Society Registration

Documents Required for Society Registration

• 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 –
  1. Aadhaar card
  2. Passport
  3. Utility bills such as Electricity bill, Water bill, Mobile bill, Gas bill etc.
  4. Driving license
  5. Bank statement
• Memorandum of association – It covers all the following clauses and information –
  1. Name, address, designations & occupation of the society members
  2. Address of the registered office
  3. Objectives of the society
• Articles of association – It covers all the following information –
  1. Rules & regulations pertaining to the society & maintenance of day to day activities.
  2. Rules for taking society membership
  3. Details about society meeting along with its frequency
  4. Form of arbitration in case any dispute arises between the members of the society
  5. Auditors information
  6. Ways for society dissolution

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.

• 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 –

• Major criteria – The first & the major criteria essential to apply for society registration is the minimum number of persons required to form a society. A minimum of 7 members are required to form a society. It becomes easy for companies or foreign nationals to form a society under the Indian societies act.
• Searching a unique name – To register a society, you must search for a unique name that should not be duplicated and accepted by all the members of society. A Society name proposed by the society members should not match with any existing society name; otherwise your application will be opposed by the existing registration holder, and it may get rejected. Names prohibited by any other statutory provisions will also get excluded.
• Preparation of MOA & Bye-laws – Memorandum of association along with society rules & regulations (Bye-laws), must be signed by each and every member of the society in the presence of oath commissioner, Gazette officer, Notary public, Advocate, Chartered accountant or first class magistrate with their complete address along with official stamps. All these documents can be written/typed/printed on plain paper. Designations should be properly distributed among the members of the society. The functioning of the society is controlled by the members of the society collectively called the governing body. All the society members are elected for a specific period and can be re-elected through elections again. There are various clauses under the Memorandum of association –
  • Name clause
  • Object clause
  • Registered office clause
  • General body member clause & list
  • Governing body member/Office bearers clause & list
• 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 document of MOA & bye-laws are filed to the registrar of society under the state government. If the registrar of societies is satisfied with the society rules and regulations and the documents filed along with the application by the governing body, the registrar approved the application and issues a certificate of society registration to the governing body along with the Society registration number. The society registration generally takes one month from the date of submission of the application.

Advantages of Society Registration

1. Once a society is registered, it will be considered as a separate legal entity.
2. Society contains the right to buy, sell, rent or lease property.
3. A society can borrow money or even enter into any legal contract in its own name.
4. A society is provided exemption from Income tax.
5. The members of the society are not personally liable for any debt or obligations.

Limitations of Society Registration

1. Neither a system of equity investment nor a system of ownership exists in a society.
2. It is basically made for the benefit of the people of the society and not for the aim of earning profits. It is basically incorporated for a charitable purpose.
3. Lack of professionalism
4. Not allowed to accept deposits from the public.