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Society Registration
A society is an association of persons joined 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. The said societies are governed by the Societies Registration Act of 1860 and the said act is amended by the respective states.
Registration of society is required to promote the fine arts, science, literature, or knowledge sharing for a purposeful matter or for charity. On the other hand, society is also formed for the maintenance of a residential or commercial complex or for creating the Apartment Association. There are two types of society, one is for National Level Society, and another one is State Level Society. In the case of National Level Society, the members/ desirous person must represent seven different states. The process of registering NGO as society differs from state to state.
ComplianceIndia can be your legal and professional partner in India to help you understand how to get Society Registration in India quickly and cost-effectively.
Advantages of Society Registration
Separate Legal Entity
Society gains a status of a legal entity in eye of laws
Owning Property
It enables the Society to vest the property in its own name
Legal Rights
It provides the right to enforce legal proceedings in the Court of law.
Bank Account
facilitate opening the bank account in the name of Society
Fundraising
It enables the Society to raise funds from outsiders.
Tax Exemptions
It can avail tax exemption from income tax
Lesser Liabilities
It carries fewer liabilities
Registration Benefits
It helps the society to obtain registration under the Income Tax Act, the Foreign Contribution Regulation Act, etc.
Eligibility for Society Registration
Minimum Seven persons with common intent of being formed into a Society.
Note: Societies which propose to operate on all India bases should have one member each from atleast seven states of the Union of India.
How we Work?
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Packages
Consultation Charges
Nil
Complete assistance by Experts or Professionals indicating Process, Documents required, Benefits, Tax compliance, Legal Compliance, etc.
Start-up Plan
Rs. 4,499/- only
- – Society Registration
- – PAN and TAN Registration
- – Expert advice from Experts/ Legal Professionals
Advance Plan
Rs. 9,999/- only
- – Drafting of MOA and Bylaws
- – Society Registration
- – PAN and TAN Registration
- – Legal Drafting of documents
- – Expert advice from Experts/ Legal Professionals
Ultimate Plan
Rs. 14,999/- only
- – Drafting of MOA and Bylaws
- – Society Registration
- – PAN and TAN Registration
- – Current Account Opening in your nearest Branch
- – Legal Drafting of documents
- – Annual Compliance for First Year
- – Expert advice from Experts/ Legal Professionals
Documents Required for Society Registration
Comparison with other forms of Business
Particulars | Society | Trust | Section 8 Company |
Meaning | It is formed when a collection of people come together for a common charitable purpose. But it is not limited to charitable purposes but may extend to multiple other fields. | It is considered to be the oldest form of charitable organisation. It is an arrangement between parties whereby one party holds ownership over property on behalf of another person | It is a company established with the purpose has in its objects the promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object and whereby they apply any profits into furthering the objective. |
Governing Legislation | Societies Registration Act,1860. | A trust is established under and governed by the Indian Trust Act, 1882 for private trusts. General law is applied for public trusts except in a few states such as Gujarat and Maharashtra, which have their own state laws. | Companies Act, 2013 |
Registered as | NGO/NPO | NGO/NPO | NGO/NPO. But they enjoy all the privileges of a limited company without the need for them needing to add Pvt. Ltd. to the name. |
Document of constitution | MOA (memorandum of association) and Rules and regulations | Trust Deed | MOA and AOA (articles of association) |
Registration Authority | Registrar or Deputy Registrar of the particular state in which it is to be registered. | Deputy Registrar of the state | Registrar of Companies (ROC) or Regional Director |
Minimum members required at State level Registration | 7 members minimum (5 for Jammu and Kashmir and Telangana) | 2 trustees minimum | 2 directors and 2 shareholders. It should be noted that the directors may also be the shareholders. |
Minimum members required at National level Registration | 8 members minimum from 8 different states are required in National level Society. | 2 trustees minimum | 2 directors and 2 shareholders. It should be noted that the directors may also be the shareholders. |
Foreigners as Members/ Directors | Not Prohibited by law | No restriction | Allowed |
Annual compliances | The society must file the list of names, occupations and address of the managing committee members of the society to the Registrar annually | There are no mandatory yearly compliance to be met by a trust | The Company must file the annual returns and accounts with the ROC. |
Cost factor | Medium | Low | High |
Grants and subsidies from the government | Not much | Not much | Considerable (possible) |
Preference in registration under FCRA | Low preference | Low preference | Preferred |
Registration under The Income Tax Act, 1961 | Allowed | Allowed | Allowed |
Transparency | Low | Low | High |
Area of Operation | Usually, restricted to state boundaries | Most of India | All of India |
Legal right over the property | Held in the name of the society | Held by the trustee | Held in the name of the company |
Registration period (approximately) | 20-25 days | 15-20 days | 30-45 days |
Stamp duty | None | Dependent upon the state stamp duty Act a well as the total worth of the property involved in the matter. | None |
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Frequently Asked Questions
1. What is meant by a Society or An Association? Why should it be registered?
A Society/ Association is an organized group of people with the sole aim and objectives of non-profitable service. Registration of Societies is optional. Registration of such an association will have legal recognition. It will be possible to run society legally with discipline. Society can sue and be sued.
2. For what purpose a Society or an Association be formed?
A Society or Association could be formed for the following purposes:
– Art, Fine Arts, crafts;
– Educational, charity, cultural, literature and religious;
– Sports (excluding games of chance);
– Knowledge of commerce and industry;
– Political education and training;
– Maintaining Library;
– Collection/ preservation of historical monuments, technical and philosophical research. Promotion of scientific temper in the society etc.
– Diffusion of any knowledge or any public purpose.
3. What should not be there in the name of the Society?
The name shall not be similar to one already existing in the District. Names prohibited or registered by State or Central Government through executive instructions or through Emblems and Names (Prevention of Improper Use) Act, 1950. Names with an Indian Institute or University also cannot be registered.
4. Is there any maximum limit for the number of members in the society?
No. The society can any have any number of members. There is no prescribed upper limit according to the Societies Registration Act. However, there needs to be a minimum of 7 members.
5. In what other ways an NGO can be registered in India?
Based on the cause and objectives, NGOs can be registered as Trust or Section 8 companies.
6. Can government employees or officers be members of NGO?
Yes. Government employees or officers can be part of NGOs, provided the NGO is not anti-government. Also, there are a few rules the intended members have to follow, one of them is to make sure that the particular organization is not profit making and the members must not draw any salary from the NGO.
7. How is the property of the society managed?
The property of the society vests in the name of the society and the same can be sold as per the terms mentioned in the bye-laws of the society. (e.g., approval from the Executive Committee Member)
8. Can Memorandum, Byelaws of society be amended? If so, what is the procedure?
Memorandum can be amended by approval in a special General Body Meeting called for the purpose after giving due notice and by approval another special General Body Meeting called after 30 days. Byelaws can be amended by approval of majority of members in Special General Body Meeting. Such amended byelaws shall be filed with the Registrar within one month.
9. How much time does it take for Society Registration?
ComplianceIndia can get your Society Registration in 8-10 working days. The time taken for registration will depend on submission of relevant documents by the client and speed of Government Approvals. To ensure speedy registration, please ensure you have all the required documents prior to starting the registration process.
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