Overview

According to the Societies Registration Act of 1860, a society is an association of persons who come together for a specific purpose, such as the promotion of literature, science, art, religion, charity, or any other useful purpose. The Act defines a society as "an association of persons united for a common purpose" and provides for the registration of such societies. Societies can be formed by any group of people who wish to work together towards a common goal. They may be registered for various purposes such as the promotion of education, social welfare, cultural activities, environmental protection, and more. Once registered, society becomes a legal entity with the power to own property, sue and be sued, and enter into contracts in its own name. The registration also provides the society with certain legal benefits, such as the ability to receive grants and donations and to open bank accounts in its name. The Societies Registration Act, 1860 lays down the rules and procedures for the registration of societies in India. The Act specifies the requirements for the formation and registration of societies, the documents that need to be submitted, and the fees that need to be paid. The Act also provides for the dissolution and winding up of societies if necessary.

What are the different purposes for which a society can be registered?

Section 20 of the Societies Registration Act, 1860 provides for the different purposes for which a society can be formed. These purposes include:

• : Promotion of science, literature, or the fine arts
• : Diffusion of political education
• : Foundation or maintenance of libraries or reading rooms for general use among the members or open to the public
• : Promotion or diffusion of useful knowledge
• : Establishment or maintenance of public museums and galleries of paintings and other works of art
• : Collection of natural history, mechanical, and philosophical inventions, instruments, or designs
• : Establishment of public hospitals and dispensaries

Benefits

The benefits of society registration in India are:

• Legal recognition: Registration under the Societies Registration Act, 1860 gives the society legal recognition as a separate entity from its members and enables it to sue and be sued in its own name.
• Perpetual existence: A registered society enjoys perpetual existence and is not affected by changes in its membership.
• Limited liability: The members of a registered society are not personally liable for the debts or liabilities of the society.
• Tax benefits: Registered societies can avail of tax benefits under the Income Tax Act, such as exemptions on income earned from charitable activities and donations made to the society being tax-deductible for the donors.
• Ability to own property: Registered societies can acquire, hold and dispose of the property in their own name, and can enter into contracts and agreements.
• Credibility: Registration of a society lends credibility to its activities and helps to build trust and confidence among its stakeholders, including donors, members, and the general public.
• Access to funding: Registered societies are eligible to apply for funding from various government agencies, charitable organizations, and other sources.
• Clear governance framework: Registration under the Societies Registration Act, 1860 requires societies to have clear governance structures, including rules and regulations, a governing body, and regular reporting requirements. This helps to ensure transparency and accountability in society's operations.

Required Documents

The following documents are required for the registration of a society:

• : PAN Card of all the serving members
• ;: Residence Proof of all serving members such as: Bank Statement Utility Bill Aadhaar Card Passport Driving License
• : MOA and AOA
• : Rules and Regulations of the Society
• : Covering Letter: An application for society registration should be accompanied by a covering letter describing the society's objectives. Founders' signatures must be included.
• : Proof of Address: The Society's registered office address, along with a NOC from the landlord, if any, must be attached.
• : List of all Members: A list of all serving members of the governing body with their signatures must be disclosed.
• : Declaration: As a condition for holding this position, the Society's president must provide a written declaration stating that he is competent.

Registration Process

The detailed process for the registration of a society is as follows:

Why approach LAWYASA?

• Expert guidance: Lawyasa provides expert guidance and assistance throughout the Society registration process, ensuring that all legal requirements are met.
• Online platform: Lawyasa is an online platform, which means that you can access our services from anywhere, anytime.
• Experienced professionals: Lawyasa has a team of experienced professionals who are well-versed in the legal requirements for Society registration and can provide expert advice and guidance.
• Quick turnaround time: Lawyasa strives to provide quick and efficient services, ensuring that your Society registration is completed in a timely manner.

How can LAWYASA assist?

Lawyasa can assist in the society registration process in the following ways:

• Consultation: Lawyasa can provide expert consultation to help clients understand the registration process, legal requirements, and documents needed for society registration.
• Drafting of documents: Lawyasa can assist in drafting the memorandum of association, rules and regulations, and other necessary documents required for society registration.
• Application process: Lawyasa can help in the entire application process for society registration, including the submission of the application and documents to the Registrar of Societies.
• Follow-up and verification: Lawyasa can follow up with the Registrar of Societies and provide updates on the status of the registration process. Additionally, we can verify the submitted documents to ensure compliance with legal requirements.
• Post-registration compliance: Lawyasa can also help with post-registration compliance, such as obtaining tax exemptions, filing annual reports, and maintaining accurate records.

Frequently Asked Questions