Online Society Registration In India

Society is an alliance of individuals combined together to achieve a universal objective.

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WHAT IS SOCIETY

A Society could be an association of multiple individuals with a common interest. The group of individuals focuses on ruling and taking the initiative to achieve a common goal. The Society Registration Act in India governs the registration and affairs process. Societies are generally registered for charitable activities such as the advancement of music, sports, culture, education, religion, arts, etc.

Society Registration Online:

If you are looking for a firm that can file annual compliances for a society or register a society, then you are at the right place. Use Vakilkaro to hire the best lawyer/CA in India to file annual compliances for society. Vakilkaro expert team will help you in each step.

The Society Registration Act (SR Act) in India lays down definite procedures for society registration and operation. This act was imposed to add to the legal stipulations of society registration for advancing literature, fine arts, or distribution of awareness for bountiful purposes. The SR Act 1860 has been accepted by various state governments with or without further amendments.

Purpose of Society Registration:

A society registration could be done for the development of fine arts, literature, or science, or else for the diffusion of purposeful knowledge or charitable purposes of political education. As per section 20 of the Society Act, of 1860, a society registration could be done for the following purposes:

•    Dispersal of political education.
•    Furthering of fine arts.
•    Grant for charitable assistance.
•    Dispersal of science and literature.
•    Making of military orphan funds.
•    Maintenance or foundation of public museums or galleries.
•    Maintenance or foundation of libraries or reading rooms.
•    Dispersal or Promotion or instruction of helpful knowledge.
•    Gathering of natural history.
•    Collection of mechanical and inventions, philosophical designs, or instruments.

Society Registration in India:

•    A Society could be created by a minimum of 7 or more persons. Aside from persons from India, foreigners, companies, and any registered societies could also register for the Memorandum of association of the society.
•    Equal to Partnership firms, society could also be either registered or unregistered. An unregistered society can't sue for enforcing any rights under the society Act 1860.
•    State governments keep up society registration. Thus, the application for society registration should be created to the specific authority of the state where the society's registered office is located.
•    For Society registration, the establishing members should agree with the name of the society first and then make ready for the Memorandum, followed by Regulations & Rules of the society.

Name Selection:
•    If we are selecting for society name. It is essential to understand that according to SR Act 1860, a similar or identical name of a currently registered society shall not be allowed.
•    Moreover, the proposed name will not suggest any patronage of the government of India or state government or fascinate the provisions of the Emblem & Names Act, 1950.

Memorandum of Association:

The MOA of the society, along with the Rules and Regulations of society, should be signed by every establishing member, witness by Gazette Officer, Notary Public, Oath Commissioner, Advocate, Chartered Accountant, M1 class or Chartered Accountant with their official stamping and complete address.

The Memorandum should contain the name of the society and the object of the society. Also, it consists of particular members of the society registration along with their names, designations, addresses, and occupations. The below document has to be prepared, submitted, and signed for the sake of registration.

•    Requesting society registration by providing an envelope/cover letter signed by all set-up members.
•    Duplicate copy of MOA of society along with a certified copy.
•    A replica of the Rules and Regulations of society, along with an identical copy duly signed by all set-up members.
•    Society registered office address and NOC (no-objection certificate) issued by landlord.
•    Affidavit avowed by the president or secretary of society declaring relationship among subscribers.
•    Few minutes of meeting concerning the society registration along with providing a few essential documents.

Documents required for registration of a society:

The list of documents needed is as follows:

1.    PAN card: All the members of the proposed society have to be submitted a PAN card beside the application.

2.    Proof of Residence: The below documents can be used as valid residence proof:
•    Bank Statement
•    Utility bill
•    Aadhar card
•    Passport
•    Driving License

3.    Memorandum of Association: The MOA has to be prepared, which will contain the below clauses and information:
•    The objectives and work of the society for which it is being established.
•    The details of the members who will set up the society.
•    It shall contain the address of the registered office of the society.

4.    Rules and Regulations of the Society: The rules & regulations of the society also have to be prepared, which shall contain the following information:
•    Rules & regulations by which the working of the society shall be governed and the maintenance of day-to-day activities.
•    It shall contain the rules for taking membership in society.
•    The particular about the meetings of the society & the frequency with which they are going to be held is to be written.
•    Detail about the Auditors.
•    Forms of Arbitration in case of any argument between the members of the society.
•    Ways for the dissolution of society shall also be mentioned.

Once the rules have been formed, they may be changed, but the new set of rules will be signed by the President, Vice President, Chairman, and the Secretary of the Society.

5.    Covering letter: A cover letter mentioning the purpose or objective for which the society is being formed shall be annexed to the beginning of the application. It shall be signed by all the established members of the society.

