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Society registration India

In India, registered societies provide a legal framework for individuals or groups of like-minded people to join forces and pursue a common goal or purpose. Registered societies are non-profit organizations that are formed for the purpose of promoting activities that are beneficial to society, including culture, education, science, literature, philanthropy, and social welfare. Registration in India offers a range of advantages, such as legal recognition and credibility, as well as access to tax exemptions and funding opportunities.Registered societies in India are eligible to benefit from the Income Tax Scheme, which can lead to considerable cost savings. Furthermore, registered societies can apply for Government Grants, Funding, and Schemes for Social, Educational, or Charitable Activities. Finally, registered societies have limited liability, which provides protection to their members.
Society registration in India encourages collaboration and networking, and increases the impact of the society, as it ensures that it is accountable, transparent, and adheres to its objectives and rules as outlined in the governing documents. In conclusion, registered societies in India give individuals and groups the opportunity to work together for a common cause and make a lasting positive impact on society.

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Who are eligible for registering SOCIETY?

Various types of organizations and groups are eligible for registering as a society in India. The eligibility criteria typically include:

Like-minded Individuals

A group of individuals who share a common objective, purpose, or interest can come together to form a society. This can include individuals with a cultural, educational, social, or charitable focus.

Minimum Number of Members

The minimum number of members required to register a society may vary depending on the state's specific laws and regulations.

Indian Citizenship

Generally, societies are open to Indian citizens or entities registered under the Indian laws. Non-resident Indians (NRIs) or foreign nationals may also be part of the society with certain restrictions and permissions as per the applicable laws.

No Profit Motive

Societies are typically formed for promoting objectives that are not for profit or commercial gain. The primary focus is on activities that benefit society, such as cultural, educational, scientific, literary, charitable, or social welfare initiatives.

Detailed Procedure

The procedure for registering a trust in India involves several steps. Here is a detailed outline of the process
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Formation of a Governing Body
Organize a group of individuals who possess a shared goal or vision for the formation of a society. The society will be governed by a governing body and the members of the society will be accountable for its governance and decisions.
Define Objectives and Rules
Define the purpose, objectives, and scope of the organization. Prepare a Statement of Objections (MoA) and Bylaws (statutes) outlining the organization's purpose, governance framework, membership requirements, and operating procedures.
Choose a Name
Select a unique name for the society that reflects its purpose and is not similar to any existing registered society or organization. Ensure the chosen name complies with the guidelines specified by the Registrar of Societies.
Prepare Documents
Prepare the necessary documents for society registration, including the following: - Memorandum of Association (MOA) and Rules and Regulations (Bylaws) signed by all the founding members. - Address proof for the registered office of the society. - Identity proof (such as Aadhaar card, passport, or voter ID) and address proof (such as utility bills or bank statements) of all the founding members. - Consent letters from all the founding members agreeing to be part of the society and serve as office bearers.
Submit Application
Prepare the registration application by completing the prescribed form, which can be obtained from the office of the Registrar of Societies or downloaded from their official website. The application should include the following: - Duly filled application form. - Memorandum of Association (MOA) and Rules and Regulations (Bylaws). - Address proof for the registered office. - Identity and address proof of the founding members. - Consent letters from the founding members.
Pay the Required Fee
Pay the registration fee, which is usually determined based on the authorized capital of the society. The fee can be paid through a demand draft or online payment as specified by the Registrar of Societies.
Submission and Verification
Submit the complete application along with the required documents and fee to the office of the Registrar of Societies in Hyderabad. The authorities will review the application, documents, and compliance with the relevant laws and regulations.
Certificate of Registration
If the application is approved and all conditions are fulfilled, a Certificate of Registration is issued by the Registry of Societies. This certificate certifies the legal status of the society and contains essential information such as the name, registration number and date of registration.
Post-registration Requirements
After receiving the Certificate of Registration, the society must comply with various post-registration requirements. This includes opening a bank account in the name of the society, maintaining proper books of accounts, conducting regular meetings, and submitting annual reports and financial statements to the Registrar of Societies.

Documents Checklist

The specific documents required for registering an NGO can vary depending on the country and its regulations. However, here is a general checklist of documents that are commonly required during the registration process:

Memorandum of Association (MOA)

  • A document that outlines the objectives, goals, and activities of the society. It should include details such as the name of the society, its registered office address, aims and objectives, rules and regulations, and the names and addresses of the founding members.

Rules and Regulations (Bylaws)

  • This document provides detailed guidelines on the governance structure, membership criteria, rights and responsibilities of members, procedures for meetings and decision-making, and other operational procedures of the society.

Address Proof for Registered Office

  • Any valid document that serves as proof of the registered office address of the society. This can include a property tax receipt, electricity bill, lease agreement, or ownership deed.

Identity Proof of Founding Members

  • Identity proof documents (such as Aadhaar card, passport, or voter ID) of all the founding members of the society.

