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Overview

piece of equipment; Society " Developed to meet the organization's need for non-commercial character for the sustainability of charitable activities such as education, art, religion, culture-music, and sports, etc. Societies or societies help to advance these causes because they operate on a non. Profit basis. A call to self-own, own, and manage a legal entity for the achievement of philanthropic or promotional items put behind by donors. Furthermore, a society can be shaped to realize this end.

About the Society Registration

Society is a union of individuals who come together for one purpose and cooperate on mutual consent to achieve a universal objective. The Societies Registration Act 1860 governs the procedures of action of registered societies in India. Members of the community will maintain mutual deliberation and follow the guidelines of the Act to maintain harmony to enhance and link social welfare.

The purpose society is made of

Committees are regulated to promote literature, science or fine arts and to disseminate useful knowledge / political education or charitable purposes. Section 20 of the Principal Act specifies the following objectives for which the registration of a society can be done under the Act:

  • Fund for charitable aid
  • Formation of Military Orphan Fund
  • Recognized Society in the General Presidency of India
  • Science support,
  • literature,
  • Fine Arts,
  • Order or dissemination of useful knowledge,
  • The spread of political education,
  • Groundwork or maintenance of libraries or reading rooms,
  • Public museum and gallery of paintings,
  • act of the act,
  • Collection of natal history,
  • Mechanical and Philosophical Inventions,
  • device,
  • Design

Stay on profit motive

For a society enrolled under the Societies Registration Act, 1860, the purpose of profit for personal use is prohibited. The benefit of such a society should benefit in the work of such an organization.

Benefits

  • Every certified society attains legal status.
  • Registered society can legitimately open their current account
  • Can get delegation and relations under the Income Tax Act
  • Certified society attains statutory status which is necessary for the statutory implication of society's wealth
  • A registered society gets legal recognition before all forums and authorities
  • Members of the registered society are constitutionally bound to the same extent as if they had signed the memorandum
  • A certified society can sue or be sued.

Process for Society registration

The Societies Registration Act, 1860 gives the method for registration of societies for various bonafide intentions. Listing gives the society legal status and is compulsory

  • To avail bank accounts,
  • obtaining certification and favor under the Income Tax Act,
  • Legal implied qualities of societies, and
  • Recognizes society before all synagogues and all courts.

After society registration, it and its members are bound to the same area, as each member supports the memorandum. A society designated under this Act should stop its activities in the area covered by its objects. Any tax levied on the society is bound by the society and not its members. Further, any society registered under the Act is different from members attaining the status of a legal entity. In a loss of registration, all the trustees of the capital have legal status alone and the society has no legal status, and therefore, it cannot sue and cannot be sued. A non-registered society may actually exist but not in law. An unregistered society cannot claim benefits under the Income Tax Act.

Declaration of Memorandum of Association

The MOA, i.e. the Memorandum of Association, is a document that represents and describes the continuity and purpose of operations. It defines the authorized range of force and performance. Supervision is very necessary for drafting this document which will be mainly required for the receipt of goods. All customers must sign each page of the memorandum, and the signature must be verified by an oath commissioner, notary public, gazetted officer, advocate, chartered accountant, magistrate first class with their rubber / official stamp and full address.

Guidelines

Society designation

  • The Society's Registrar may be inferred with alternate names to determine whether the existing is not defective and is not being used by other existing societies,
  • It should not contain vulgarity or virtue and respect
  • There should be no possibility of increasing feelings of disharmony or hatred among the community or associations.
  • It should not match the name of the surviving society.
  • It can be achieved with 'faith'.
  • The title should be such that it does not draw the prerequisites of images and names 'Prevention of Improper Use' Act, 1950.
  • It should not be suggested or calculated for the protection or arbitration of the Government of India or the local authority or any corporation or body appointed by the Government to mediate.
  • If the name is inconsistent with these guidelines, the registrar has the ability or power to refuse registration.

Execution of judgment

Any decree relating to any person or officer of the society, who represents the society in legal proceedings, cannot be enforced against the personal property of such person. The capital of the association shall be liable to pay only for the decree passed against a society. This assurance is given to the office bearers of the union under the principal act.

Business & Litigation

As each society is a legal entity separate from its members, it is capable of litigating any person or any member. Similarly, costumes can also be brought to society. A registered society can file a lawsuit anywhere in India and any state, even if it is not registered in that particular state.