6.    Address Proof: A copy of the proof of address where the registered office of the society shall be located is attached with a NOC from the landlord if any has to be connected.

7.    All members list: A list of all the committee members has to be attached with their signatures.

8.    Declaration: A signed copy of the declaration has to be given by the president of the proposed society that he is competent and willing to hold the said post.
All the above documents must be submitted to the Registrar of Societies, attached with the requisite fees in 2 copies. On receipt of the application, the Registrar shall sign the first copy as acknowledgment and return it, keeping the second copy for approval. On proper examination of the documents, the Registrar shall issue an Incorporation Certificate by allotting a registration number.

The signed Rules and Regulations, as well as Memorandum, has to be filed to the Registrar of state with a mentioned fee. If the Registrar is satisfied with the society registration application, they will certify that the society is registered.

Society Compliances Post Registration:

Post Registration Compliances for Societies
Below are the compliances required to be done immediately after the Registration of the Society:
•    PAN Card of society
•    Bank account in the name of the society
•    80G Registration
•    Accounts and Audit

Frequently Asked Questions:

Q.1 How to receive a society registration certificate in India?

The procedure for registering a society requires the following steps:
•    Arrange the documentation
•    Fill out the application form
•    Submit the offline or online application
•    The application form will go through an evaluation.
•    And Receive the Society registration certificate.

Q.2 Can you receive a Society renewal online?

Depending on every state, you can get receive society renewal online.

Q.3 How to receive a society registration certificate copy online?

To receive a society registration certificate copy, you require to:
•    Contact the authorities
•    You will receive a receipt
•    Submit that receipt online to recover/salvage the composition of the society registration.

Q.4 What are the documents needed for society registration?
•    PAN card
•    Residential proof
•    Bye-laws
•    Covering letter
•    Address proof
•    Society member list
•    Self-declaration from the society president.
•    Complete the filled society registration form.
•    Receipt of the society registration fees.

Q.5 Can you receive a Society registration certificate online?
Many asked the question – of how society registers online – and the answer is the same. Yes, you can. However, the process is different from state to state.

Q.6 How to register a society online to set up a housing association?
The process of society registration should be the same. However, in the society's bye-laws, you should specify that the housing association is the primary purpose behind your society's incorporation.

Q.7 What are the acceptable criteria for society registration?
One of the following must be your region behind the incorporation of your society in India:
•    Grant of Charitable help.
•    Promotion of Science, Literature, Fine and arts.
•    Develop Military orphan funds.
•    Dispersal of political education.
•    Maintenance or foundation of reading rooms, libraries, galleries, or public museums.
•    Promotion of dispersal & instruction of helpful knowledge.
•    Promotion of labor cooperative society registration with labor welfare.

Why Choose Vakilkaro?
•    For the welfare of the group of house.
•    For Promotion of Science, Literature, Fine arts.
•    Develop Military orphan funds.
•    Dispersal of political education.
•    Maintenance or foundation of reading rooms, libraries, galleries, or public museums.
•    Promotion of dispersal & instruction of helpful knowledge.
•    Promotion of labor cooperative society registration with labor welfare.

Why should you trust Vakilkaro?
•    100% guaranteed satisfaction
•    Largest Network across India
•    Easy to Hire
•    Provides legal service in easy language
•    Fast Work
 

FREQUENTLY ASKED QUESTIONS

Explore Online Society Registration In India

1. Who can become members of society?

Individuals, Partnership Firms, Limited Company, Foreigners, Registered Societies, etc.

2. What are the rights of members of society?

Entitled to vote, receive notices for meeting, attend meeting, receive financial statements etc.

3. Whether the society can apply for 12AB and 80G registration under Income Tax Act, 1961?

Yes, society can apply for the registration under section 12AB and 80G of the Income Tax Act.

4. Whether members have a share in society’s profits?

No, the members are not entitled to any share in profits.

5. When PAN can be applied for society?

Application in Form No. 49A is required to be filed after receiving the Incorporation Certificate.

6. Who are disqualified members of society?

Any member whose subscription is in arrears for a period of more than three months is not entitled to vote and is not counted as a member.

7. What is the % of consent required to dissolve society?

60% or more of the members must have agreed to dissolve the society.

8. Whether Government consent is required to dissolve society?

Yes, if the government is also a member of society or a contributor or otherwise interested in any society.

9. Whether the provision of the Income Tax Act, 1961 viz. TDS, Tax Slabs or Rates or GST Act apply to the society?

Yes, all the provisions of Income Tax Act, 1961& GST Act are applicable to the society unless specifically exempted.

10. What is the general body of society?

The general body of the society consists of all the members whether individuals or partnership firms, companies, other registered societies, etc. who have subscribed to the MOA.