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Society Registration

FORMATION OF SOCIETY

SOCIETY can be formed in the following categories.

1. Society -Resident Welfare Association.
2. Society- For NGOs.
3. Co-Operative Society.
4. Producer Co-operative Society
5. Farmers Co-operative Society.
6. Housing Co-Operative Society.
7. Credit Co-operative Society.
8. Consumer Co-Operative Society.

Society

Besides Individual, below mention person can form a society by subscribing Memorandum of society.

1. Partnership firm.
2. Limited Liabilities Partnership.
3. Registered Society
4. Limited/Private Limited Company
5. Foreigners
>>>> minors are not eligible>>>

The signing of the Memorandum of Association

All subscribers (minimum 7) should sign each page of the memorandum and the signature should be witnessed by an Oath Commissioner, Notary Public, Gazetted Officer, Advocate, Chartered Accountant, Magistrate First Class with their rubber/official stamp and complete address.

Advantages of Society Registration

  1. After incorporation society can become a legal entity.
  2. Society can make a contract in its own name. no member of society can have a personal interest in any assets of the society.
  3. Members are not personally liable for any debts or obligations of society.
  4. There are several tax benefits such as Income Tax, etc.
  5. The donor can take benefit u/s 80G,  after donating the amount to the trust.

Following objective cause:-

  1. As per S.2(15) of the Income Tax Act, 1961, unless the context otherwise requires, the term “charitable purpose” includes
    1. relief of the poor,
    2. education,
    3. yoga,
    4. medical relief,
    5. preservation of the environment (including watersheds, forests, and wildlife) and preservation of monuments or places or objects of artistic or historic interest, and
    6. the advancement of any other object of general public utility

For Society, Registration is mandatory under and it differs from state to state.

  1. For Society Registration under Sub Registrar,/SDM Office it depends vary state to state.
  2. If society is incorporated Non-Benefit Purpose than they can go for 12A & 80G. If the society does not want to pay tax on its surplus donation then it has to apply Registration U/s 12A under the Income Tax Act,1961, to exempt their donation. ( 12AA Certificate)
  3. If society wants the donor should take benefit of a donation than trust can apply U/s 80G ( 80G Certificate).
  4. 12AA & 80G Certificate are valid up to five years, afterward, it can be renewed for the next five years.

Documents required for registration of the society.

  1. Request Letter for registration of society stating in the body of letter various documents annexed therein.
  2. Memorandum of Association in duplicate along with a certified copy.
  3. Rules and regulations (RR)
  4. Where there is a reference to any particular existing places of worship like a temple, masjid, gurdwara, etc. sufficient documentary proof establishing legal competence and control of applicant society over such places should be filed.
  5. Affidavit of non-judicial stamp paper of appropriate value by President or Secretary of the office.
  6. Proof of Address:- house tax receipt, rent receipt in respect premises have shown as registered office of a society or ‘No Objection Certificate’ from the owner of the society.

All about Trust.

FORMATION OF SOCIETY

SOCIETY can be formed in the following categories.

  1. Society -Resident Welfare Association.
    2. Society- For NGOs.
  2. Co-Operative Society.
  3. Producer Co-operative Society
  4. Farmers Co-operative Society.
  5. Housing Co-Operative Society.
  6. Credit Co-operative Society.
  7. Consumer Co-Operative Society.

Society

Besides Individual, below mention person can form a society by subscribing Memorandum of society.

  1. Partnership firm.
  2. Limited Liabilities Partnership.
  3. Registered Society
  4. Limited/Private Limited Company
  5. Foreigners

 

>>>> minors are not eligible>>>

 Advantages of Society Registration

  1. After incorporation society can become a legal entity.
  2. Society can make a contract in its own name. no member of society can have a personal interest in any assets of the society.
  3. Members are not personally liable for any debts or obligations of society.
  4. There are several tax benefits such as Income Tax, etc.
  5. The donor can take benefit u/s 80G,  after donating the amount to the trust.

The signing of the Memorandum of Association

 

All subscribers (minimum 7) should sign each page of the memorandum and the signature should be witnessed by an Oath Commissioner, Notary Public, Gazetted Officer, Advocate, Chartered Accountant, Magistrate First Class with their rubber/official stamp and complete address.

Rules & Regulations of the Society also have to be prepared which will contain the following information:

  • Rules and regulations by which the working of the society will be governed and the maintenance of day to day activities
  • It will contain the rules for taking the membership of the society
  • The details about the meetings of the society and the frequency with which they are going to be held is to be mentioned
  • Information about the Auditors
  • Forms of Arbitration in case of any dispute between the members of the society
  • Ways for the dissolution of the society will also be mentioned

Once the rules have been formed, they can be changed but the new set of rules will be signed by the President, Chairman, Vice President, and the Secretary of the Society.

