Indian societies are registered and run by the Society Registration Act, which contains laws and regulations governing their registration and operation. Education, religion, art, culture, music, sports activities, and other charitable activities are the reasons societies are formed.
Some of the characteristics of the Act are also specified
- 1 Some of the characteristics of the Act are also specified
- 2 Documents to be submitted
- 3 Memorandum of Association
- 4 Bylaws and regulations of society
- 5 How The Registration Procedure Should Be Followed
- At least seven people must be involved in forming a society.
- There are several registered societies outside India and in foreign countries that individuals and companies can subscribe to.
- It is possible for societies to be unregistered, whereas only registered societies are protected by law and can receive government assistance.
Purposes of Society
As a society must have a charitable purpose in order to be legally recognized and registered under the Societies Act, these philanthropic endeavors are appropriate:
It is a worthy cause to contribute to science, literature, the performing arts, libraries, military orphan funds, knowledge, museums, galleries and any other cause that is approved by the government.
Purpose of the Act
Consequently, this law is significant because it governs the formation of societies, their registration, and their governance. Drafting the act was intended to improve Society’s overall legal situation and give them legal status in India. Depending on how a society behaves, it may have a significant impact on the civic life of a country.
Documents to be submitted
Registration of a society requires the following documents:
The application must include a copy of each member’s PAN card
As part of the membership process, all members are required to provide proof of residency. The following forms of proof of residency are acceptable:
- Statement of Bank Accounts
- Aadhaar Card
- Bill for utility services
- Driver’s License
Memorandum of Association
The following clauses and information must be included in the Society’s Memorandum of Association:
- The work and goals of society
- Details about the Society’s members;
- Society’s registered office address
Bylaws and regulations of society
A set of rules and regulations must also be drafted for the Society, which includes the following:
- Social business procedures and rules governing the Society’s day-to-day operations;
- What the Society’s membership procedures are and how often it meets;
- Detailed information about the frequency of the Society’s conferences and meetings.
- The document will include information about the Society’s auditors as well as how it can be disbanded
Prior to implementation of the new rules, the Society’s President, Chairman, Vice President, and Secretary must sign them.
Letter of Coverage
It will be possible for all of the Society’s founding members to sign a cover letter stating why the Society is being formed.
The Society’s proof of address and a letter of authorization from the landlord, if necessary, should be attached to the registration documents.
Members of the organization
It is required that all members of the governing body sign.
An official declaration
A declaration stating that the president of the proposed society is willing and qualified to hold the position must be signed by the president.
As well as the appropriate fees, the Registrar of Societies requires two copies of each of the above documents. After receiving the application, the registrar will sign it and return it as an acknowledgment, keeping a second copy for approval. After the Incorporation Certificate has been adequately vetted, the registrar will assign it a registration number.
How The Registration Procedure Should Be Followed
There may be minor differences in the rules and regulations between Indian states because this act was adopted and amended by all Indian states. Registrars of Societies in each state must first approve society registrations before they can be submitted to them. Registration for a society involves the Memorandum of Association and the Society’s rules and regulations.
An organization’s Memorandum of Association (MoA) includes its name, address, reason for formation, and other general information. The Rules and Regulations should address questions about how to join, what rules govern members, how meetings are organized, how committees and the governing body are formed, when auditors must be appointed, when legal matters must be resolved, and why the Society should dissolve.
Three of the Society’s office bearers must sign and certify the Society’s rules and regulations when it is formed, including the President, Vice-President, and Chairman. Both of these documents must be signed by a notary public or chartered accountant on behalf of the founding members of the company.
It is important that the members have discussed and approved the clauses in the rules and regulations and Memorandum of Agreement. One of the most important clauses in the Memorandum of Association is the Object Clause, which explains why the Society was established. To ensure that all clauses are included, hire an expert who will guide you through the process. For the registration of a society, a proper guide will be helpful.
Having a society recognized as a legal entity allows its members to collect funds or apply for tax exemptions on their behalf. It is common misconception that societies are exempt from taxation, but this is not true. Societies must pay taxes, just like any other legal entity does. For the Society to claim the exemption, the IT authorities must issue it with an 80G certification.
The registration of a society requires many documents. Consequently, with the help of the legal expert, it becomes easier to obtain such documents and not miss any deadlines.