About Society registration in India
Society registration refers to the process of forming a society or an association of individuals who come together for a common purpose. This purpose can be any charitable, educational, cultural, literary, scientific, or other similar objective that is not aimed at making profits. In India, society registration is governed by the Societies Registration Act, 1860.
A society is usually formed by a group of people who share a common interest and wish to work together towards a common goal. This may include activities such as promoting education, providing healthcare, working towards environmental sustainability, or providing relief to the poor and needy. By registering a society, the group of individuals can formalize their association and establish a legal entity that is recognized by the government.
One of the key benefits of registering a society is that it provides legal recognition to the group, which means that the society can own property, enter into contracts, and sue or be sued in its own name. It also provides a platform for the members to pool their resources and work together towards a common goal in a more structured and organized manner.
Additionally, society registration allows the members to apply for tax exemptions and other benefits offered by the government for charitable and philanthropic activities. Overall, society registration can be a powerful tool for individuals to come together and make a positive impact on society in a structured and organized way.
Types of Society Registration in India
In India, there are primarily two types of society registration that can be pursued under the Societies Registration Act, 1860:
- Charitable Society Registration: A charitable society is formed for the promotion of charitable activities such as education, healthcare, poverty relief, or any other activity that benefits society as a whole. Charitable societies are formed for non-profit purposes, and any income or surplus generated by the society is used for the furtherance of the society’s objectives. To register as a charitable society, the society must demonstrate that its objectives are charitable in nature and that it will work towards the benefit of the public.
- Cultural Society Registration: A cultural society is formed for the promotion of art, literature, music, dance, theater, or any other cultural activity. The society can be formed for the preservation, promotion, and dissemination of cultural knowledge and practices. A cultural society can also be formed for the development of skills and expertise in any cultural activity. To register as a cultural society, the society must demonstrate that its objectives are cultural in nature and that it will work towards the promotion and preservation of cultural activities.
Apart from these two primary types of society registration, there are also other types of societies that can be registered under the Societies Registration Act, 1860. For example, professional bodies such as medical societies or legal societies can be registered as societies. Similarly, sports clubs, youth clubs, and other types of clubs can also be registered as societies. The type of society registration will depend on the objectives of the society and the activities that it intends to undertake.
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Checklist and Document Requirement for RWA Registration:
To register a society registration in India under the Societies Registration Act, 1860, you need to prepare a checklist of the required documents and follow the registration process. Here is a checklist of the documents required for Society registration:
- Memorandum of Association (MOA): This document is a statement that outlines the purpose, goals, objectives, and rules of the society. It should include the name and address of the society, the names and addresses of the members, and the objectives of the society.
- Rules and Regulations: This document provides the framework for how the society will be governed and managed. It includes provisions for membership, meetings, voting, management, and other administrative matters.
- ID proof of members: The members of the society must provide valid identity proofs such as Aadhaar card, voter ID, or passport.
- Address proof of society: The society must provide proof of its registered address, such as a utility bill or rent agreement.
- Passport-sized photographs of members: Each member must provide two passport-sized photographs.
- List of members: The society must provide a list of its members with their names, addresses, and signatures.
- Minutes of the meeting: The minutes of the meeting where the decision to form the society was taken must be submitted.
- Affidavit: An affidavit signed by the president or secretary of the society affirming the MOA and Rules and Regulations must be submitted.
- Application form: The application form for society registration must be filled out and submitted.
Registration Process of Society In India
Once you have prepared the checklist of the required documents, you need to follow the registration process:
Step 1: Gather Documents and Prepare MOA and Rules Gather all the required documents such as ID proof, address proof, list of members, minutes of the meeting, affidavit, and application form. Prepare the Memorandum of Association (MOA) and Rules and Regulations as per the requirements of the Societies Registration Act, 1860.
Step 2: Hold a Meeting Convene a meeting of all the members to discuss and finalize the MOA and Rules and Regulations. The meeting should be documented in the form of minutes and signed by the president and secretary of the society.
Step 3: Apply for Name Availability Choose a unique name for the society and apply for name availability to the Registrar of Societies. The name should not be similar to the name of any existing society or company.
Step 4: Submit the Documents Once the name is approved, submit the application form along with the MOA, Rules and Regulations, list of members, minutes of the meeting, and other required documents to the Registrar of Societies.
Step 5: Verification and Approval the Registrar of Societies will verify the documents and the application. If everything is in order, the Registrar will approve the registration and issue a Certificate of Registration.
Step 6: Collect the Certificate of Registration Collect the Certificate of Registration from the Registrar of Societies. The certificate will include the name, address, objectives, and rules of the society.
Step 7: Apply for PAN and Bank Account Apply for a Permanent Account Number (PAN) and open a bank account in the name of the society.
Step 8: Commence Activities Once the society is registered and has a bank account and PAN, it can commence its activities as per the objectives outlined in the MOA and Rules and Regulations
Compliance to do After Obtaining Society registration
After obtaining society registration in India, there are several compliance requirements that the society must fulfil. Here are some of the important compliance requirements:
- Maintenance of Accounts: The society must maintain accurate and up-to-date accounts of all its income, expenses, assets, and liabilities. The accounts must be audited annually by a qualified auditor and submitted to the Registrar of Societies.
- Annual Filing of Returns: The society must file an annual return with the Registrar of Societies within one month from the date of the Annual General Meeting (AGM). The annual return must include details such as the number of members, income and expenditure, assets and liabilities, and any changes in the management or objectives of the society.
- Holding Annual General Meeting (AGM): The society must hold an AGM every year within six months from the end of the financial year. The AGM must be attended by all members of the society, and the proceedings of the meeting must be documented in the form of minutes.
- Compliance with Income Tax Regulations: The society must comply with the income tax regulations applicable to it. It must file its income tax return every year and pay any taxes due on its income.
- Compliance with Other Laws: The society must comply with other laws applicable to it, such as the Goods and Services Tax (GST) law, if it is applicable. It must also comply with any other laws or regulations that may be applicable to its activities.
- Keeping Records: The society must maintain proper records of its activities, including minutes of meetings, attendance registers, and any other relevant documents.
- Changes in Management or Objectives: If there are any changes in the management or objectives of the society, the society must inform the Registrar of Societies within 30 days of such changes.
Top 10 advantages to register as Society In india
Registering as a Society for charitable and cultural purpose in India has several advantages. Here are the top 10 advantages of registering as an Society in India:
- Legal Recognition: Registering a society provides it with legal recognition as a separate legal entity, which means it can enter into contracts, own property, and sue or be sued in its own name.
- Perpetual Existence: A society has perpetual existence, which means that it continues to exist even if its members change or resign.
- Limited Liability: Members of a society have limited liability, which means that they are not personally liable for the debts or liabilities of the society.
- Tax Benefits: Registered societies are eligible for tax exemptions under the Income Tax Act, 1961, and other applicable laws. They can also receive tax-deductible donations from donors.
- Easy Funding: Registered societies can easily receive funding from various sources, including government grants, corporate donations, and individual contributions.
- Credibility: Registered societies have greater credibility and are considered more trustworthy by donors, sponsors, and other stakeholders.
- Branding and Marketing: Registered societies can use their registration certificate to brand themselves and market their services to a wider audience.
- Bank Accounts: Registered societies can open bank accounts in their own name, which makes it easier for them to manage their finances and receive donations.
- Recognition for Social Work: Registering a society provides recognition for the social work that it does, which can inspire other people to get involved and contribute to the cause.
- Flexibility: Registered societies have a great deal of flexibility in terms of their organizational structure, objectives, and activities, which makes it easier for them to adapt to changing circumstances and respond to emerging needs.