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What Is Society Registration
A Society is an organized group of people with the sole aim and objectives of doing some business. It takes place when there is togetherness of like minded people having similar interest and when they form groups and come together and they form a society. Registration of a society in India can be done for promoting humanitarian activities like art, education, various types of music, different culture, various sports etc in India. Society registration is done in the office of the Registrar in which District the society is intended to be established. A minimum 7 persons who have attained the age of 18 years can form a society or an Association.
Any seven or more persons associated for any literary, scientific, or charitable purpose, or for any such purpose as is described in section 20 of this Act, may, by subscribing their names to a memorandum of association, and filing the same with the Registrar form themselves into a society under this Act.
Unilex being the professionally managed firm provides Society registration within 20-25 working days*. Our professionals help in estimating the cost of Society registration, document required for Society registration and hassle free procedure for Society registration.
Purpose Of Society Registration
To promote Art
To Promote Education
To Promote Literature
To Promote Fine Arts
To Promote Religion
To Promote Charity
To Promote Crafts
To Promote Culture
To Promote Sports (Except game of Chance)
Is Registration of Society Mandatory?
Usually during the registration of society stamp papers are not required but registration will give the society an important legal status and it is also essential for following things:
- For opening a bank account.
- For getting registration and also approval under Income Tax Act.
- For the lawful and proper vesting of properties of those societies.
- Giving a recognition to the society in all forums and before all authorities.
- Normally a suit can be filed by or against a registered society.
- The case can be filed in the name of certain office bearers or any trustees, as it is provided or given by the Rules and Regulation of that society.
- It can also be filed in the name of any such persons as may have been appointed by the governing body of the society.
In the absence of the registration a society has got no legal status power or value and it has no power to sue or be sued.
Documents Required for Society Registration
- Copy of Memorandum of Society (Signed by President, Secretary& treasurer on each page.)
- Copy of Rules & Regulations (Signed by President, Secretary& treasurer on each page.)
- Desirous person list should be attached by Notary
- NOC from owner of Property
- Affidavit from President of Society or General Secretary Worth Rs. 10/- Stamp paper
- ID proof of all the Subscribers with latest Photographs is required (Notarised).
- Minimum 7 Members are required
Points To Be Kept In Mind While Registering A Society
The Emblems Act,1950 prohibits the use of any name, emblems, official seal etc. as specified in the Act without previous permission of competent authority. It also prohibits the use of the name of national heroes and other names etc. mentioned in the Act. The Societies intending to seek registration are advised to consult this Act also before proposing the name etc. for registration.
The Memorandum of Association shall contain the following details e.g:
- The name of the society:
- The objects of the society:
- The names, addresses, and occupations of the govern or, council, directors, committee, or other governing body to whom by the rules of the society, the management of its affairs is entrusted.
A copy of the rules and regulations of the society,certified to be a correct copy by not less than three of the members of the governing body, shall be filed with the memorandum of association
Procedure For Society Registration
Selecting Appropriate Name of Society
- While selecting name of any society make ensure that proposed name do not resemble with the existing Societies and subject to the restriction or prohibition under Emblem and names Act, 1950.
Memorandum and Rules and Regulations (By Laws)
- After selection of Name our society registration expert will draft and prepare of Memorandum and Rules and Regulations (By Laws) of your society and gather all the necessary supporting documents for its registration.
Submission of Further Documents To Registrar
- After drafting the bye laws, our expert will submit it along with the supporting documents to the Registrar of Societies. At the time of registration all the members have to personally present before the authority.
How The Memorandum Of A Society Is Created
The Memorandum, the Rules and Regulations of the Society must be signed by all the founding members, and should be witnessed by an Oath Commissioner, the Notary Public, the Gazette Officer, an Advocate, a Chartered Accountant or it can be a Magistrate 1st Class with their official stamp in it and the complete address. The documents which must be prepared, signed and submitted for the registration of society are mentioned as follows
- There must be a covering letter requesting the registration of the society, and it must be signed by all founding members.
- The memorandum of Association of the Society must be given in duplicate and along with a certified copy.
- The Rules and Regulation of the Society must be signed by the founding members and the duplicate copy of it should be given.
- There must be affidavit shown by the President or Secretary of the Society and there should be the stating of relationship between the subscribers.
- An address proof for registered office of the society must be given along with an No Objection Certificate taken from the landlord.
All the signed Memorandum and the Rules and Regulations must all be filed with concerned Registrar of those societies of that particular state along with the prescribed fees. If the Registrar becomes satisfied with the given application than only the Registrar would certify or allow that particular society to be registered.
FAQ’s About Society Registration
What is the minimum number of persons are required to Register a Society?
Minimum 7 Members are required to register a Society and all the proposed members must have attained the age of Majority i.e.18 Years
How a Society differ from trust?
- Trust governed by the Indian Trust Act, 1882 while Societies governed by Societies Registration Act, 1860.
- Minimum 2 Members are required for Trust while for Society minimum 7 Members are required.
- Trust Deed can be altered by supplementary trust Deed while in case of Societies Both Memorandum as well as Rules and Regulations needs to be altered.
What are the Compliance after registration of Societies?
“Every year the society within fifteen days from the date of the General Body meeting shall submit a list to the Registrar of societies. And that list shall contain the names and addresses of the members of the Managing Committee (Executive Committee) and officers entrusted with the management of the society. Executive Committee shall meet at least once in three months; and General Body shall meet at least once in a year.
Amendments, if any, made shall be filed with Registrar. Minutes of all the meetings shall be filed with the Registrar of Societies.
Society shall elect Executive Committee members as per its bye law.”
Can anyperson, who is not a member of Society inspect records of the Society and get extracts?
Since the records of societies are public documents so that any person apart from member of societies can inspect.