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Society Registration

Society Registration Consultancy

Society Registration Service Consultancy Society Registration Service Consultancy is one of the main consulting service of Chanakya NGO Consultancy. Most of the NGOS are registered as Society as it is well known NGO Registration process. Society is one of the main type of Registration process and status of Non Governmental Organization (NGO) as most of the people are aware that Society Registration is NGO Registration, though other processes of NGO registration are also available in India. Chanakya provides service to register national level society and state level society. State level Society Registration is possible at the district head quarter or the the regional level in some states or at the city level in the Union Territories. Though national level NGO as National Society is registered from the seven different persons of 7 different states from the National Capital Territory of Delhi. Though the national level Society can be registered at the state level but it is not considered as national level NGO or Society at clerical part in many Government Departments and Ministries of India, so it is preferred to register national society from Delhi to avoid national recognition issue.

Know more about National Level NGO Registration

Society Registration and Formation Process

Society is the association and group of people who are desired to do social work without any profit can form and register Society. When the members of social service group and association wish to work with their own resources, time and energy and by associating other members and supporters in their social service task and mission and want expand and elaborate their social work then they form the Society as a Non Profit Organization. Especially when a group of like minded people wants to do social work in organized way and at professional parameters then they proceed and register a Society that is as an legal recognized organization. Society is formed for the promotion of charitable causes without the motive of financial gain. A society is an entity that consists of a group of individuals that unite for a common purpose of charitable support to needy people like social welfare, social development, education, health, environment conservation and protection, welfare of poor and financially deprived people, child welfare, women development, welfare of youth, promotion of yoga and sports, animal welfare and other social welfare purposes and objectives. To register a Society you must have to follow the process. To form and prepare Memorandum of Association and Rules and Regulation is the main part of the Society Registration

Memorandum of Association & Rules and Regulations

There are some essential documents required during the entire process such as a cover letter, a duplicate copy of Memorandum of Association & Rules and Regulations, an affidavit of the General Secretary or President or the authorized signatories, address proof of registration office and some other documenst. If you take consultancy services that shall save your time and energy, thereby giving you the opportunity to make the best use of your time to formulate strategies for future. You can leave the hurdle of registration to us.

Two documents namely Memorandum of Association and Rules and Regulations are required for registration. Important information to be included in these documents is: name of the society, area of operation, the registered office, and names of desirous persons and name of designatories/ office bearers of governing body and objectives. The rules part includes all the regulation that the organization intends to follow. This should give a clear idea about what the society would adhere to and the legal regulations that it will follow in all the cases that may come across like termination of a member, meetings, forums etc.

What are included in Memorandum of Association (MOA) & Rules and Regulations:

Memorandum of Association (MOA)

  • Name of the Society
  • Registered Office of the Society
  • Working Area, Jurisdiction and Status of the Society
  • Aims and Objectives of the Society
  • Application of Income
  • Names of Desirous Members of General Body with address and address proof
  • Governing Body/Executive Body of Society with designations of the Members

Rules and Regulations (By-Laws)

  • Name of the Society
  • Membership : Number of Members, Acceptance criteria, Types, Qualification, Refusal of Membership and Resignation
  • Admission Fees and Subscription of members
  • Termination/ Cessation, Expulsion and Removal of Membership with Grounds and Reasons
  • Rights, Privileges and Duties of Member
  • General Body
  • Rules and Regulations about General Body
  • Meeting Process, Time, Venue, Notice, Quorum and Functions of General Body
  • Governing Body
  • Rules and Regulations about Governing Body
  • Members, Strength, Terms, Composition and Election of Governing Body
  • Functions, Working and Powers of Governing Body
  • Office Bearers of Governing Body – Powers and Duties of President, General Secretary, Treasurer and other Office Bearers
  • Sources of Income of the Society
  • Other Legal requirements and applicability of legal process on the management of the organization

Name of Society
Name of Society that you want to form and register must not be same and equal to the name of any previously registered Society. If with that expected name any other Society is already existing and previously registered in the applied registration jurisdiction then you have to choose different name of Society. The application should be submitted with three alternative names to avoid the inconvenience in future in case the preferred name has already been allotted to another Society.
Limitation is Applied for certain Jurisdiction: The restriction of the use of the name similarity is applied at different levels in different states.
In a some states the similar name of the previous registered Society must not be there in one district. Means in some of the states the limitation is upto Districts.
In some states the same name can not be there in jurisdiction of whole state.
In Union Territories the name must not be similar to any name that any Society is already using that name. This is applied for the whole Union Territory area.

Name must not be similar to Government names
The name of Society must not be similar to any names or words of any Government ministry, department, authority and that name is prohibited under Emblems and Names (Prevention of Improper Use) Act, 1950. The Government Emblems and names are not acceptable by the concerned Registrar.