Documents required for registration of the society.

  1. Request Letter for registration of society stating in the body of letter various documents annexed therein.
  2. Memorandum of Association in duplicate along with a certified copy.
  3. Rules and regulations (RR)
  4. Where there is a reference to any particular existing places of worship like a temple, masjid, gurdwara, etc. sufficient documentary proof establishing legal competence and control of applicant society over such places should be filed.
  5. Affidavit of non-judicial stamp paper of appropriate value by President or Secretary of the office.
  6. Proof of Address:- house tax receipt, rent receipt in respect premises have shown as registered office of a society or ‘No Objection Certificate’ from the owner of the society.

 

GUIDELINES FOR DRAFTING MEMORANDUM OF ASSOCIATION

Name Cause

When selecting a name for society registration, it is vital to understand that according to the Society Act, 1860, an identical or similar name of a currently registered society will not be allowed. Moreover, the proposed name shall not suggest any patronage of state government or the government of India or fascinate the provisions of the Emblem & Names Act, 1950.

Registered Office of the Society

Even though Act does not require the mention of the address of the society in the Memorandum of Association of the society, it is always better to mention the address of the registered office in the memorandum so that communication or notices may be sent to the society at such address.

 

Objectives of the Society

This clause is very important. The society once formed has to act within the framework of the object clause. Any action of the society outside the framework of the object clause may be declared as beyond the permitted scope of the society besides being null and void. Therefore, it is advisable to draft the object clause with full caution and care keeping in view the present and future requirements of the society.

Names & Address Of Governors, Councils, Directors of Committee

 

Principle Act and the State Act require that the Memorandum should contain the names, addresses, and occupation of member with the designation .

 

These office bearers have a distinct existence from individual members. The administration and management of the society are interested in them jointly.

 

Rules & Regulations of the Society

 

The rules and regulations of the society are framed to guide the members of the governing body or the persons interested in the management of the society to regulate the functions of the society and for its internal management. The rules help the management in carrying out the objects of the society. They are binding on the members of the society. The rules, which are inconsistent with the provisions of the Act, are inoperative although registered with the Registrar of Societies.

 

Signature on Rules & Regulations

 

The rules should be signed by at least three members of the governing body.

 

The registration gives the society a legal status and is essential for opening bank accounts, obtaining registration and approvals under the Income Tax Act, lawful vesting properties of societies, and gives recognition to the society at all forums and before all authorities.

When the society is registered, it and its members become bound to the same extent, as if each member had signed the memorandum.

 

A tax imposed on society is imposed on society and not on its members.

 

Society should be registered under the Act to acquire the status of juridical persons.

 

Accounts & Audit

The societies are in possession of funds and properties provided to them by the members or by other persons (by way of donation etc.). The funds and properties are interested in the attainment of objects for which the society has been formed. The members of the governing body are the trustees who apply the funds. It becomes necessary, that the societies maintain regular account books and get them audited and present them to the members at the general meeting and file them with the Registrar for scrutiny. Every society should get its accounts audited once a year by a duly qualified auditor and have a balance sheet prepared by him. The auditor should submit the report showing the exact date of the financial affairs of the society.

Litigation

As every society is a legal entity separate from its members it is capable of filing suits against any person or any member. Similarly, the suits can also be brought against society.

The registered society can file a suit anywhere in India and in any state although it is not registered in that particular state.

 

ENFORCEMENT OF JUDGEMENT AGAINST SOCIETY

The judgment of decree passed against any person or officer of the society, who represents the society in the legal proceeding, cannot be enforced against the personal property of such person. The property of the society shall only be liable to pay for the decree passed against a society. This protection has been given to the office-bearers of the society under the principal Act.

Basic

INR 9,999/-

One Time Fee

  • Society Registration under Society Act, 1860
  • PAN, & TAN
  • Bank A/c.

Service Provide Within 7 Days

Standard

INR 39,999/-

One Time Fee

  • Society Registration Under Society Act,1882
  • PAN & TAN
  • 12A & 80G
  • NITI Aayog
  • Trade Mark Registration
  • Logo Design
  • Opening Bank A/c.

Service Provide Within 15 Days

Premium

INR 9,999/-*

Yearly Fee

  • Yearly Income Tax Compliances.
  • TDS Compliances
  • Income Tax Return
  • Society  Balance sheet, I&E, R&P.

* Fee Applicable up to Donation Receipt 10 lacs

Services Provided Before the Due Date

Frequently Asked Questions

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