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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

    Separate Legal Entity

    Society gains a status of a legal entity in eye of laws

    Owning Property

    Owning Property

    It enables the Society to vest the property in its own name

    Legal Rights

    Legal Rights

    It provides the right to enforce legal proceedings in the Court of law.

    Bank Account

    Bank Account

    facilitate opening the bank account in the name of Society

    Fundraising

    Fundraising

    It enables the Society to raise funds from outsiders.

    Tax Exemptions

    Tax Exemptions

    It can avail tax exemption from income tax

    Lesser Liabilities

    Lesser Liabilities

    It carries fewer liabilities

    Registration Benefits

    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?

    Step 1

    Fill-up our Contact Form and Submit

    Step 2

    Our Expert/ Legal Professional will contact you and provide brief guidance into the related context

    Step 3

    Selection of Unique Name.

    Step 4

    All Required Documents and Details to be provided as discussed with our Expert.

    Step 5

    Our Expert will start Drafting of required documents and will send for review and confirmation from members.

    Step 6

    Registration of Society.

    Step 7

    Application for PAN and TAN Registration

    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

    PAN card

    A self-attested copy of PAN card of all members of the Proposed Society.

    Members Address Proof

    A self-attested copy of Aadhaar Card/ Voter ID/ Passport/ Driving License or Bank Statement/ Utility Bills not older than 2 Months of all members of the Proposed Society.

    MOA & AOA

    A certified copy of MOA & AOA signed by all members.

    Covering letter

    A covering letter mentioning the objective or the purpose for which the society is being formed will be annexed to the beginning of the application. It will be signed by all the founding members of the society.

    Rules and Regulations

    The Rules and Regulations of the Proposed Society to be prepared within which it will operate its objective and business.

    Office Address Proof

    Copy of Electricity bill or Sale Deed or rent agreement and latest self- attested electricity bill in case of rented accommodation not older than 2 months.

    NOC from owner

    No Objection Certificate to be obtained from the owner(s) of registered office.

    List of Members

    A list of all the members of the governing body has to be given along with their signatures.

    Declaration by President

    A declaration has to be given by the President of the proposed society that he is willing and competent to hold the said post.

    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?

    3. What should not be there in the name of the Society?

    4. Is there any maximum limit for the number of members in the society?

    5. In what other ways an NGO can be registered in India?

    6. Can government employees or officers be members of NGO?

    7. How is the property of the society managed?

    8. Can Memorandum, Byelaws of society be amended? If so, what is the procedure?

    9. How much time does it take for Society Registration?

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