Registered Office of the Society
The Registered Office of the Society shall be given with the copy of the address proof along with a No Objection Certificate (NOC) affidavit from the owner of the house on the stamp paper of rupees ten and ownership proof of that house are to be attached. These papers should be notarized from Notary Public.

Working Area, Jurisdiction and Status of the Society
It should be cleared that the Society is a body having National level All India Character Non Governmental Organization (NGO) or only of or State level organization. minimum seven adults to form a Society are essential. If you are forming a national level Society seven individuals from seven different states should be there as promoters.

Aims and Objects of the Society
The Aims and Objectives is the main part of the registered document and entity for which the Society is established should be included. Aims and objectives can be limited on which the group decided to work on or can be more than the limitation of the expectation of the time of the formation and registration of Society. Many Objectives can be included in the Memorandum. It is not necessary to work on all the objectives that are included and added in the Memorandum Document and it is not necessary to work on one objective completely like education. As education is very vast field so it is not possible to cover it completely the Society team can work on limited objectives or a part of any objectives.

You can check that what can be Aims and Objectives of Society.

Names of Desirous Members
List of names of at-least seven Founder Members for General Body should be there with their signatures, address, occupation, Identification and Contact number. Copy of Aadhar Cards or Voter ID or Driving License or Passport are required as address proof ID.

Governing Body or Executive Committee
List of Governing Body or Executive Committee of proposed Society with designations of the selected Members is required. The designations in Governing Body are President, General Secretary, Treasurer, Vice President, Joint Secretary and Members.

Members
To register an NGO as Society it requires minimum seven persons and maximum unlimited as desirous founder members.
Membership: Bye-laws about membership clear rules about Number of Members, Acceptance criteria, Types, Qualification, Refusal of Membership and Resignation process rules and bye-laws are included.
Admission Fees and Subscription of members is mentioned in bye-laws of Rules and Regulations.
Termination or cessation, expulsion and removal of membership with Grounds and Reasons
Rights, Privileges and Duties of Member is mentioned in bye-laws.

General Body
All members of any democratic organization are form General Body of that Organization. The General Body is main body that decides most of the rules and decisions of democratic organization including Society. There are certain rules about process, time, venue, notice, quorum of meetings and functions of General Body that organization have to follow after decisions.

Governing Body
The Governing Body is to operate and manage the programs, activities and management of association. There are certain rules and regulations that Executive Body has to follow including the strength, terms, composition and election of the office bearers that govern the social service democratic organization. The Governing Body has to follow regulations about its functions, working and Powers.
Office Bearers of Governing Body – Powers and Duties of President, General Secretary, Treasurer and other Office Bearers

Sources of Income
Income source and resources are initially arise from the members and in the next step they manage to associate supporters who can help them to run, manage and achieve their goals. For this resources and funds are required. The financial support from the individual donors can help the organization run and standup at initial level but at the next level. To establish and expand the desired work in the working area on the priority and certain issues donations and grants are required so the NGO can manage this after proving its existence as a body that has visibe impacts of its work.

Registration under: Societies Registration Act, 1860
In almost all states the Society registration process is similar but some different parameters are required in some states for Society Registration in documents. Societies Registration Act, 1860 is the law under which societies are registered to bring about legalization and uniformity in the way they are governed. In different states the Society is registered under Societies Registration Act 1860 as it is accepted by many states in India. Though the Societies Registration Act 1860 is passed as the Societies Registration Act in the different states but it is almost same as the Center Act.

Acts may different but almost same process: This Societies Registration Act is a central Act applied in many states and Union Territories but some state Governments have formed the Societies Registration Act in their state also so that is applied in that state. The the central and state Societies Registration Acts are almost similar but few changes as in the name of the Act and some other layout and order in concerned states. The Acts in varios states are like- The Delhi Societies Registration Act 1860, Rajasthan Societies Registration Act 1958, Madhya Pradesh Society Registrikaran Adhiniyam 1973, The Societies Registration (Uttar Pradesh Amendment) Act, 1975, Gujarat Public Trusts Act 2011, The Maharashtra Public Trusts Act 1950, Andhra Pradesh Societies Registration Act 2001, The Telangana Societies Registration Act 2001, The Jammu and Kashmir Societies Registration Act 1998, Tamil Nadu Societies Registration Act 1975, The Manipur Societies Registration Act 1989, The West Bengal Societies Registration Act 1961, The Karnataka Societies Registration Act 1960, Societies Registration (Uttarakhand Amendment) Act 2019; and in other states they have their own Acts but almost similar to the central Act.

