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A society is the simplest form of a Non Governmental Organization in India and can be registered to operate on state level or national level for educational, charitable, religious, social welfare purposes or for the promotion of art, music, culture, science, literature, and political education. In India, societies are registered under the Societies Registration Act, 1860. While the Societies Registration Act is applicable throughout India, many Indian states have specific laws on Society Registration as well.
Before beginning the process of Society formation and registration you must adhere to certain prescribed prerequisites related to the number of members, the purpose of formation, the relationship between founders and members, the name, and the address of the Society. Without fulfilling these prerequisite conditions, the formation of a Society in India is not possible. A complete list of all such prerequisite conditions have been mentioned in the table below.
Minimum 7 individuals
A purpose of formations as prescribed in the Societies Act, 1860
A non-government, non-profit organization
None of the founders and members must be related by blood
A unique and valid name
A registered office address
In India, the process of registering a society is incomplete without the submission of proper documents. Since inadequate or inaccurate documentation can even lead to the rejection of the entire application for Society Registration, we always advise that you arrange all the necessary documents before beginning the process of formation and registration of your Society, so that the chances of your application getting rejected is reduced to negligibility.
A Society’s name needs to be distinctive and conveying of the purpose for which it was founded. While selecting the name of your Society, you must ensure that it is not the same as that of an existing Society or any other type of NGO, an applied or a registered trademark. A name that is exactly the same as the name of an already existing Society will be deemed invalid for naming your Society, whereas a name that is exactly the same as a trademark that has been registered or applied for will be deemed to be an infringement on the trademark owner’s intellectual property rights.
Two of the most important documents on which the foundation of a Society is dependent are the Memorandum and the Rules of the Society. While the Memorandum of the Society describes the main object for which the society has been formed, the rules are meant for the management of the internal affairs of the society such as, the quorum of meetings, powers and responsibilities of the official positions of president, secretary, and the treasurer of the Society.
After the MoA and Rules of the Society have been drafted, the Registrar of Society is approached with an application along with the signed MOA, the rules and regulations, the affidavit declarations and the KYC documents of the members and officials of the society. The Registrar of Society is an authority under the state government, and therefore, the fee charged for registration of society differs for different states in India. The register which contains the names of societies is also maintained by the state governments. After filing the application along with the supporting documents, you can check its status on the official website of MCA.
The process of society registration ends with the issuance of the Certificate of Registration to society. The Certificate of Registration is a document of conclusive proof that the Society has been registered by the Registrar. Usually, it takes nearly a month to complete the process of Society Registration in India.
Documentation is the most significant aspect of Society registration in India. The application for Society Registration must be accompanied by the documents prescribed for it in the Societies Act, 1860. A failure to produce any of the prescribed documents or the incorrect form of the prescribed document might result in the complete rejection of your application. Therefore, we advise that you file all the documents with utmost carefulness to avoid any hassle or hindrance in the process of formation and registration of your Society. Follow the list given below for a complete list of documents on Society Registration in India.