Step-by-Step Process of Society Registration in India

Society Registration is a vital step towards creating legal entities which engage in multiple activities for the betterment of society. This involves legal stipulations and proper documentation to fix the society recognition and working within the legal regulatory framework of the country.

Understanding Society Registration

Society Registration is the official procedure by which an association of people’s which are united by one common goal seeking legal recognition to get in activities which include charitable pursuits, political education, promotion of science and advancement of literature. As, by becoming a registered society an organisation attains a status of a legal entity which can avail benefits such as tax exemptions. While it also has to abide by particular rules and regulations as made by the government.

Step 1: Drafting of Memorandum of Association (MOA)

:- For successfully registering society registration it involves drafting a Memorandum of Association (MoA). This document provides the objectives and purpose of the society, ita name, address and details of the members with other relevant details. Its particularly important to ensure that the objectives are in accord with those mentioned in Schedule VII of Companies Act,2013.

Step 2: Obtaining Digital Signature Certificate (DSC)

:- Once the MoA is prepared, the next step is obtaining the Digital Signature Certificate(DSC). The certificate is mandatory for registration of any kind of organisation and it serves as the digital identity proof for doing online transactions such as for filing returns or making applications. For any order to obtain this certificate, an individual can visit an authorised DSC provider with proper identification documents and proof of address. Once it is issued this can be used while registering the registering your society online.

Step 3: Filing Form INC-12 Online

:- Form No. INC-12 could be filed with Registrar of Societies to complete registration formalities for completing registration formalitites in order to complete registration formalities. It contains general information including objects and bye laws given by the society which should be drafted before with consultation with a legal expert for better accuracy. Once this form is filled it should be submitted with a copy of the Digital Signature Certificate attached with it.

Step 4: Attestation of Documents

:- After submitting form-12 online documents which need attestation by either an executive magistrate or a Public Notary depending on the locality where the society operates.Documents such as copies of MoA along with the copies which contain signatures from all the members who are in it. All these signed documents are send to the registrar’s office via post within 30 days after the submission date mentioned in the acknowledgement receipt obtained upon successful submission of form-12 online.

Step 5: Approval & Receiving Certificate

:- If all the documents comply with the proper regulations, then you will receive an approval notification from the office of Registrar followed by the issuing a Certificate of Registration which mentions the name and registration number given to the society once approved. This certifies that the society is now a legally recognised entity which is capable to carry out the activities based on the objectives and purpose which is included in MoA initially purposed during the draft stage itself.

:- Once, these five steps for society registration is completed, the organisation can avail of all the benefits and advantages which are associated with a legal status. Its important to nota that all members must be in compliance with the existing laws and regulations for running a registered society in order for avoiding penalties from government authorities.

Preparing for Society Registration

:- While initiating the registration process, ensuring that the to be registered society having a clear objective and a well defined structure. Collect all the necessary documents, which can include valid residence proof , address proof and details of the proposed registered office.

Formation of a Society

:- Forming an executive body which oversees the daily activities of the registration society. This executive body is responsible for maintaining records, managing the consigned and vested properties while complying with all the legal matters.

Application for Society Registration

:- Preparing an application for registering the society in the proper format. The application should include the name of society, objectives, details of the founding member and a declaration of mutual consent for forming the society.

Submission of Documents

:- Compiling the list of documents which are required for registering the society includes a cover letter, a copy of Memorandum of Association(MoA), consent letters from the founding members and a list of all the office bearers. Submit these documents to the Registrar of Societies or the concerned authority in your jurisdiction.

Verification and Approval

:- The related authority will review all the documents and verify all the details provided in the application. If all the requirements are completed then the authority will grant all the approval of the society registration.

Obtaining Registration Certificate

:- Once approved the society receives a registration certification. This certificate acts as a proof of the legal existence of the society and enabling it to function as a registered entity.

Compliance and Annual Filing

:- Registered societies need to comply with the legal obligations, it includes filing annual reports and financial statements. It helps in maintaining transparency and accountability in the society operations.

