A society is an association of persons united together by mutual consent to deliberate, determine and act jointly for some common purpose. Societies are usually registered for promotion of charitable activities like education, art, religion, culture, music, sports, etc., In India, The Societies Registration Act, 1860 lays down the procedure for society registration and operation in India. In this article, we look at the process for society registration in India:
The Registration or Constitution of a society is done in two parts:
A. Memorandum of Association
B. Rules and regulations of the society
Memorandum of Association
The MOA includes several clauses such as the name of the society, address of the registered office, and object for the formation of society and details of the general body.
Rules and Regulations
The rules and regulations again should address the following questions:
1. How is membership and subscription to be obtained to the society?
2. What rules and regulations govern the society and its members?
3. How are meetings to be organized (their frequency, calling for the meeting and so on)?
4. How will the committee or governing body be formed?
5. When will auditors be appointed?
6. How will legal matters be settled?
7. What can be the reasons for dissolution?
The rules and regulations, when formulated, need to be signed and certified by three office bearers of the society (usually the Chairman, President and Vice- president or secretary and the president, as applicable).
Both these documents must then be signed by each of the founding members, witnessed by a notary public or chartered accountant with their official stamp and address.
Before applying for registration, one need to ensure the clauses mentioned in both MOA and the rules are discussed and approved by the members. The ‘object clause’ in the MOA should clearly state the purpose of formation of the society. This clause may be crucial for the inclusion of the society under the Act.
Hence, hiring an expert to work through the clauses on both MOA and rules and regulations may ensure you have what the registrar is looking for approval of societies.
The signature of all members is mandatory.
A certified copy of the MOA, signed by the founding members, with a duplicate.
A certified copy of the rules and regulations, signed by the founding members, along with a duplicate copy.
A table with the names and address and occupation of all members of the society with their signatures
Minutes of the meeting (general body meeting conducted to set the rules and regulations)
Declaration by the president of the society
A sworn affidavit from the president or secretary, declaring the relationship between the subscribers.
Address proof of registered office and no-objection certificate from the landlord.