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SOCIETY REGISTRATION

A Society is an association of individuals united for a common purpose such as promoting art, culture, education, charity, religion, or public welfare. Societies in India are governed by the Societies Registration Act, 1860, though many states have adopted their own amendments and rules.

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Overview

A Society is an association of individuals united for a common purpose such as promoting art, culture, education, charity, religion, or public welfare. Societies in India are governed by the Societies Registration Act, 1860, though many states have adopted their own amendments and rules.

Registering a society gives it legal recognition, making it a separate legal entity capable of owning property, entering contracts, and suing or being sued. It also ensures transparency and accountability in its operations.


Why 

Registration of Society offers several advantages as follow: -

  1. Legal Recognition โ€“ A registered society is recognized as a separate legal entity.
  2. Eligibility for Grants โ€“ Only registered societies can apply for government grants and financial aid.
  3. Bank Account Opening โ€“ Registration is mandatory to open a bank account in the societyโ€™s name.
  4. Tax Benefits โ€“ Societies can avail the tax exemptions benefits under Sections 12A and 80G of the Income Tax Act.
  5. Property Ownership โ€“ A registered society can own, lease, or manage property in its own name.
  6. Transparency & Accountability โ€“ Annual filing requirements ensure the key element of transparency in finances and functioning.
  7. Public Trust โ€“ Enhances credibility among donors, government agencies, and the public.

Process

Process of Trust registration involves following steps: -

  1. Name Selection โ€“ Choose a unique name that does not resemble or conflict with existing registered societies or government entities.
  2. Draft Memorandum of Association (MOA) โ€“ Includes the societyโ€™s name, registered office, objectives, and details of members.
  3. Draft Rules & Regulations โ€“ Governs the internal management, meetings, roles, and responsibilities.
  4. Submission of Application โ€“ Submit the application, MOA, and Rules & Regulations (duly signed by at least three members) along with required documents to the Registrar of Societies of the respective state.
  5. Verification and Approval โ€“ Registrar may request clarifications or modifications.
  6. Issuance of Certificate โ€“ Once verified and approved, a Certificate of Registration is issued.

Documents 

Documents Required for Society Registration: -

  1. Memorandum of Association (MOA) signed by at least 7 members.
  2. Rules and Regulations of the society and it should be signed and certified by at least three members of the governing body.
  3. ID proof of all founding members. (Aadhaar, PAN, Passport, etc.)
  4. Passport-sized photographs of members.
  5. Address proof of the registered office. (rent agreement/NOC from landlord)
  6. Affidavit from the President or Secretary declaring the authenticity of documents.
  7. Covering letter requesting registration.
  8. List of governing body members with their signatures.

Fees

The cost of Society registration depends on various factors: -

The government registration fee varies depending on the respective state, basically registration fee is state- specific. Additional costs may include notarization, drafting, and professional services if legal consultants are hired.


Timeline 

The timeline for society registration usually ranges between 30 to 45 working days, depending on the state, completeness of documentation, and any clarifications raised by the Registrarโ€™s office.


FAQs

At least 7 Indian citizens aged 18 or above are required. For national-level operations, itโ€™s advisable to include members from different states.

Yes, some states like Maharashtra, Delhi, and Telangana offer online portals for the purpose of registration, physical submission at the Registrarโ€™s office is still needed.

Direct conversion isn't allowed due to distinct legal structures. However, members can register a new trust or Section 8 company and transfer activities, by following legal procedures.

Yes, PAN is essential to open a bank account, conduct financial transactions, apply for 12A/80G, and file tax returns if required.

Yes, they can, but their inclusion is subject to regulatory checks. FCRA registration is required if the society intends to receive foreign contributions.

Societies must submit annual reports, audited accounts, list of managing committee members, and AGM minutes to the Registrar. Non-compliance can lead to penalties.

Only if such activities support its charitable goals. Earnings must be used for the society's objectives and cannot be distributed among members.

Society registration is generally permanent unless cancelled by the Registrar or dissolved voluntarily.

Yes. A resolution must be passed, and the Registrar informed with the new address and supporting documents.

No renewal is required in most states. However, societies must stay compliant annually and may need to renew tax-related registrations like 12A or 80G.

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