Procedure for Society Registration in India

A Society is a not-for-profit entity engaged in the promotion of charitable activities like education, art, religion, culture, music and sports, etc. A society is thus an association of persons determined to act jointly for some common purpose. In India, Societies Registration Act, 1860 lays down the procedure for registration of societies and the same has been adopted by State Governments with/without amendments. In this article, we look at the need and procedure for registering a Society.

Overview

A Society is an entity formed for the promotion of literature, science or the fine arts or the diffusion of useful knowledge/political education or for charitable purposes. As per the Societies Registration Act, 1860, a Society can be registered for the following purposes:

Grant of charitable assistance
Creation of military orphan funds
Promotion of:
- Science, Literature, Fine Arts
- Instruction or diffusion of useful knowledge, Diffusion of political education
- Foundation and maintenance of libraries or reading rooms
- Foundation and maintenance of public museum and galleries

In addition to the above purposes, based on the Societies Registration Act that is amended and implemented by the respective State Government, the purposes for which a Society can be registered in India may vary.

A society can either be registered or unregistered. The registration of a Society gives the Society a legal status and is required for recognition of the society by legal authorities, obtaining income tax registrations, bank account opening and vesting of property.

Requirements for Society Registration

A Society can be registered for any of the above mentioned purposes that are not-for-profit by a minimum of seven or more persons. Besides individuals, a company or partnership firm or registered society or a foreigner may also be eligible to form a society by subscribing to the Memorandum of a Society.

The Memorandum of a Society or Memorandum of Association of a Society is a document which lays down the objects and permitted activities of the Society. The Memorandum of Association of a Society must contain the name of the society, objects of the society, details of the members of the governing body and registered office address.

Procedure for Society Registration

Infographic: Procedure for Society Registration

To register a society, the rules for Society Registration in the State in which the registered office of the Society is going to be situated must first be reviewed. A suitable name, objects for the society and registered office must then be decided by the persons proposing to form a society (a minimum of seven persons are required). Once decided, a legal professional can draft the Memorandum of Association for the Society and have all the members of the society sign on each page of the Memorandum, witnessed by a Notary Public. Further, the Rules and Regulation of the Society must be signed by atleast three members of the governing body.

Once, the above documents are prepared and signed, it can be filed along with other requisite documents to the Registrar of Societies or other concerned authority in the State - responsible for Society Registration. On reviewing the application for society registration, the Registrar can then approve the Society registration or request for additional details, if required. On registration, the certified copies of the MOA and Rules & Regulations of the Society serve as the prima-facie evidence of the Registration of the Society.

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Frequently Asked Questions

Common questions about Society Registration Procedure in India: Legal Steps Explained.

A Society is a not-for-profit entity engaged in the promotion of charitable activities like education, art, religion, culture, music, and sports. It is an association of persons determined to act jointly for some common purpose.

Registration of a Society gives it a legal status, which is required for recognition by legal authorities, obtaining income tax registrations, opening a bank account, and vesting of property. An unregistered Society may not be able to perform these activities legally.

According to the Societies Registration Act, 1860, a Society can be registered for purposes like granting charitable assistance, creating military orphan funds, promoting science, literature, fine arts, instruction or diffusion of useful knowledge, diffusion of political education, and founding and maintaining libraries, reading rooms, public museums, and galleries.

A minimum of seven or more persons are required to form a Society in India. These members can be individuals, companies, partnership firms, registered societies, or foreigners.

The Memorandum of Association of a Society is a document that lays down the objects and permitted activities of the Society. It must contain the name of the society, its objects, details of the governing body members, and the registered office address.

The main documents required for Society Registration include the Memorandum of Association of the Society, signed by all members and witnessed by a Notary Public, and the Rules and Regulations of the Society, signed by at least three members of the governing body.

The procedure for Society Registration involves reviewing the rules in the state where the registered office will be situated, deciding on the name, objects, and registered office, drafting and signing the Memorandum of Association and Rules, and filing the required documents with the Registrar of Societies or the concerned authority.

The Registrar of Societies or the concerned authority in the state where the Society's registered office is located is responsible for reviewing and approving the Society Registration application.

After registration, the certified copies of the Memorandum of Association and Rules & Regulations of the Society serve as prima-facie evidence of the Society's Registration.

Yes, a foreigner can be one of the members subscribing to the Memorandum of Association of a Society and can participate in forming a Society in India.