fulfilment of social standards
It makes rules to manage individual freedom. Enhanced physical and mental pressure can be involved that is harmful for health of an individual.
Apart from individuals, following are eligible to subscribe the memorandum of society:
Company
Foreigners
Registered Society
Partnership Firm
Memorandum of association of a society contains the following components:
Object of the society
Name of the society
Details of the society's registered office
Details of the 7 or more members of the Society like name, address and others
Following are the rights of a member:
Right to acquire notices and copies of the bye-laws
Right to vote
Right for participating in the general meeting of the society
Right for obtaining statement of accounts
Following rules are required to be followed to change the name of the society:
A general meeting should be organized
A resolution should be approved by the majority of the members
A notice about the change of name should be submitted with the registrar that is required to be signed by the members and secretary of the society.
According to Society Registration Act, 1860, Section 14, members cannot get profits.
No, members of the same family cannot make a society. While registering a society in one state, its area of operation will be in that state only.
Society Registration Process is as follows:
Step 1 - Selection of unique name
Step 2 - Making Memorandum of Association along with rules and regulations
Various Clauses are included in the Memorandum of Association like:
Registered office clause
Name clause
General body member clause and their list
Objection clause
Executive body and office bearer clause and list
Following clauses are included in the Rules and Regulations Clauses:
Subscription clause
Membership clause
Governing body or committee clause
Meeting clause
Legal process
Auditor
Conclusion
Step 3 – Other important documents are:
Certified copy of duly passed resolution for society registration resolution
Cover letter related to request for society registration duly signed by the founding members
Minutes of the meeting
Id Proof and address proof of the members
Declaration by the president of the society
Step 4 – Submission of documents
The memorandum of association along with rules and regulations documents needs to be filed to the registrar of the society of the state. The fee is as specified by the State Government. Once registrar will be satisfied with the documents and terms and conditions of the organization, he will certify the society as registered.
