What is the process of Society Registration In India?

Society Registration Process In India 

Any Non-Profit Organization which promotes activities such as Sports, Education, Culture, Music, Art, Religion, etc is considered a “Society”. In other words, society is a group of people having common goals or interests.

Society Registration can be obtained under the Society Registration Act, 1860 by those entities or groups who work for the benefit of society by providing benefits such as education, health, employment, etc.

Contact our team at Professional Utilities to know about the requirements to Register a Society in India.

 

Table Of Content 

  • What is the Society Registration Act, 1860?

  • What is a society?

  • Stepwise process of Society Registration in India?

  • Conclusion

  • FAQs

 

What Is the Society Registration Act, 1860?

The Society Registration Act, 1860, is a legal framework that governs the registration of societies and their functioning in India. It aims to promote and regulate various non-profit organizations working for charitable, literary, scientific, or social purposes.

An organization or group of people could decide to register as a society under the Society Registration Act, 1860 to obtain legal status if they are working together for the good of the community rather than for their benefit. By signing their names to a Memorandum of Association and submitting it to the registrar, seven or more members of a non-profit organization who have come together for charitable, scientific, or literary purposes—or purposes listed in section 20 of the Society Registration Act—can obtain society registration.

 

What is a Society?

A society is a union of individuals united by mutual consent to consider, determine, and cooperate for everyday purposes. Societies are characterized by models of connections (social relations) between individuals who share a unique culture and institutions.

A given society may be described as the total of such relationships among its constituent members. Societies are usually registered to promote charitable activities such as education, health, environment, arts, religion, culture, music, sports, etc.

 

Stepwise Process of Society Registration 

The detailed step-by-step process to register a society in India is:

Step 01 - Documentation

The initial step is to finish the paperwork for registering a society. Remember that incomplete or inaccurate documentation may result in the denial of your application. Always gather all required documentation before starting the registration procedure for your society to lower the possibility of being denied. 

Step 02 - Selecting Unique Name Of Your Society 

The name of the society should be memorable and express its founding objectives. Make sure the name you choose for the organization is unique from any existing organizations, registered trademarks, or other names that are already in use. 

A name that exactly matches the name of an existing society will be deemed inadmissible for naming your society, while a name that precisely matches a trademark that has already been registered or applied for will be viewed as an infringement on the trademark owner's intellectual property rights. The proposed name must also not violate any laws of the Emblem & Names Act, 1950, or imply any favoritism on the part of the state government or the government of India.

Step 03 - Drafting a MOA (Memorandum Of Association)

The constitution of the firm is represented by a Memorandum of Association (MoA). It is a legal document created during the process of registering a society. It outlines the company's connection with shareholders and the goals for which it was established. Only the operations listed in the Memorandum of Association may be carried out by the company. 

As per Section 2 of The Society Registration Act, 1860, a Memorandum of Association shall contain the below mentioned:

  • Name of the society

  • The registered office of the society

  • Area of operation of the society

  • Aims and Objects of the Society

  • Name, address, and other details of the directors, council, or other members of the governing body who shall be regulating the management of its affairs.

  • Governing body

  • Desirous persons

Step 04 - Rules & Regulation 

The rules are intended for the management of the society's internal affairs, including the quorum for meetings and the duties of the president, secretary, and treasurer in their official capacities. At least 3 members of the governing board should sign the rules & regulations.

The rules shall mention the following details in relation to Society registration:

  • Constitution of the Society

  • Membership and Subscription

  • Termination of the Members

  • Details of the Office Bearers

  • Duties of the Office Bearers

  • Source of Income of Society and Bank Accounts

  • Election

  • Audit

  • Meetings

  • Dissolution of the Society

  • Provision of Legal Disputes

Step 05 - Application For Registration Of Society 

Following the creation of the MoA and Rules of the Society, an application is submitted to the Registrar of the Society along with the signed MOA, the Rules of the Society, the Affidavit Declarations, and the KYC papers of the Society's Members and Officials. 

The registration of societies is handled by the State Government. As a result, the application for society registration has to be submitted to the prescribed authority of the state. Additionally, the state government determines the required fees.

Step 06 – Issuance of Certificate of Society Registration

The Certificate of Registration is a document of conclusive proof that the Society has been registered by the Registrar. Usually, it takes nearly a month to complete the process of Society Registration in India.

After considering the application, the registrar can approve it or may ask for more information, if needed. After that when the local bodies are satisfied with all the documents, the process of society registration ends with the issuance of the Certificate of Registration to society & Society will be registered.

 

Conclusion 

The society registration process has been successfully completed, ensuring the legal recognition and formal establishment of the organization. With this registration, the society can now operate officially, access benefits, and conduct its activities in accordance with the regulations and guidelines provided by the relevant authorities.

Consult with Professional Utilities to Register your Society Today! At a very low professional fee and get expert guidance on Society Registration.

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Frequently Asked Questions

What is the Process of Society Registration in India?

The process of society registration is, Documentation, Selecting Name of your Society, Drafting MoA & Rules and Regulations, Application For Registration, Issuance of Certificate

What are the Documents Required For Society Registration?

Documents required for society registration are PAN Card, Aadhar Card or any Residential Proof, MoA, Rules & Regulation, etc

How many Members are Required to form a Society?

A Society can be created by a minimum of 7 or more persons.

How many members are required to ensure the winding up of the Society?

The Consent of three-fifths of the members of the society is enough to initiate the winding-up procedure of the Society.

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