Society Registration (NGO)
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Start your NGO as a National or State level Society. The registration of a society is mandatory under the societies registration Act, 1860. We advise and assist in Society Registration anywhere in India. Call us now.
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Society Registration Online in India
A society is the simplest form of a Non Governmental Organization in India and can be registered to operate on state level or national level for educational, charitable, religious, social welfare purposes or for the promotion of art, music, culture, science, literature, and political education. In India, societies are registered under the Societies Registration Act, 1860. While the Societies Registration Act is applicable throughout India, many Indian states have specific laws on Society Registration as well.
Key decisions to be taken for Society Registration in India
- What is the proposed purpose?
- How many members will it have?
- Whether it will be registered / unregistered?
- What will its name be?
- Where will it be located?
- Who will provide donations to it?
Checklist for Society Registration in India
Before beginning the process of Society formation and registration you must adhere to certain prescribed prerequisites related to the number of members, the purpose of formation, the relationship between founders and members, the name, and the address of the Society. Without fulfilling these prerequisite conditions, the formation of a Society in India is not possible. A complete list of all such prerequisite conditions have been mentioned in the table below.
Stepwise process of Society Registration in India
Trusts in India can either be registered or unregistered. However, there are a number of benefits that a registered trust gets over an unregistered trust. Some of these benefits include the power to sue, claim income tax exemptions, own property, opening bank accounts, and a lot more. Therefore, it is highly recommended that you definitely register your Trust after its formation. Provided below, is an elaborate stepwise procedure for Society Registration in India.
STEP 1 – DocumentationIn India, the process of registering a society is incomplete without the submission of proper documents. Since inadequate or inaccurate documentation can even lead to the rejection of the entire application for Society Registration, we always advise that you arrange all the necessary documents before beginning the process of formation and registration of your Society, so that the chances of your application getting rejected is reduced to negligibility.
STEP 2 – Select Unique nameA Society’s name needs to be distinctive and conveying of the purpose for which it was founded. While selecting the name of your Society, you must ensure that it is not the same as that of an existing Society or any other type of NGO, an applied or a registered trademark. A name that is exactly the same as the name of an already existing Society will be deemed invalid for naming your Society, whereas a name that is exactly the same as a trademark that has been registered or applied for will be deemed to be an infringement on the trademark owner’s intellectual property rights.
STEP 3 – Draft MoA and the Rules & RegulationsTwo of the most important documents on which the foundation of a Society is dependent are the Memorandum and the Rules of the Society. While the Memorandum of the Society describes the main object for which the society has been formed, the rules are meant for the management of the internal affairs of the society such as, the quorum of meetings, powers and responsibilities of the official positions of president, secretary, and the treasurer of the Society.
STEP 4 – Application for registration of SocietyAfter the MoA and Rules of the Society have been drafted, the Registrar of Society is approached with an application along with the signed MOA, the rules and regulations, the affidavit declarations and the KYC documents of the members and officials of the society. The Registrar of Society is an authority under the state government, and therefore, the fee charged for registration of society differs for different states in India. The register which contains the names of societies is also maintained by the state governments. After filing the application along with the supporting documents, you can check its status on the official website of MCA.
STEP 5 – Issuance of Certificate of Society RegistrationThe process of society registration ends with the issuance of the Certificate of Registration to society. 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.
Documents Required for Society Registration
Documentation is the most significant aspect of Society registration in India. The application for Society Registration must be accompanied by the documents prescribed for it in the Societies Act, 1860. A failure to produce any of the prescribed documents or the incorrect form of the prescribed document might result in the complete rejection of your application. Therefore, we advise that you file all the documents with utmost carefulness to avoid any hassle or hindrance in the process of formation and registration of your Society. Follow the list given below for a complete list of documents on Society Registration in India.
|A. Documentation of the Society Registration||B. Documentation for the Society Registered Address|
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Frequently Asked Questions About Society Registration
According to the Societies Registration Act, 1860, a member of a Society is one who has been admitted as a member in the manner prescribed by rules and regulations of the Society, or who has signed the list of members of the Society, and paid a certain amount of subscription to the Society.
A person is disqualified to become a member of a Society if his subscription at the time is due for a period exceeding 3 months.
A few advantages of society formation in India include:
- The process of society formation and registration is quite simplistic
- Record-keeping requirements and compliances are minimum
- Cost of compliance is low
- Least possibility of interference by the regulator
- Tax exemptions due to charitable operations
The registration of a society legalizes it. Further, it is after the registration, that the society becomes entitled to obtain tax registrations and approvals, and get recognition before all statutory and non-statutory authorities and platforms A few prominent consequences of society registration are as follows:
- All members are equally bound to the society
- Society becomes a separate legal entity / person
- A society can own property in its name
- A society can sue third parties and challenge them in a court of law
Under the income tax act, 1961, a registered society can
- Obtain tax registration under Section 12 A or Section 12 AA and obtain relevant exemptions
- Donors to the society may claim tax rebate after obtaining approval under Section 80 G
Each member of a Society is entitled to one vote only.
Once obtained, a society registration is valid for lifetime unless canceled or revoked, and there is no requirement of its renewal.
No, a society cannot act beyond the purpose of its formation, under any circumstance. Such an act by the society shall be declared ultra vires.
Yes, the object of society can be altered in the manner prescribed under law. For the purpose a resolution is passed by the members of the society, and the same is intimated to the Registrar within the prescribed time frame.
The consent of the Government is needed for dissolving a society only if the government is a member or contributor in the society.
Yes, a foreigner may become a member of a society.
The MoA of a Society contains
- the name and object of the society
- the names, addresses, and occupations of the governors, council, directors, committee members, and other governing bodies of a Society
The composition of the Governing body of a Society is composed of the governors, council, directors, committee, trustees or other bodies to whom the management of its affairs is entrusted by the rules and regulations of the society.
No, a Society cannot become a member of another Society.
No, unregistered Societies cannot raise funds from the public
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