Content

What is society?

Purpose for creation of society

Eligibility and requirement to form a society

Procedure to form a society

Post compliances

 What is society?

A society is an association of several persons combined for the promotion of a common cause without any monetary gain. Society is a legal form and is governed by the Societies Registration Act, 1860. A society has been described as a company or association of persons (generally unincorporated) united together by mutual consent to deliberate, determine and act jointly for common purpose.

Purpose for creation of society:

  • Grant of charitable assistance
  • Promotion of science, art, literature, sports, etc.
  • Collections of natural history.
  • Diffusion of useful knowledge.
  • Mechanical and philosophical inventions.
  • Foundation or maintenance of libraries.
  • Creation of military orphan funds.

Eligibility and requirement to form a society:

At least 7 persons may by subscribing their name to the memorandum of association forms a society. Such MOA is required to be filed with Registrar of Joint-stock companies.

 Procedure to form a society:

  1. Name selection and its approval from registrar:
    • It is necessary that while selecting a name for society registration, it should be according to Society Act, 1860 i.e., an identical or similar name of a currently registered society will not be allowed.
    • The proposed name should also not suggest for any patronage of state government or government of India or fascinate the provisions of Emblem & Names Act, 1950.
  1. Preparation of MOA:
    • MOA is a charter of Society. It contains the following clauses:
    • Name clause
    • Object clause
    • Registered office clause
    • Governing Body Member clause
  1. Preparation of rules and regulation (by-laws):
    • Rules and regulations contains the following clauses:
    • Membership clause
    • Meeting clause
    • Governing Body Member clause
  1. Other documents:
    • This also requires the following documents:
    • Copy of resolution for Registration of Society
    • Copy of resolution Authorizing a person to make application for registration
    • List of members of Society along with their address
    • Rent Agreement or Registered Paper
    • NOC from Land Lord
  1. Submission of documents for registration:
    • MOA along with rules and regulations to be filed with respective Registrar of Society.
    • Copy of rules and regulations of Society should be certified by at least 3 members of the governing body of the Society. After being satisfied, the Registrar approve the application and grant Certificate to the Applicant.

Post compliances:

  • Post compliances vary from state to state. However, there are some general compliances to be done. These are as follows:
  • Hold Board Meeting of Society every year.
  • Hold AGM every year.
  • Once in every year, within 14 days of AGM, a list of members shall be filed with the Registrar of Society.
  • Maintain proper accounts of Society.
  • Maintain minutes of board meeting and general meeting of society.
  • Filing of ITR.
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