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Society Registration under the Societies Registration Act, 1860
A society is an affiliation or tie-up of several individuals aggregated together using a mutual agreement to manage, govern and act hand and glove for some common purpose. Societies are basically registered for the progress of charitable or social activities like music, sports, religion, culture, art, education, and so on.
Significances of Society Registration
In India, Society Registration is done as per The Society Registration Act and lays down or prepares certain procedures for the purpose of society registration and operation. This act was launched with the purpose of increasing the legal conditions and specification of society registration for the furtherance of literature, science, fine arts or distribution of awareness for freehanded purposes which is good for the society. The society registration act, 1860 has been consented by several state governments in India without or with adding some amendments.
The Purpose of forming the Societies
Societies are governed for the advancement of science, literature or the fine arts and the dispersion of useful knowledge, political education or activities related to charitable purposes. As per the Section 20 of the principal Act, the following aims for which society registration can be done as per the Act:
- 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 place or reading rooms or libraries,
- Galleries of paintings or public museum,
- 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.
- Certified society obtains the legal status which is mandatory for statutory enthroning of the wealth of society.
- Registered society receives legal identification before all authorities and forums.
- The members of the registered society are constitutionally adhered to the same point as if they had signed the Memorandum of the company.
- A registered society can sue or sued.
The procedure of the Society Registration Process
The complete procedure of NGO registration as a society in India is managed and regulated under the Societies Registration Act of 1860. The registration or constitution of a Society NGO in India needs two important things, they are:
Memorandum of Association of the Society Rules and Regulations of the Society
In order to draft the Memorandum of Association, you have to fill out the 6 important clauses of the Memorandum of the Society.
- Â Name Clause
- Objects Clause
- Liability Clause
- Domicile Clause
- Subscription Clause
- Capital Clause
Procedure for Online Society Registration
Linked to concerned state authority for society registration online as the state executives deal with society registration:
Manifestation of Memorandum of Association
- As per the guidelines of the Indian Society Act, the name of the society can be different and not resemble any already registered society. The name should be commonly accorded and accepted by all the members of the Society. No title can be kept or preserved under statutory provisions of any act nor shall it fail to agree on a requirement of any law. After choosing the title of the society, the society should draft a memorandum of association or MoA that drafts the rules, responsibility and regulations of the society and its members. The protocol of the society shall be signed and manifested by the members of the entity along with witnesses by a notary, oath commissioner and first-class magistrate along with their stamp and complete address of the office. File the application along with the above-mentioned documents, two copies of each required document, to the Registrar of the respective state with authority for the registration of Society. Authority will sign the first copy of the application as confirmation and grant the second copy to the applicant on the licence. After getting the receipt of the request, the Registrar will inspect the demand for its exactness and on satisfaction, the allocation of Certificate of Registration is granted by authorized registration number on it.
Society Registration in India
- The registration certification of society will come in effect as per the Societies Registration Act. Once the individuals aiming to form a society have decided on the name of the society and have planned to prepare the memorandum and rules and regulations of the society:
Manifestation of Memorandum of Association
- MOA or Memorandum of Association is an important document that states and describes the purpose and reason for its continuation and operation. It determines the authorised range of power and performance of the Society. Supervision is a very important aspect while drafting this MoA document which will primarily be needed for total attainment of the aims. All subscribers or members of the society should sign each page of the memorandum of Association, and the signature must get attested by an Advocate, Oath Commissioner, Notary Public, Gazetted Officer, authorized Chartered Accountant, Magistrate First Class along with their official or rubber stamp and complete registered address.
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.
- Once the processing fee for the registration is executed, it takes around 8 to 10 days to draft the MoA and By-laws of the Society. Thenceforth it takes about 21 to 30 days to complete the Society registration process.