Society Registration

What is a Society Registration ?

A Society is a type of non-profit organization in India, primarily established for the promotion of charitable activities like education, art, religion, culture, music, and sports. Societies are governed by the Societies Registration Act, 1860, which provides for the registration of societies for various charitable purposes.

Key Features of a Society

1. Non-Profit Objective:   Societies are formed for the promotion of charitable activities without the intention of making a profit.


2. Legal Entity:   Registered societies have a legal identity separate from their members, allowing them to own property, enter contracts, and sue or be sued in their own name.


3. Governed by an Elected Body:  Managed by a governing body or managing committee elected by the members.


4. Perpetual Succession:   Continues to exist even if the members or governing body change.

Benefits of Society Registration

1. Legal Status:   Provides legal recognition and a formal structure for the society’s activities.


2. Tax Benefits:  Eligible for various tax exemptions and benefits under the Income Tax Act.


3. Credibility:   Enhances credibility and trust among donors, beneficiaries, and other stakeholders.


4. Fundraising:   Easier to raise funds and receive grants from government bodies, international organizations, and private donors.

Eligibility Criteria for Society Registration

1. Minimum Members:   A minimum of seven members is required to form a society. There is no upper limit on the number of members.


2. Purpose:  The society must be formed for charitable, literary, scientific, or social welfare purposes.


3. Legal Capacity:   Members must be capable of entering into a contract (i.e., they should be of sound mind and above the age of 18).

Required Documents for Society Registration

1. Memorandum of Association (MOA):   Details the objectives, name, registered office, and members of the governing body.


2. Rules and Regulations:   Outlines the management and operational framework of the society.


3. Identity Proof of Members:   Aadhaar card, PAN card, passport, or other government-issued ID.


4. Address Proof of Members:   Utility bills, bank statements, or other acceptable proof of residence.


5. Proof of Registered Office:   Rental agreement, utility bills, or other acceptable proof of address for the registered office.


6. Affidavit from President:   An affidavit from the president or secretary of the society declaring the correctness of the documents and information submitted.


7. No Objection Certificate (NOC):  NOC from the landlord if the registered office is on rented premises.

Post-Registration Compliance

1. Annual General Meetings (AGMs):   Conduct AGMs and maintain minutes of the meetings.


2. Filing of Annual Returns:   File annual returns and audited financial statements with the Registrar of Societies.


3. Maintain Records:   Keep records of membership, governing body meetings, and financial transactions.


4. Renewal of Registration:   Some states require periodic renewal of registration.


5. Compliance with Income Tax Laws:   Ensure compliance with income tax laws, including filing income tax returns and availing of applicable exemptions.

Conclusion

Registering a society provides a formal structure and legal recognition, enabling it to effectively carry out its mission of promoting social welfare, education, and other charitable activities. By following the steps outlined above and maintaining the necessary documentation, organizations can successfully register and operate as a society in India.For more detailed assistance with the society registration process, feel free to contact us at ATHWISE Services Private Limited. Our expert consultancy team can guide you through the documentation and application process efficiently.

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