A society is an organized group of people with an aim and objective that is often charitable or nonprofit in nature. Registering a society in India involves a legal process that ensures the entity is recognized by the law and can function effectively. This article outlines the step-by-step procedure for society registration in India, helping you navigate the process smoothly.
- Understand the Legal Framework
In India, societies are registered under the Societies Registration Act, 1860. The act lays down the legal framework for registration, operation, and regulation of societies. A society can be registered for various purposes including promotion of literature, science, arts, education, charity, and more.
- Gather the Required Members
A society requires a minimum of seven members to register. These members can be individuals, companies, or other registered societies. It’s important to have a clear understanding of the roles and responsibilities of each member.
- Choose a Unique Name
The name of the society should be unique and not resemble any existing society or trademark. The name should also not suggest any patronage by the government of India or any state government without permission. Verify the availability of the name with the Registrar of Societies.
- Prepare the Memorandum of Association (MoA)
The Memorandum of Association (MoA) is a crucial document that outlines the fundamental aspects of the society. It should include:
- The name of the society.
- The registered office address.
- The aims and objectives of the society.
- The names, addresses, and occupations of the members of the governing body.
- Draft the Rules and Regulations
Along with the MoA, you need to prepare the rules and regulations of the society. This document should detail:
- Membership criteria.
- Powers, functions, and responsibilities of office bearers.
- Procedures for meetings and quorum.
- Methods for resolving disputes.
- Procedures for amendments to the MoA and rules.
- Procedures for dissolution of the society.
- Sign the Documents
The MoA and rules and regulations should be signed by at least seven members, along with witnesses. Each signature should be followed by the member’s full name, address, and occupation.
- Submit the Application
Once the documents are prepared and signed, submit them to the Registrar of Societies in the respective state where the society’s registered office is situated. The application should include:
- Covering letter signed by all founding members.
- Memorandum of Association (MoA).
- Rules and regulations.
- Affidavit sworn by the president or secretary.
- Address proof of the registered office.
- ID proof of all the members of the society.
- Pay the Registration Fee
The registration fee varies from state to state. Pay the prescribed fee at the time of submission of the documents. The fee is usually nominal and should be paid via demand draft or challan.
- Obtain the Certificate of Registration
Once the Registrar of Societies verifies the documents and is satisfied with the compliance, they will issue a Certificate of Registration. This certificate is the legal proof of the society’s existence.
- Post-Registration Compliance
After obtaining the registration certificate, the society needs to comply with certain ongoing requirements:
- Maintain proper accounts and records.
- Conduct annual general meetings (AGMs).
- File annual returns with the Registrar of Societies.
- Ensure compliance with any other state-specific regulations.
Conclusion
Registering a society in India involves a detailed process that ensures the entity operates within the legal framework. By following the above steps carefully, you can ensure a smooth and successful registration of your society. TaxFillingIndia can assist you throughout this process, providing expert guidance and support to make society registration hassle-free.