Society Registration

A society is formed when a group or bunch of people come forward and operate together in order to achieve a common goal and work out of mutual interest. Societies are basically registered to conduct charitable or social activities and spread music, sports, religion, culture, art, education etc.

Society Registration Act lays down the necessary provisions and regulates the Society Registration process in India. If you have formed a Society which is unregistered and want to register it without any hassle, then contact Eazy Startups to simplify your process.

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    Society Registration under the Societies Registration Act of 1860

    An association or tie-up of several individuals that manage, governs, and works hand in hand to achieve some common goal is known as a Society. The primary purpose of societies is to advance charitable or social activities such as music, sports, religion, culture, art, education, and so forth.

    Significance of the Societies Registration Act,1860

    The Society Registration Act applies regulations on the Registration o of Societies in India and prepares certain procedures with the aim of operating those societies. The purpose of this act was to enhance the legal conditions and specification of the registration of societies for the advancement of literature, science, and art and the distribution of awareness about free-handed activities that benefit society as a whole. This act has been consented to by several state governments in India without or with adding some amendments.

    The purpose of forming the Societies

    The Purpose of Societies is the advancement of science, literature or the fine arts and the spread of knowledge regarding political education or charitable actions. As per Principal Act’s Section 20, society can aim for the following:-

    • Funding for charitable aid
    • Establishment of Military orphan funds
    • Societies which are authorized at the General Presidencies of India
    • Endorsement of Science, Fine Arts, Literature and so on
    • Diffusion or commands of useful knowledge,
    • Diffusion of political education,
    • Groundwork or maintenance of reading places or reading rooms, libraries,
    • Galleries of paintings or public museums,
    • Aggregations of innate history,
    • Works of Act,
    • Philosophical and Mechanical inventions,
    • Designs
    • Instruments,

    Advantages of Enrolling the Society Registration

    • Each certified society avails legal status.
    • Registered society can lawfully open a new current account in the name of the society
    • Can get commission and regards as per the Income Tax Act.
    • A certified society obtains legal status, which is mandatory for the statutory enthroning of the wealth of society.
    • The registered society receives legal identification before all authorities and forums.
    • The members of the registered society constitutionally adhered to the same point as if they had signed the memorandum of the company.
    • A registered society can sue or get sued.

    Documents needed to register a society In India.

    For a society registration, the mentioned below documents are needed:

    • The Society name 
    • Address proof of the registered office.
    • Identity proof of all the members of the company, which can be:
    • Aadhaar card
    • Copy of Passport
    • Driving License
    • Voter ID
    • Two copies of the MOA and By-laws as per the specified norms for the society registration.
    • By-laws of the Society, it takes around 8 to 10 days to draft the MoA once the processing fees are paid. The Society registration process takes about 21 to 30 days to complete.

    The procedure of the Society Registration Process

    The Societies Registration Act of 1860 regulates the complete procedure of NGO registration as a society in India. In order to draft the Memorandum of Association, the following six clauses must be filled in the Memorandum of Society.

    1. Name Clause
    2. Objects Clause
    3. Liability Clause
    4. Domicile Clause
    5. Subscription Clause
    6. Capital Clause

    Manifestation of Memorandum of Association

    According to the Indian Society Act, a society’s name cannot resemble that of another society already registered. It is important that all members of society agree on the name and accept it. The title cannot be kept or preserved under the statutory provisions of any act, nor can it fail to comply with any law requirement. A memorandum of association or MoA should be drafted along with the rules and responsibilities of society and members after choosing the title of the society. Each protocol must be signed and manifested by all the members of the corporation, with witnesses being a notary, an oath commissioner, and a first-class magistrate, along with their stamps and the complete address of their office.

    The application must be filed with the documents, two compies of every needed document, to the Registrar of the respective state who has the authority to register a society. The Registrar will sign the first copy of the application as confirmation and return the second copy to the applicant along with the licence. The Certificate of Registration is granted along with the Registration Number by the Registrar once he has verified the compliances and the documents.

    Difference between Section 8 Company & Society

    Objects Section 8 Company Society
    Structure of the company Complicated or complex Simple and easy
    Name of the company Should get sanctioned from the Registrar of the Companies Selection is not difficult
    Meetings Has to be held under the provisions of the Companies Act, 2013 Has to be held as per provisions in the Act.
    Administration Provisions of the Companies Act have to abide by with and/or difficult and lengthy, rigid and time consuming Not much restrictions imposed under the Act
    Status Companies gain from reputation of status Registered societies receive identical reputation as companies
    Penalties Provisions as per the Companies Act are more severe and attract more fines and penalties. Very few offences and penalties have been specified

    Frequently Asked Questions

    Individuals, Partnership firms, Foreigners, Companies and other certified organizations.

    No, members of the society are not allowed to use profit incurred by the organization in any way.

    The General Body of a society consists of all members who have signed the memorandum of the organization.

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