Society Registration acts as a vital point in enabling charitable activities and philanthropic works in a legal framework. It creates a formalized structure for the organisations for getting engaged in welfare initiatives, promoting literature and advancing knowledge for the betterment of society.
Understanding Society Registration
Society Registration touches on the formal procedure through which group of individuals come together with a common goal intention and work for charitable purposes. It could include providing charitable assistance, getting in philanthropic activities and promoting literature or advancing knowledge.
It is the formal procedure by which people who have an association of people which are united by a common goal seek to get legal recognition for getting engaged in activities such as charitable pursuits, political education dissemination, promoting science and advancing literature. By becoming a society registered, the status of the organisation changes as a legal entity and could avail all the benefits such as tax exemptions. Also, societies have to abide by particular rules and regulations which are laid down by the government.
Step 1: Draft a Memorandum of Association (MOA)
The first step for a successful registration requires drafting a Memorandum of Association(MoA). It outlines the objectives and the purpose of the society, name, address and details of the members with other details. Its important to ensure that these objectives are in compliance with the Schedule VII of Companies Act,2013. Also all the members are required to sign the MoA.
Step 2: Obtaining Digital Signature Certificate (DSC)
Once MoA is prepared , the next step is getting a Digital Signature Certificate(DSC). It is mandatory to register any kind of organisation online and it serves as a digital identity poof for doing Online Transactions such as filing returns or making applications. For acquiring this , one needs to acquire this certificate, by visiting an authorised DSC provider with a valid identity document and an address proof.
Step 3: Filing Form INC-12 Online
Filling the Form INC-12 completes the registration formalities. It contains the basic information such as name and address of the society with the details of its members and the governing body. It also requires information which is related to the objects and bye laws proposed by the society which should be drafted earlier with a specialized in that matter. Once its filled completely, it should be submitted electronically with an attached DSC copy.
Step 4: Attestation of Documents
After submitting the Form INC-12 online, some documents need attestation from a Executive Magistrate or a Public Notary depending on the locality from where the society operates. All these documents could include the MoA, Digital Signature Certificate. You shall send all these documents to Registrar’s Office in 30 days after the submission date mentioned on the acknowledgement receipt obtained by successfully submitting the form INC-12.
Step 5: Approval & Receiving Certificate
Upon submitting all the documents and perfect compliance with existing regulations, an approval notification from Registrar’s office followed by issuance of a certificate of registration which mentions the name and registration number which is given to your society once approved. This certificate states that the society is now legally recognised entity which is enough capable to conduct activities which are based on objectives which are included in MoA initially proposed at the draft stage.
Registration of Society in India
After completing these steps of society registration, organisations could take the benefits and advantages which are associated with legal status. It is noteworthy that all members should remain in compliance with the present regulations and laws while running a society registered in order for avoiding penalties from government authorities.
For establishing a society, some considerations and procedures are involved. Below mentioned are the considerations:-
- Minimum number of members: At Least 7 or more individuals, companies, foreigners, or other registered societies to form a society.
- As like in partnership firms, individuals can also register or leave a society unregistered. For the registration individuals require to draft a memorandum which outlines the society’s objectives rules and regulations.
- Registered society benefits: Its important to note that only a society which is registered can own property or file for legal proceedings on behalf of the society.
- State government authorities manage society registrations. So, you should submit the application for society registration to the state authority where the society’s registered office is located.
Upon adhering to these steps and requirements individuals or groups could proceed with the registration process and establish a society for fulfilling their intended purposes.
The state governments looks on the process of the society registration. For registering a society the founding members shall agree on suitable name. And,prepare the Memorandum and Rules and regulations of society.
Essential Documents and Legal Conditions
For initiating registration of society certain documents are required which include residence proof, registered office address, a cover letter, bank statement of all members. Also, NOCs may be necessary depending upon the particular state.
This process is also subjected to particular legal conditions, which differs based upon the type of society being formed. For instance, co-operative housing societies need to adhere the ownership legislation, while welfare societies can have different stipulations.
Types of Societies and Benefits of Registration
There are many types of societies, each with its own set of functions and objectives. This includes co-operative societies, welfare societies and registered societies. It offers several benefits such as obtaining a legal status, which enables it conduct day to day activities. This also include philanthropic and charitable endeavor under the ambit of law.
Steps in Society Registration
This involves several steps which start with preparing the required documents. A detailed application of the society registration should be submitted to the registrar of societies. It outlines the objectives of society and the name of founders and the rules which govern the everyday activity.
Key Considerations
While preparing the application for society registration, some key considerations shall be taken in account. It includes properly examining the application which ensures that all necessary documents are uploaded and complete audit of connected documents. This process culminates with issuance of the certificate of incorporation or registration, which solidifies the society’s legal status.
Disputes and Compliance
Its important to note that society registration offers numerous advantages. It also comes with some responsibilities. The founders must adhere to the stipulations of society registration, which ensures compliance with relevant statutes and relevant laws. Upon failure to do so could result in legal consequences, which includes the disintegration of society.
Conclusion
Society Registration is an important step for creating a legal status particularly dedicated for philanthropic and charitable purposes. Which follows the stipulated procedure and adhere to the legal conditions. It aspires societies that they can gain the benefit of formal recognition, which empowers them to make a crucial impact on the betterment of society. Whether its a co-operative housing society or a welfare organisation, it provides the avenue to individuals to come together for advancement of knowledge, literature and Societal well being.
