What is Society Registration?
A society registration is an act of registering a society under the Society Act, 1860 for the following purposes:
• Development and promotion of fine arts;
• Promotion of literature and science;
• Creating awareness for charitable assistance and military orphan funds;
• Diffusion of political education;
• Maintenance or foundation of galleries/ public museum/reading rooms/libraries;
• Promotion or instruction of useful knowledge.
Simple procedures for Society Registration
A minimum of 7 persons is required to form a Society. Apart from Indian citizens, foreigners, as well as other registered societies, can also register for the Memorandum of the society.
There are just two steps involved in registering a society. For Society Registration, it is mandatory for establishing members to agree with the name of society first and then prepare the Memorandum, followed by Rules & Regulations of the society.
Step1: Selection of a Name
According to the Society Act, 1860, it is mandatory to keep in mind that the selected or chosen name for the society incorporation must not match with existing society name.
Furthermore, the proposed name must not suggest for any patronage of state government or government of India. Also, the proposed name shall not fascinate the provisions of Emblem Names Act, 1950.
Step2: Prepare Memorandum of Association
Along with Rules & Regulations of society, the Memorandum of Association must be signed by every establishing member.
Step3: Submit the application with Registrar of society
Once all the documentation is done with the application is submitted with the Registrar of society. If after due consideration of the application if the registrar is satisfied then it will approve the application and register the name of the society in its record and intimate such effected registration to the applicant.
Moreover, the memorandum should contain the details of members of the society registration along with their names, designations, and occupations.
Documents prepared, submitted, and signed for the sake of society registration are as follows:
• A copy of Memorandum of Association of society along with certified copy;
• A copy of Rules and Regulations of society along with a copy duly signed by all establishing members;
• A covering letter requesting society registration, signed by all establishing members;
• Address proof of the registered office of society;
• No-Objection Certificate (NOC) issued by the landlord;
• Affidavit attested by secretary or president of society declaring relationship among subscribers.
Benefits of Society Registration
There are several benefits of registration a society under the Society Registration Act, 1860. Though it is not mandatory to register, it is always recommended to get the society registration done to avail various benefits as follows:
After the society registration process, the society becomes a separate legal entity.
A registered society can rent, lease, buy and sell the property, borrow money and enter contracts in its own name.
A registered society will continue to be the separate legal entity even if its membership changes.
Members of society won't be personally liable for the debts, contracts or other obligations unless:
• The debts or obligations are sustained from the activities accepted to obtain money for commercial gain. In this case, every member involved will be personally liable for those debts and obligations; or
• The debts and obligations are sustained through unlawful activities. In this case, every member involved will be personally liable for the debts and obligations.
A registered society may be entitled to an income tax exemption.
For any queries regarding Society Registration process, you can contact our team of Enterslice.
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