A Society is a group of persons whose aim is to serve society and promote charitable objects like education, religion, etc.. Procedures for registrations of Society are laid down under the Societies Act, 1860 which has been adopted by state governments with or without amendments. 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 society can be registered or unregistered. Registration of society gives it a legal status which is required for recognition of society by legal authorities under Income Tax registration, bank account opening, vesting of property.
Society can be created by a minimum of 7 or more persons. Apart from persons from India, companies, foreigners, as well as other registered societies can also register for the Memorandum of society. Society registration is maintained by state governments. Thus, the application for society registration must be created to the specific authority of the state, where the registered office of the society is situated.
When selecting a name for society registration, it is vital to understand that according to the Society Act, 1860, an identical or similar name of a currently registered society will not be allowed. The Memorandum of society along with Rules & Regulations of society must be signed by every establishing member, witness by Gazetted Officer, Notary Public, Chartered Accountant, Oath Commissioner, Advocate, Magistrate first-class or Chartered Accountant with their official stamping and complete address.
The memorandum must also contain details of members of the society registration along with their names, addresses, designations, and occupations. Once, these documents are prepared and signed, it can be filed along with other requisite documents to the Registrar of Societies or other concerned authorities 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.
Documents required for Society Registration are:
1. PAN Card of all members
2. Address proof of all members( Aadhaar/ Utility Bill/ Driving License/ Passport etc)
3. MOA (Memorandum of Association)
4. AOA (Articles of Association)
5. A cover letter stating objects of society duly signed by all founding members
6. Address Proof of Registered office of the society
7. List of all members along with signatures
8. Declaration by the president of the society that he is willing and competent to hold the position