Meaning

A society in India is a non-profit organisation that is founded by a group of individuals who come together to promote charitable, literary, scientific, or any other socially useful goals. Societies can also be formed to promote any other goals that are socially helpful. Under the Societies Registration Act, 1860, registering a society is the procedure that must be followed in order to officially incorporate a society. In India, the formation, administration, and dissolution of societies are all governed by the provisions of this act, which provides a legal framework for the process.

Registration Process:

1. Memorandum of Association (MoA): The first thing that needs to be done is to draft a Memorandum of Association, often known as a MoA. This document explains the rules and regulations of the society as well as its goals. Details such as the name of the society, its registered office address, aims, governing body structure, membership qualifications, and other relevant information should be included in the MoA.

2. Managing Committee or Governing Body: A society ought to have either a managing committee or a governing body that is responsible for managing its affairs. The roles of President, Secretary, Treasurer, and any other office bearers are often held by members of the governing body, who are members of the society and are either elected or selected by the members of the organisation.

3. Application for Registration: After the Memorandum of Association has been prepared, an application for registration needs to be filed to the Registrar of Societies. Copies of the Memorandum of Association, rules and regulations, a list of members of the governing body, and any other necessary documents should be included in the application.

4. Documentation: Along with the application, certain documents are necessary, such as proof of address for the registered office, a statement by the members proclaiming their association, and an affidavit by the President or Secretary of the society. All of these documents must be submitted before the application can be processed.

5. Fees & Stamp Duty: The application for society registration must be accompanied by the necessary registration fees and stamp duty in accordance with the legislation that are relevant for the state in question.

6. Approval and Registration: Once the application has been submitted, the Registrar of Societies will check the documents and verify the information that was provided to them. The Registrar will give a Certificate of Registration to the applicant in the event that the application is complete and satisfies the requirements. This certificate acts as evidence that the society is permitted to exist under the law.

7. Compliance After Registration: Once a society has been registered, it is required to comply with some ongoing requirements, such as keeping accurate books of accounts, filing yearly returns, holding general body meetings, and ensuring that its operations are transparent.

8. Legal recognition, tax exemptions, access to grants and funding, the capacity to enter into contracts and hold property in the name of the society, and these are just some of the perks that come with registering a society. In addition to this, it lays the groundwork for the organization's internal governance and accountability structures.

Benefits:

1. Recognition Under the Law: The organisation receives recognition under the law after it has been registered as a society. It establishes the society as a separate legal entity with its own identity, granting it the ability to engage into contracts, hold property, sue or be sued in its own name, and enter into contracts or be sued in its own name.

2. Perpetual Existence: This is a benefit that comes with having a registered society. There is no impact on it regardless of whether a member passes away, retires, or leaves the organisation. This assures that the society will continue to work towards its goals and engage in its activities.

3. Status as a Charity or Non-Profit Organisation: In general, charitable and non-profit organisations are considered to be registered societies. Because of their standing, they are able to participate in endeavours that further social welfare, education, religion, culture, or any other socially good goals.

4. Tax Exemptions: According to the Income Tax Act of 1961, registered societies could be qualified for several tax exemptions. Donations made to registered societies may qualify the contributors to receive tax deductions, and the societies themselves may be eligible for tax benefits related to their income and property.

5. Access to Grants and Funding: Registered societies generally getaccess to monetary help from a variety of sources, including corporate social responsibility (CSR) funds, charity foundations, and government grants. In order to qualify for funds from many different funding agencies, organisations must first be registered in accordance with the Societies Registration Act.

6. Credibility and Trustworthiness: Society registration contributes to the organization's increased credibility and trustworthiness. Donors, members, and other stakeholders receive the assurance they need, that the society is governed by a predetermined set of rules, regulations, and goals, and that it is devoted to carrying out the social mission for which it was founded.

7. Simple Management and Governance: All registered societies are expected to have either a governing board or a managing committee in order to monitor and control their day-to-day business activities. This framework contributes to more effective decision-making, greater accountability, and more effective management of the activities of the society.

8. Recognition and Support from the Public: Society registration makes it possible for organisations to receive recognition and support from the public, as well as from other institutions and governmental entities. It raises the society's profile in the public eye and improves its reputation, both of which can result in more collaborations, partnerships, and overall engagement in the organization's operations.

9. Transfer of Assets: A legally recognised procedure can be utilised for the purpose of transferring a registered society's assets. This makes it easier to transfer property or other assets in a seamless manner, which is necessary for the continuance of the society's activities, for leadership transitions, or for other operational purposes.

What is included in this

FAQ

In Indian legal parlance, what exactly is the definition of a society?

Under Indian law, a society is a non-profit organisation that is founded by a group of individuals who gather together to promote charitable, literary, scientific, or any other socially good goals. These individuals come together to form the society. The Societies Registration Act of 1860 is the legislation that governs societies.

Who can register a society in India and how can they do it?

In India, a society can be registered by any group of people who have a shared goal and want to work towards a humanitarian or socially useful purpose. When attempting to establish a new society, it is customarily necessary to have a minimum of seven members.

When it comes to registering a society, what kinds of paperwork are necessary?

The memorandum of association, rules and regulations, evidence of address for the registered office, a list of governing body members, and an affidavit from the President or Secretary of the society are the documents that are necessary for society registration. Depending on the regulations of the state, you may be asked to submit additional documentation.

In India, is it possible for one society to function in more than one state?

A society that is only registered in one state in India may nonetheless conduct business in other states if they so choose. On the other hand, it is possible that it will be required to comply with extra rules and regulations that are peculiar to the states in which it conducts business.

If a society is to be considered "registered," is it necessary for it to have a "governing body" or "managing committee"?

The answer to your question is "yes," it is required for a registered society to have either a governing body or a managing committee that is in charge of managing the society's affairs. Positions such as President, Secretary, Treasurer, and other office bearers are included in the governing body, which is comprised of individuals who are often elected or chosen by the members of the organisation.

After a society has been registered, does it still need to comply with any requirements?

The answer is yes; registered societies are required to fulfil certain continuous obligations, such as keeping accurate books of accounts, submitting yearly returns, convening meetings of the general body, and ensuring that their business practises are transparent. They may also be required to comply with duties relating to taxes as well as any other regulations that are applicable to the activities that they engage in.

Can a society be changed into a different legal entity, such as a trust or a company?

The answer to this question is yes; a society can be transformed into a new type of legal entity, such as a trust or a company, provided that this transformation complies with the laws that are currently in effect. The process of conversion entails adhering to the required processes and gaining the requisite authorization from the authorities who are in charge of the matter.

Can a society accept donations from members of other countries?

The answer to this question is yes; nevertheless, registered societies are required to comply with the Foreign Contribution Regulation Act (FCRA) in order to be able to accept foreign contributions. In order for them to be eligible to collect foreign contributions, they must first seek prior approval or register under the FCRA.

The name of a registered society may be altered, but is this allowed?

The answer to your question is yes; the name of a registered organisation can be altered. The steps involved in altering the name, as well as the standards that must be met, however it could be different depending on the state in which the society is registered. In most cases, changing a company's name necessitates obtaining permission from the Registrar of Societies.