Address Proof of Founding Members

  • Address proof documents (such as utility bills, bank statements, or rental agreement) of all the founding members of the society.

Consent Letters

  • Consent letters from all the founding members agreeing to be part of the society and serve as office bearers. These letters should include their consent to act as members of the governing body and authorize the designated office bearers to sign and submit documents on their behalf.

Registration Application Form

  • The prescribed application form for society registration, obtained from the office of the Registrar of Societies or their official website. This form needs to be duly filled with all the necessary details.

Registration Fee

  • The required registration fee, which may vary based on the authorized capital of the society. The fee can be paid through a demand draft or online payment, as specified by the Registrar of Societies.

Merits of Society registration

Legal recognition

Registration gives the organization a unique identity and legal standing. It creates the company as a distinct legal entity, allowing the company to enter into agreements, own assets, and be sued or sued in its name.

Trust and credibility

Registered companies often have a higher degree of trustworthiness and credibility among stakeholders, such as members, donors and the general public.

Transparency and accountability

The registration process includes scrutiny of the company’s objectives, rules and governance structure.

Access to funding and grants

Registered companies are likely to be eligible for government grants and funding, and may be eligible for schemes for social, education, cultural or charitable purposes.

Tax exemptions

In many countries, registered companies may be exempt from income and property taxation. This can lead to considerable cost savings and allow the company to use its resources more efficiently.

Permanent existence

A registered society has a permanent existence and is not affected by changes in membership. Even if founding members step down or new members join the society, it remains intact and continues to operate.

Limited liability

Members of a registered society have limited liability, which means that their personal assets are not at risk in the event of a legal or financial liability being incurred by the company.

Formal connections and collaboration

Registration allows the company to establish formal connections with other organizations both inside and outside the company. This allows the company to network, share resources, and collaborate on projects, thus increasing the company's impact and synergy.

Increased impact and outreach

A registered company can attract more members and donors who are confident in the company's legal status and transparent operations. This also helps in raising awareness about the company's objectives and activities.

Comparison chart of different NGO entities

BASIS OF COMPARISON
TRUST
SOCIETY
SECTION 8 COMPANIES
Legal framework
Governed by Trust Act
Governed by Societies Act
Governed by Companies Act
Object
Charitable or religious purposes
Promote arts, culture, sports, education, etc.
Charitable or educational purposes
Minimum Number of Members/Trustees
Minimum of two trustees
Minimum of seven members
Minimum of two shareholders or members
Registration process
Registered with Charity Commissioner or Registrar of Trusts
Registered with Registrar of Societies
Registered with Registrar of Companies
Membership
No membership concept
Members
Shareholders
Name of entity
Ends with "Trust"
Ends with "Society"
Ends with "Foundation," "Association," "Institute," etc.
Tax Benefits
Eligible for tax exemption
Eligible for tax exemption
Eligible for tax exemption
Audit Requirements
Annual audit required
Audit is not mandatory
Annual audit required
Liability
The liability is generally limited
The liability is generally unlimited
The liability is limited
Profit distribution
Not allowed
Not allowed
Not allowed

FAQ's

A society and a trust are two different legal structures in India. A society is typically formed for promoting cultural, educational, scientific, literary, charitable, or social welfare activities. A trust, on the other hand, is primarily established for managing and administering assets for the benefit of beneficiaries. The key difference lies in their objectives and the way they operate.
The timeline for society registration in India can vary depending on factors such as the state where registration is sought and the efficiency of the registrar’s office. In general, it may take a few weeks to a few months to complete the registration process.
The minimum number of members required to register a society in India varies from state to state. In most states, it is at least seven members. However, it is important to check the specific requirements of the state where registration is sought.
Yes, a foreign national can be a member of a registered society in India, subject to certain restrictions and permissions as per the applicable laws. It is advisable to consult the Foreign Contribution (Regulation) Act (FCRA) and other relevant regulations for more details.
Registered societies in India may be eligible for tax exemptions under Section 12A and Section 80G of the Income Tax Act, subject to compliance with the prescribed conditions and regulations. It is recommended to consult a tax professional for accurate information and guidance.
Yes, registered societies in India can receive foreign donations subject to compliance with the provisions of the Foreign Contribution (Regulation) Act (FCRA) and obtaining prior approval or registration under FCRA.
Yes, a registered society in India can change its name or objectives. However, such changes require approval from the concerned authority and compliance with the relevant legal procedures.
Post-registration compliance requirements for a registered society in India include maintaining proper books of accounts, filing annual returns with the registrar, conducting regular meetings, and adhering to the objectives and rules mentioned in the society’s governing documents.
Yes, a registered society in India can operate in multiple states, as the registration provides recognition and legal standing across the country. However, it may need to comply with state-specific regulations and requirements.
Can a registered society convert into a different legal structure in India?
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