Society Registration

Mandatory Documentations for Society Registration

Following are some mandatory Documents required for registration of a society

• PAN Card of all the serving members
• Residence Proof of all serving members such as
• Bank Statement
• Utility Bill
• Aadhaar Card
• Passport
• Driving License
• MOA and AOA
• Rules and Regulations of the Society
• Covering Letter: A covering letter reflecting the Society’s proposed objective should be affixed to the application for society registration. It must enclose the signatures of all founding members
• Proof of Address: A copy of the evidence of address where the Society’s registered office shall be located along with an NOC from the landlord, if any, must be attached
• List of all Members: A listicle of all serving members of the governing body must be disclosed along with their signatures
• Declaration: A declaration must be provided by the Society’s president clarifying that he is competent to hold the said post

Objectives of Society Registration

To promote science, fine arts, literature, or information exchange for charity purposes, one must be registered with a society. In addition, the Society may act to create an association to operate a business. A society may be registered for the following reasons in accordance with Section 20 of the Society Act of 1860

• Encouragement of fine arts
• Politics education distribution
• Donation of aid for charitable causes
• Establishing funding for military orphans
• Promotion of literature and science
• Construction or upkeep of libraries or reading rooms
• The establishment or upkeep of public museums or galleries
• Natural history collections
• Dissemination, encouragement, or teaching of information with a goal

Requirements of Society Registration in India

You must follow certain required conditions about the number of members, the reason for formation, the relationship between founders and members, and the name, and address of the Society before starting the process of forming and registering it. In India, it is not possible to build a society until certain prerequisites are met. Requirements for society registration are

• At least seven people
• One of the objectives of organizations as specified under the Societies Act of 1860
• An independent, nonprofit institution
• The founders and members do not have to be biological relatives
• A distinct and genuine name
• Address of the registered office

Society Registration in India

• By signing the Memorandum of Association and giving permission to the Registrar of Joint-stock Companies, seven or more people who are affiliated for any of the purposes listed in Section 20 of the Societies Registration Act of 1860 including scientific, literary, or charitable purposes may establish a society under the aforementioned Act.
• Society can also be registered or unregistered, much like partnership businesses. However, committed goods and/or an ensemble filed against or by the society will only be tolerated by recognized societies.
• State governments are responsible for maintaining society registration. As a result, the application for registration of society needs to be made to the relevant state body where the society’s registered office is located.
• To register the society, the founding members must first approve the name of the organization, then be ready for the Memorandum and the Rules and Regulations.

Memorandum of Association

Every founding member of the society must sign the Memorandum of Association and Rules and Regulations, with their official stamping and full address, witnessed by a Gazetted Officer, Chartered Accountant, Notary Public, Oath Commissioner, Advocate, or Magistrate first-class.

The name and purpose of the organization must be included in the note. It also includes information on the names, residences, designations, and occupations of the society’s registered members. To register, the following paperwork must be completed, submitted and signed

• Submitting a cover letter that has been signed by each founding member to request society registration
• A duplicate or certified copy of the Association of Society’s Memorandum
• Duplicate copies of the rules and regulations of the society, each one properly signed by each founding member
• Provide evidence of the society’s registered office and the landlord’s no-objection certificate (NOC)
• Affidavit signed by the society’s president or secretary, certifying the link between subscribers
• A few minutes of the meeting on submitting certain necessary forms and registering the society

Name Selection for Society Registration

It’s important to know that the Society Act, 1860 prohibits using the same or a name that is similar to an already registered society when choosing a name for registration. Furthermore, the suggested name must not violate the Emblem and Names Act, 1950’s rules or imply any favoritism on the part of the Indian or state governments.

How to Check Online Status of Society Registration?

There are two primary methods to ascertain the online registration status of a society

Using the Registrar of Societies (ROS) website

The government agency in charge of registering societies in India is the ROS. There are unique ROS for every state and union territory. You can go to the website of the ROS for your state or union territory to verify the online status of society registration.

You will be required to enter the society’s name and registration number on the website. You will be able to view the status of the society registration after you have submitted this information.

Through a website owned by a third party

Numerous other websites provide services to verify the online status of a society’s registration. Usually, these websites charge for the services they provide.

You will be required to enter the registration number and name of the society in order to access a third-party website. The website will retrieve the status of the society registration from the ROS website once you have submitted this information.

Tax Exemption for Societies

There’s a common misconception that people don’t need to pay taxes as society looks out for everyone’s welfare. It isn’t like that. A society has to pay taxes, just like any other legal business. To avoid paying taxes, a society must get a certificate of completion from the income tax officials for each applicable exclusion, such as Section 12 A, 80G, etc.

Renewal of Society Registration

Depending on the nation or state where the society is registered, there may be differences in the procedure for online registration renewal. Nonetheless, these are the general actions to take

• Make sure you verify the renewal deadline before beginning the procedure. The majority of societies must renew their registration every year or every two years.
• Collect all the required paperwork, including the annual general meeting minutes, the bylaws, and the original registration certificate. It can also be necessary to compile a list of the current office holders.
• You can renew your registration of society using the online registration portal provided by the majority of government agencies.
• Using the credentials from your society, log into the portal.
• Give all the necessary information, such as your name, registration number, and office details.
• Send all the Documents in the format and size specified.
• You can use the online payment methods on the portal to pay the renewal charge.
• Examine the application, then send it.
• On the official website, you may check the status of your application at any moment online.
• In order to prevent any last-minute problems or delays, it is usually suggested that the renewal procedure begin well in advance of the deadline.

Rules and Regulations of the Society

The following details must be included in the Society’s Rules and Regulations when they are drafted.

• Guidelines and obligations that will govern the Society’s endeavours and ensure the day-to-day operations.
• Guidelines for enrolling in the Society or becoming a member.
• Guidelines on how the periodic meeting should be run.
• Information for auditors.
• Arbitration formats for settling conflicts amongst members of the Society.
• Guidelines for Dissolving Society.
• Note that the proposed rules and regulations may be changed at any moment with the consent of important Society leaders and members.
• The Registrar of Societies must receive two copies of all the aforementioned Documents together with the required fees. After receiving an application of this kind, the registrar must sign the first copy in order to accept it and return it, saving the second copy for approval.
• The certificate of incorporation will be granted by the registration and given a registration number after a proper review of the supporting papers.

Post Registration Society Compliance

A trust shall, post-registration, shall address the following legalities

• Secure PAN card
• Open a bank account with designated bank
• Bookkeeping and Accounts
• Annual Income T filings
• GST registration, if applicable
• Professional tax registration, if applicable
• Compliance with the RoF – Filing of Annual General Meeting resolution, accounts to be disclosed, & member list to be filed with the RoFs