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Society Registration

Society Registration

A society is an association of persons united together by mutual consent to conscious, determine and act jointly for a few common purposes. Societies are basically registered for the promotion of charitable activities like education, art, religion, culture, music, sports, etc., In India, The Societies Registration Act, 1860 lays down the procedure for society registration and operation in India. The Act has been taken on by most of the State Governments with or without modifications as considered by the respective State Governments.

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.
  6. The formation and registration process is very simple.
  7. The requirement of Record-keeping is minimum and compliance with regulations is easy.
  8. Compliance cost is low.
  9. Least possibility of interference by the regulator.
  10. Exemption from tax due to charitable essence of operations.

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 then trust can apply U/s 80G ( 80G Certificate).
  4. 12AA & 80G Certificate is valid for up to five years, afterward, it can be renewed for the next five years.

++++++++++++++++++++++++++++++++++++++++++++++++

The Societies Registration Act, 1860 lays down the procedure for the registration of societies for various authentic purposes. The registration provides the society a legal status and is essential for:

Under Income Tax Act, obtaining registration and approval

lawful vesting of property in the societies;

provides authenticity and identification to the society before all authorities and the world at large; and

for opening bank accounts and transactions of a business.

When the society is registered, it and its members become bound to the same scale, as if each member had signed the memorandum of association. If any person Once registered under the Societies Registration Act, then society must bound its activities to the objects contained in its Memorandum. A society registered under the society Act enjoys the status of a legal entity apart from the members constituting it. A society so registered is a legal entity/person similar to an individual but with no physical existence. As such entity/person can buy and hold property and can sue and be sued in its own name. Society should be registered under the Act to obtain the status of a juridical person. In the nonappearance of registration, all the trustees in charge of the fund have alone a legal status and the society has no legal status, and, therefore, it cannot sue and be sued. If a society is not registered in society Act, it may exist in fact and theory, but not in the eyes of law. If benefits are to be taken, the registration of a society under the Act is required. An unregistered society cannot take benefits under the Income-tax act.

Documents required for registration of the society.

  1. Request Letter for registration of society stating in the body of letter various documents annexed therein.
    Society Memorandum of Association in duplicate along with a certified copy.
  2. Society Rules and regulations (RR)
  3. List of members of society with designation photo and signature.
  4. Proof of Address:- Proof of address of society, where registered office situated.
  5. owner of the society.

All about Trust.

Society Registration

A society is an association of persons united together by mutual consent to conscious, determine and act jointly for a few common purposes. Societies are basically registered for the promotion of charitable activities like education, art, religion, culture, music, sports, etc., In India, The Societies Registration Act, 1860 lays down the procedure for society registration and operation in India. The Act has been taken on by most of the State Governments with or without modifications as considered by the respective State Governments.

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>>>

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.
  6. The formation and registration process is very simple.
  7. The requirement of Record-keeping is minimum and compliance with regulations is easy.
  8. Compliance cost is low.
  9. Least possibility of interference by the regulator.
  10. Exemption from tax due to charitable essence of operations.

Purpose of society registration

According to Section 20 of the Societies Registration Act, 1860, societies can be found for the following purposes

Charitable societies

the military orphan funds or societies established at some presidencies of India

societies established for the promotion of science, literature, or the fine arts for instruction, the dispersal of convenient knowledge

The diffusion of political education

the foundation or maintenance of libraries or study-rooms for general use among the members or hospitable the general public

museums and galleries of paintings for public and other works of art, collections of natural history, mechanical and philosophical inventions, instruments, or designs.

Apart from these purposes, the respective State Governments may provide for any other objects by their legislations

Legal Requirement

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 then trust can apply U/s 80G ( 80G Certificate).
  4. 12AA & 80G Certificate is valid for up to five years, afterward, it can be renewed for the next five years.

++++++++++++++++++++++++++++++++++++++++++++++++

The Societies Registration Act, 1860 lays down the procedure for the registration of societies for various authentic purposes. The registration provides the society a legal status and is essential for:

Under Income Tax Act, obtaining registration and approval

lawful vesting of property in the societies;

provides authenticity and identification to the society before all authorities and the world at large; and

for opening bank accounts and transactions of a business.

When the society is registered, it and its members become bound to the same scale, as if each member had signed the memorandum of association. If any person Once registered under the Societies Registration Act, then society must bound its activities to the objects contained in its Memorandum. A society registered under the society Act enjoys the status of a legal entity apart from the members constituting it. A society so registered is a legal entity/person similar to an individual but with no physical existence. As such entity/person can buy and hold property and can sue and be sued in its own name. Society should be registered under the Act to obtain the status of a juridical person. In the nonappearance of registration, all the trustees in charge of the fund have alone a legal status and the society has no legal status, and, therefore, it cannot sue and be sued. If a society is not registered in society Act, it may exist in fact and theory, but not in the eyes of law. If benefits are to be taken, the registration of a society under the Act is required. An unregistered society cannot take benefits under the Income-tax act.

 

Documents required for registration of the society.

  1. Request Letter for registration of society stating in the body of letter various documents annexed therein.
    Society Memorandum of Association in duplicate along with a certified copy.
  2. Society Rules and regulations (RR)
  3. List of members of society with designation photo and signature.
  4. Proof of Address:- Proof of address of society, where registered office situated.
  5. owner of the society.

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

A Society is an organized group of people with the single objectives of non-profitable service. Society registration is optional, society can be sue and be sued. It is an organization of association of persons.

There is at least 3 person who is above 18 can form a society

Society can be form for these following objectives

Art , Fine arts , crafts

  • Educational , charity , cultural , literature and religious
  • For sports excluding games of chance
  • For knowledge of commerce and industry
  • For political education and training and for many other purposes specified under society act

Pan card, Residence proof, bank statement, Memorandum of association, Article of association and a declaration and so more as to be required.

Minutes of meeting books of general, special, and annual meetings. Member register, register of shares, debentures and bonds, cash book, etc

Member is a person who had joined the application for registration of their society.