Society Registration

What is Society Registration:

A society forms when individuals unite around a shared charitable intent, extending beyond solely charitable pursuits. Governed by the Societies Registration Act of 1860, a minimum of seven members (five for Jammu and Kashmir and Telangana) is necessary for registration. Annually, the society must submit a list detailing the names, occupations, and addresses of its managing committee members to the Registrar.

Under the Societies Registration Act of 1986, establishing a society requires a minimum of seven members. Registration occurs at the Registrar of Society office, either at the district level or the regional headquarters of the state. State-level societies register in the respective state offices, while those aspiring to form a national-level society must register in Delhi. For the latter, seven promoters from distinct states, including one from Delhi, are mandatory. One promoter submits a list of preferred names and alternatives if the chosen name is already allocated to another society.

A society represents a collective of individuals unified by common goals, including the advancement of science, literature, fine arts, dissemination of knowledge, charitable assistance, support for military orphans, establishment or upkeep of libraries, museums, social welfare, development, and other charitable objectives. Societies primarily focus on charitable causes like education and culture without seeking financial gain, constituting one of India's three primary types of NGOs. The registration of societies in India falls under the Societies Registration Act of 1860, aiming to legitimize and standardize their governance. This Act has been adopted by all Indian states, many of which have introduced amendments to the original legislation.

Benefits of Society Registration:

• Separate Legal Existence: Upon incorporation, a society gains the status of a distinct legal entity.

• Continuity Despite Membership Changes: Even with alterations in membership, an incorporated society retains its distinct entity status.

• Limited Liability: Members aren't personally accountable for the society's debts or obligations, except:

  • When incurred from profit-seeking activities, making each involved member liable.
  • In cases of unlawful activities, where each implicated member holds personal liability.

• Potential Tax Exemption: An incorporated society might qualify for an income tax exemption, providing additional financial benefits.

Documents required for Society Registration:

Identity Proofs for Members:

• Passport size photographs (clear and recent)
• Photocopies of Aadhaar cards
• Photocopies of PAN cards
• One additional ID proof per member:
• Copy of driving license
• Copy of voter ID

Address Proof of Office:

• Latest bank statement or utility bill reflecting the society's official address

Property Ownership Consent:

• No Objection Certificate (NOC) from the property owner if the office space is not owned by the society

Process for Society Registration:

Establishing Your Identity:

• Nomination of a Unique Name: Choose a name that accurately reflects your society's purpose and resonates with your target audience. Ensure it complies with the provisions of the Emblems and Names Act, 1950, and conduct a thorough search to avoid potential conflicts with existing registered entities.

Laying the Foundational Documents:

• Memorandum of Association (MoA): This pivotal document acts as the constitution of your society, outlining its key elements:

  • Official Name: The legally recognized name of your society.
  • Registered Office: The designated physical address for correspondence and official operations.
  • Objectives and Activities: A clear articulation of the society's intended goals and undertakings.
  • Membership Structure: Definition of membership categories, rights, and responsibilities.
  • Governing Body: Composition and roles of the elected representatives managing the society.

• Rules and Regulations (By-Laws): This document establishes the internal framework for your society's governance, including provisions for:

  • Membership Admission and Termination: Procedures for joining and leaving the society.
  • Subscriptions and Fees: Guidelines for financial contributions from members.
  • Meetings and Communication: Protocols for conducting meetings and disseminating information.
  • Committee Formation and Functions: Creation and operation of internal committees for specific tasks.
  • Financial Management and Transparency: Systems for financial record-keeping and reporting.
  • Dispute Resolution Mechanisms: Processes for addressing internal disagreements.
  • Dissolution Procedures: Guidelines for the orderly dismantling of the society, if necessary.

Securing Supporting Documents:

• Cover Letter: A formal request for registration addressed to the Registrar of Societies, signed by all founding members.

• Certified Copy of Resolution: An official document evidencing the collective decision of the founding members to register the society.

• Minutes of the Meeting: A complete record of the meeting where the registration decision was made.

• Declaration by the President: A formal statement by the society's president affirming its commitment to legal and ethical conduct.

• Identity and Address Proof for Members: Valid copies of government-issued identification documents and proof of address for all founding members.

Submission and Registration:

• Filing with the Registrar: Submit the completed MoA, By-Laws, and supporting documents to the designated Registrar of Societies within your state jurisdiction.

• Payment of Fees: Accompany your application with the prescribed registration fee, typically around fifty rupees or as specified by the State Government.

• Review and Registration: The Registrar will meticulously examine your application and documents. Upon satisfactory compliance with all legal requirements, a Certificate of Registration will be issued, officially recognizing your society as a registered entity.

Why choose Ecfile

• Efficiency: ECFile streamlines the society registration process, offering an efficient and user-friendly platform for quick submissions.
• Expert Guidance: The platform provides expert guidance and assistance throughout the registration process, ensuring accuracy and compliance with legal requirements.
• Documentation Support: ECFile assists in preparing and organizing the necessary documentation, minimizing errors and simplifying the paperwork.
• Transparent Process: With ECFile, users benefit from a transparent and straightforward process, enabling them to track the progress of their registration application.
• Time-Saving: The platform saves time by digitizing the registration procedure, reducing the need for physical visits to government offices.
• Comprehensive Services: ECFile offers comprehensive services, from application submission to follow-ups, easing the complexities of society registration.