Society Registration
Society Registration in India.
Society registration in India is governed by the Societies Registration Act, 1860, which provides the legal framework for the registration and operation of societies. A society is an association of individuals united together by mutual consent to act jointly for a common purpose. These purposes can range from charitable, literary, scientific, or artistic endeavors to managing a school, hospital, or community center.
To register a society, a minimum of seven members is required. These members can be individuals, companies, or other registered societies. The process involves submitting the Memorandum of Association (MOA), rules and regulations of the society, and necessary documents to the Registrar of Societies in the respective state. Once registered, the society becomes a legal entity that can own property, enter contracts, and sue or be sued in its own name.
Registration of a society ensures legal recognition and credibility, which is important for raising funds, applying for government grants, or entering into partnerships. It also promotes transparency and accountability among members. Maintaining proper records, holding regular meetings, and filing annual returns are some of the responsibilities that come with a registered society status in India.
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Benefits of Society Registration.
Here are the key benefits of Society Registration in India:
Legal Status
A registered society becomes a legal entity, separate from its members. This enables it to own property, enter into contracts, and take legal action in its own name.Credibility and Recognition
Registration enhances the trust and credibility of the society among donors, government bodies, and the public. It is often a requirement for receiving government grants and funding from other institutions.Tax Exemptions and Financial Support
Registered societies can apply for tax exemptions under the Income Tax Act. They are also eligible to receive donations and financial aid from government and non-government organizations.
Who can apply for Society Registration.
Individuals
A group of at least seven individuals above the age of 18 can come together to form and register a society for a common charitable, cultural, or educational purpose.Companies or Organizations
Registered companies, associations, or other legal entities can be members or promoters of a society, provided their objectives align with the society’s purpose.Foreign Nationals or Entities
Foreign citizens or entities can also be part of a society in India, especially for international collaborations or causes, subject to compliance with applicable laws and approvals.
Documents required for Society Registration.
| Document | Details |
|---|---|
| Memorandum of Association (MoA) | States the name, objectives, and details of the founding members and the registered address. |
| Rules & Regulations / Bye-laws | Defines internal governance, roles of members, meeting protocols, and operational rules. |
| Covering Letter | A formal request letter for registration, signed by all founding members. |
| List of Governing Body Members | Names, addresses, occupations, and designations of all managing members. |
| Affidavit by President or Secretary | Declaration of willingness to run the society per applicable rules and correctness of documents. |
| Proof of Registered Office Address | Utility bill, rent agreement, or property ownership documents. |
| NOC from Property Owner | No Objection Certificate if the office is in a rented property. |
| ID Proof of Members | Aadhar, PAN, Passport, Voter ID, or Driving License of all founding members. |
| Passport-sized Photographs | Photos of all founding members. |
Process of Society Registration in India.
FAQs on Society Registration.
A society can be formed by any seven or more persons who come together for a literary, scientific, charitable, or similar purpose as outlined under Section 20 of the Societies Registration Act, 1860. These purposes may include education, art, culture, public welfare, or environmental protection. The members must mutually agree to form the society and work towards a common goal, ensuring the society operates in a non-profit manner for the benefit of the public or a particular community.
| Right | Description |
|---|
| Right to Vote | Members have the right to vote in society elections and decision-making processes. |
| Right to Receive Notices & Bye-laws | Members are entitled to receive official notices and a copy of the society’s bye-laws. |
| Right to Statement of Accounts | Members can request and receive the financial statements and account details of the society. |
| Right to Attend General Meetings | Members have the right to attend and participate in the general meetings of the society. |
According to Section 14 of the Societies Registration Act, 1860, members of a society are not entitled to receive any share of the profits. The income and funds of the society must be applied solely towards promoting its objectives, ensuring the society operates on a non-profit basis for the benefit of the public or its targeted cause.
Family members are generally not allowed to be socially active within a trust unless stated otherwise in the trust deed. In most cases, trustees hold their positions for life, unless the trust agreement provides specific terms for removal, resignation, or rotation of trustees.
Once registered, a society becomes a separate legal entity and is recognized as such by legal forums and authorities. It gains the right to sue others and can also be sued in its own name, just like an individual or a company.