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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
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