Difference between Section 8 Company & Society

Objects

Society

Section 8 Company

Structure

Simple and easy

Complicated

Name

Selection is not difficult

Should get approved from the Registrar of the Companies

Administration

Not much restrictions imposed under the Act

Provisions of the Companies Act have to complied with and/or difficult and lengthy, rigid and time consuming

Meetings

Has to be held as per provisions in the Act.

Has to be held as per provisions of the Companies Act, 2013

Penalties

Very few offences and penalties have been prescribed

Provisions under the Companies Act are more severe and attract more penalties.

Status

Registered societies enjoy identical reputation as companies

Companies benefit from reputation of status

Eligibility criteria

Registered societies are similar to a partnership firm. Furthermore, these societies enjoy different qualities than an unregistered organization. There must be at least 7 members or more to form a community. The following members are allowed to nominate for the memorandum of society: Apart from the individual, the following bodies are eligible to form associations by contributing to the memorandum of society:

  • Foreigners
  • Partnership Firm
  • Limited Company
  • Registered Society
  • Minors are not eligible
  • Foreign Companies
  • Indian Companies
  • Other Registered Societies

Checklist

  • Various records were attached, covering the admit card for the Society registration as stated in the body of the message.
  • Memorandum of association in copy with verified copy.
  • In the present cases of places of worship like temples, mosques, gurudwaras etc., sufficient documentary evidence attesting the legal competence and control of the applicant society at such sites should be filed.
  • Affidavit valid by the president or secretary of the service.
  • Documentary proof of house tax receipt, rent receipt of the registered office of a society or 'No Objection Certificate' from the protector of the society.
  • PAN identity of all members of society
  • Residence proof of members like 'Aadhaar Card / Electricity Bill / Bank Statement / Gas Bill' etc.
  • List of all members like name, address, contact details etc.
  • Copy of rules & regulations of society,
  • The minutes of the last meeting of the society confirm the society registration.
  • Declaration by the President of the Society stating his desire and qualifications to hold the office of the President

Procedure

Connect online with the respective state authority for society registration as the state authorities deal with the society registration.

  • According to the guidelines of the Indian Society Act, the name of the society will be different and will not resemble that of a certified society. The name will usually be agreed to and accepted by all members. No title shall be withheld under the statutory provisions of any act nor shall it violate the requirement of any law.
  • After fixing the title, the society will have a memorandum of association which outlines the rules and regulations to be followed by the society and its members. The protocol must be signed and verified by the members with their stamp and full address by the oath commissioner, notary and first class magistrate.
  • With the following documents (two copies of each document), apply to the Registrar of the society of the concerned state with the authority for registration of the society. The authority shall sign the first copy as confirmation and return the second copy on permission to the applicant. After the request is received, the registrar will check its accuracy demand and allocate the registration by specifying the registration number on the support.

Society registration

Certification of the society must be effective under the Societies Registration Act. Once the persons desirous of forming a society have settled in the name of the society and have drafted a memorandum and draft rules and regulations, the following methods have to be selected to reveal the society:

Registered Office

The Principal Act does not require the designation of certified office addresses in the Society's memorandum; It is always better to mention the location of the registered office in the memorandum so that correspondence or notice can be given to the society.

society's facts

A society once formed has to function in the structure of an 'object segment'. Any disclosure to society outside the meaning of the object clause can be declared outside the purview of society. NULL & amp; VOID. Nevertheless, it is desirable to draft the object segment with full attention and care.

Address of Governors, Councils, Committee Directors

The Act requires that the memorandum should include the names, addresses and occupations of the above captions. If a member is called Governor or Director or President, it does not affect his position. These functionaries have separate existence from different members. The boards and management of the society are jointly interested in them.

Rules

Standards help the authority to carry the objects of society. They are mandatory on the members of the society. The rules must be approved by at least three members of the regulatory body.

Accounting &audit

Society has money and property provided by members or other individuals (through donations, etc.). Money and resources are involved in the receipt of goods for which society is created. Members of the regulatory body are governors who implement the fund. It is certain that societies keep proper accounts and get them audited and display them to members in general meetings and hand them over to the registrar for analysis. Every society should have its statements audited once a year by the auditor duly and a balance sheet developed by him. The auditor should present a report showing the exact date of business activities of the society.

Articles of association

AOA will also have to be developed, which will include the following information:

  • Rules and ordinances by which the functioning of the society will be regulated and the day-to-day activities will be protected,
  • This will include rules for practicing membership of the society
  • Facilities should be mentioned about the meetings of the society and the frequency they hold
  • Data about the auditor
  • Form of arbitration in case of any dispute within members of society
  • The methods of dismissal of the society should be mentioned.

Registration.....