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+91- 8422985681
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09833628008
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hr@kshitijconsultancy.com
What is Society?
The Societies Registration Act, 1860 is a legislation in India which allows the registration of entities generally involved in the benefit of society - education, health, employment etc. The device of "society" was evolved to fulfill the need of an institution of non-commercial nature for promotion of numerous charitable activities like education, art, religion, culture, music and sport etc.
Associations, clubs or societies are formed to help further these causes because they work on non-profit basis.
The need for a legal entity, which could own, possess and manage the funds and assets for achievement of charitable or promotional objects, as laid down by donors, is the result of these endeavors. A society can be formed to achieve this end.
A society has been variously defined. It has been described as a company or association of persons (generally unincorporated) united together by mutual consent to deliberate, determine and act jointly for common purpose.
Advantages of Society Registration
1. Separate entity status
A nonprofit corporation (or LLC) has its own separate existence. It can enter into its own contracts, sue and be sued in its own name and is responsible for its own contractual and other obligations. In an informal or non-statutory nonprofit, the person entering into contracts in his or her own name can be liable if there is a breach of the contract.
2. Perpetual existence
A nonprofit corporation or LLC has a statutory right to exist in perpetuity. An informal organization does not have that.
3. Limited liability protection
A nonprofit corporation (or LLC) protects directors, officers and members (if it has any members) against being held personally responsible for their company’s debts and liabilities. Because that limited liability protection is provided for by statute, an informal organization does not have that.
4. Tax-exempt Status
Nonprofit corporations (or LLCs) can apply for both federal and state tax-exempt status. While a group or association that has not been formed under state law can apply for tax-exempt status it is generally easier for a statutory business entity (and especially a corporation) to get IRS approval.
Documents Required for Society Registration
Copy of Memorandum of Society (Signed by President, Secretary & treasurer on each page.)
Copy of Rules & Regulations (Signed by President, Secretary & treasurer on each page.)
Desirous person list should be attached by Notary.
NOC from owner of Property.
Affidavit from President of Society or General Secretary Worth Rs. 10/- Stamp paper.
ID proof of all the Subscribers with latest Photographs is required (Notarised).
Call Us at : 8422985681 / 9833628008
PACKAGES
Basic
9999 /-
Inclusive all taxes
State Society Registration
Memorandum of Society
Rules & Regulations of society
PAN card
GST Registration
Premium
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Inclusive all taxes
Standard
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Inclusive all taxes
Procedure For Society Registration
Selecting Appropriate Name of Society
While selecting name of any society make ensure that proposed name do not resemble with the existing Societies and subject to the restriction or prohibition under Emblem and names Act, 1950.Memorandum and Rules and Regulations (By Laws)
After selection of Name our society registration expert will draft and prepare of Memorandum and Rules and Regulations (By Laws) of your society and gather all the necessary supporting documents for its registration.Submission of Further Documents To Registrar
After drafting the bye laws, our expert will submit it along with the supporting documents to the Registrar of Societies. At the time of registration all the members have to personally present before the authority.Purposes for which society can be registered
Promotion of Science.
Promotion of Literature.
Promotion of Fine Arts.
Diffusion of Useful Knowledge.
Grant of Charitable Assistance.
Creation of Military Orphan Funds.
Foundation or Maintenance of Libraries or Reading Rooms.
Foundation or Maintenance of Public Museum or Galleries.
Social Welfare.
Social Development.
Other required social and charitable Objective.
Things to consider while registering as a society :
- The Emblems Act,1950 prohibits the use of any name, emblems, official seal etc. as specified in the Act without previous permission of competent authority.
- No heroes name or others name must be kept.
- The name consulting must be taken to avoid the above situations.
- The MOA must contain the following like
- The name of the society.
- The objects of the society.
- The names, addresses, and occupations of the govern, council, directors,committee, or other governing body to whom by the rules of the society, the management of its affairs is entrusted.
How the Memorandum Of A Society Is Created
The Memorandum, the Rules and Regulations of the Society must be signed by all the founding members, and should be witnessed by an Oath Commissioner, the Notary Public, the Gazette Officer, an Advocate, a Chartered Accountant or it can be a Magistrate 1st Class with their official stamp in it and the complete address. The documents which must be prepared, signed and submitted for the registration of society are mentioned as follows :
- There must be a covering letter requesting the registration of the society, and it must be signed by all founding members.
- The memorandum of Association of the Society must be given in duplicate and along with a certified copy.
- The Rules and Regulation of the Society must be signed by the founding members and the duplicate copy of it should be given.
- There must be affidavit shown by the President or Secretary of the Society and there should be the stating of relationship between the subscribers.
- An address proof for registered office of the society must be given along with an No Objection Certificate taken from the landlord.
All the signed Memorandum and the Rules and Regulations must all be filed with concerned Registrar of those societies of that particular state along with the prescribed fees. If the Registrar becomes satisfied with the given application than only the Registrar would certify or allow that particular society to be registered.
FAQ’s About Society Registration
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What is a society registration ?
A society is a group of like minded people who are gathered for a common cause. The group is put together by unanimous consent of the members. The society is a representation of the togetherness and the determination of the people for working for a single cause as a team. -
What is the minimum number of members required to register ?
The minimum number of members required are 7 without which a society cannot be incorporated. -
How a Society differ from trust?
- Trust governed by the Indian Trust Act, 1882 while Societies governed by Societies Registration Act, 1860.
- Minimum 2 Members are required for Trust while for Society minimum 7 Members are required.
- Trust Deed can be altered by supplementary trust Deed while in case of Societies Both Memorandum as well as Rules and Regulations needs to be altered.
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What are the Compliance after registration of Societies?
“Every year the society within fifteen days from the date of the General Body meeting shall submit a list to the Registrar of societies. And that list shall contain the names and addresses of the members of the Managing Committee (Executive Committee) and officers entrusted with the management of the society. Executive Committee shall meet at least once in three months; and General Body shall meet at least once in a year.
Amendments, if any, made shall be filed with Registrar. Minutes of all the meetings shall be filed with the Registrar of Societies. Society shall elect Executive Committee members as per its bye law.” -
Are the records of the society public ?
Yes the records of the society are public and a society is established promoting transparency of the activities. Hence Any one is authorised to view the same. -
Can the Name be of national Heroes?
No according to The Emblems Act,1950 prohibits the use of any name, emblems, official seal etc. as specified in the Act without previous permission of competent authority. In the above it includes the names of the national heroes to not be included. -
What to expect from society registration ?
- The MOA should be established.
- Should be established for a social cause and without a set cause incorporation of society is not possible.
- Should not be done with a revenue model for personal use,
- The Society registration act falls under The Societies Registration Act, 1860 which defines all the legal terms associated with incorporating a society.
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Why go with society Registration ?
Registering the society provides the following things
- For opening a bank account.
- For getting registration and also approval under Income Tax Act.
- For the lawful and proper vesting of properties of those societies.
- Giving a recognition to the society in all forums and before all authorities.
- The case can be filed in the name of certain office bearers or any trustees, as it is provided or given by the Rules and Regulation of that society.
- It can also be filed in the name of any such persons as may have been appointed by the governing body of the society.
In the absence of the registration a society has got no legal status power or value and it has no power to sue or be sued.
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