Advantages of Society Registration

  1. Tax Exemptions: These societies are eligible for tax exemptions, which significantly benefit their activities and contribute to their objectives.
  2. Legal Recognition: Registering Societies gives legal status to the society, making it a recognised entity under the law.
  3. Access to Funds: Registering societies gives access to grants, donations and funding from government authorities and commercial investors.
  4. Operational Flexibility: They have the flexibility to engage in various activities which include charitable, educational and philanthropic pursuits.
  5. Property Management: These societies have their own and manage properties in their name, Registered societies can own and manage properties in their name, making possible their Activities and Objectives.

Incorporation of a society involves an extensive process which ensures the proper function and compliance of the organisation. As, adhering the steps outlined above, aspiring organisations could establish themselves as registered societies, contributing to the society’s betterment and advancement.

Conclusion

The process of society registration in india acts as a gateway for organisations which aims to give positive change through charitable activities, political education and more. By adhering to legal regulations and following a structured approach, these societies gain not only a legal identity but also a platform to propel their altruistic purposes.

Registration elevates a society into a legal entity, endowed with the power to hold properties, engage in business activities, and create a lasting impact. As, by gaining legal recognition, registered societies can attract donations, grants, and support from government authorities, commercial investors, and common people united by a common goal.

Frequently Asked Questions (FAQs) – Society Registration in India

1. What is society registration, and why is it important?

:- Society registration is the formal process through which a group of individuals comes together for a common purpose, such as charitable activities or political education, and seek legal recognition for their organization. It’s essential as it grants legal status, tax benefits, and credibility to society, enabling it to operate transparently and effectively.

2. What are the key activities that a registered society can engage in?

:- A registered society can engage in a variety of activities, including but not limited to charitable pursuits, political education dissemination, promotion of science, advancement of literature, maintenance of libraries, and more, all aimed at contributing positively to society.

3. How do I choose a registered office for the society?

:- Select a physical location where the society’s official documents and records will be maintained. The address provided should be valid and accessible, serving as the society’s official correspondence address.

4. What documents are required for society registration?

:- The required documents typically include a valid residence proof of the members, address proof of the registered office, a memorandum of association, consent letters from founding members, and details of the executive body overseeing the society’s activities.

5. Can a society be registered online?

:- Yes, society registration can often be completed online in India. Many states offer online platforms where you can submit your application and required documents. Check with the concerned Registrar of Societies for specific guidelines and procedures.

6. What is the role of the executive body in a registered society?

:- The executive body is responsible for the day-to-day management of the society’s activities. This includes ensuring compliance with legal requirements, maintaining records, managing funds, and making decisions aligned with society’s objectives.

7. How long does the society registration process typically take?

:- The time required for society registration can vary depending on factors such as the state in which you’re registering and the completeness of your documentation. It generally takes a few weeks to a few months for the entire process to be completed.

8. Can a registered society own property in its name?

:- Yes, a registered society can own and manage properties in its name. It makes it easier to carry out its activities and establish a stable base for its operations.

9. What are the advantages of tax exemptions for registered societies?

:- Registered societies are eligible for tax exemptions. It means they can retain a larger portion of their funds to support their activities. This financial advantage allows societies to maximize their impact on their chosen objectives.

10. Is annual filing mandatory for registered societies?

:- Yes, registered societies must file annual reports and financial statements. This practice ensures transparency, accountability, and compliance with legal obligations.

11. Can a registered society engage in profit-making activities?

:- While a registered society should primarily focus on its stated objectives, it can involve itself in specific profit-making activities. But, provided that it reinvests the generated profits to advance the society’s objectives rather than for personal financial gain.

12. How can I dissolve a registered society if needed?

:- The process of dissolving a registered society involves following the legal stipulations outlined in the society’s governing documents. Typically, it requires a formal decision by the members and adherence to the dissolution process as per the relevant laws.

13. Can a society register to promote multiple objectives?

:- Yes, a society can register with multiple objectives. As, long as they align with the legal stipulations and the society maintains a focus on its stated purposes.

14. Can foreign nationals be part of a registered society in India?

:- Yes, foreign nationals can be part of a registered society in India. It’s important to adhere to any legal requirements or restrictions related to their involvement as outlined by Indian laws.

Remember that society registration is a legal process. It’s advisable to seek professional guidance or consult with legal experts to ensure a smooth and accurate registration procedure.