Registration Department and Registrar Office: In different states of India the authority to register the societies, the Society Registrar office and departments may be different. In Delhi presently Registration in the Sub Divisional Magistrate (SDM), In Rajasthan it is under Co-Operative Department Registrar Office, in MP it is in Registrar Firms and Sansthayen Madhya Pradesh, in Maharashtra and Gujarat in Office of the Charity Commissioner, in Andhra Pradesh and Telanagana it is in the Registrar of Societies office and in other states the concerned authority offices are there to register the Society. In many states the Society Registration is online process but if you want to prepare Memorandum to work further professionally then you have to consult with the Consultants for this and other process that is required for registration.

Fees: Official fees are different in different states. At the time of registration of Society in the concerned state you can know about it if it is more than the regular fees. In most of the states the official fees is less and if you take consulting service then official fees is included in the Total consultancy fees. We start consulting work after clarification and to decide the consultancy fees if you want to take our consultancy for it.

Processing Time
In Society Registration the processing time is not certain. This is one of the main negative point of the Society that it takes unnecessary time in initial formation and registration to get recognition and after that there are many processes that take time when it is required to proceed for that. In case of change in the names of members, change in the address of Society, change or updating of objectives or any other changes it takes time after submission of the required documents in the concerned authority office.

Witness: In few states the Memorandum is to be witnessed by two witnesses.

Documents Required to Register NGO as Society
What are the requirements and required documents for registering Society is a min question. Though in different states there are certain parameters about requirements and information process of the related registrars of Society. If you take our NGO Registration Consultancy Service then we can guide better and help accordingly so it can save your time and unwanted obstacles and resolve the unexpected issues at the time of registration process and in future also.
These following are the almost common documents and information requirements:

  • Name of Society / NGO
  • Address and Address proof of Office of Society
  • Application Form and Cover Letter to submit the Memorandum
  • Tow copies of Memorandum of Association with main Objectives
  • Two copies of Rules and Regulations that includes By-Laws
  • List and detail of founder membership with their Signature (Signatures required in all states)
  • List with designations of Governing Body – with or without Signatures (Signature requires in some states and not required in some states)
  • Self-attested copies of Address and ID Proofs (Adhar Cards, Voter IDs, Passport, Driving License, PAN Cards) of all members of Society. Driving License as ID proof in some states may not accepted
  • Original Photo IDs with Address proof are required to verify in Registrar office in some states
  • Affidavits related to no blood relation, all members are desirous to be member and work
  • Other affidavits as per the requirement of different states like in Delhi some other affidavits are required.

It is necessary to legally register your society because:

  • It will become a separate legal entity once incorporated.
  • A legally registered society enjoys the privilege to lease, rent, buy and sell property, borrow money and enter contracts in its own name.
  • A legally registered society continues to be a separate entity even if its membership changes.
  • Members of the Society will not be considered personally liable for the debts, contracts or other obligations of the society.
  • Since a legally registered society must meet the minimum requirements as prescribed in the Incorporated Societies Act, the members are always assured of the certainty in the way the society is run.
  • Only a legally registered society is eligible to an income tax exemption.

Check here to understand more about Society Registration

Society Registration Consultancy Service we provide

If you want to take Consultancy for Society Registration then we can proceed to register it on your behalf to follow and complete the process by implementing required legal and official guidelines, rules an regulations. If you decide to register and you are ready to take Consultancy for this then you have to provide us the required information and documents for the registration of Society. If you are confused and need expert guidance then feel free to contact Chanakya Consultancy, we are always ready to help NGOs and make all the details readily available for them.

How Chanakya will help you to register Society:

  • We help you in selecting an appropriate name for your society. Care must be taken because Societies Registration Act, 1860 prohibits use of similar names with those that are already in existence or suggests any patronage by the Government of India or any State Government. Moreover it should not be restricted by the provisions of Emblems and Names Act, 1950. For example, one may consider the name similar to any name of any Commission or Authority of Government of India’. That name is bound to be rejected because it suggests false impression that this society enjoys patronage of Government of India.
  • We shall prepare a Memorandum of Association and Rules and Regulations for your society that will contain various clauses namely: Name Clause, Registered Office Clause, Objectives Clause, General (Body) Member Clause, Membership Clause, Subscription Clause, Meeting Clause, Executive Committee/ Governing Body Clause, Auditor, Legal Procedure, Dissolution etc.
  • We would prepare other following documents on your behalf:
    • The cover letter application for the Society registration, that is signed by all Authorized signatory
    • Certified Copy of Duly Passed Resolution for Registration of Society
    • Minutes of the Meeting.
    • Declaration by the President of the Society.
    • NOC of Address Proofs
  • We submit all the required documents to concerned registrar of the respective state. However, depending upon the rules and regulations of the particular state physical presence of the founding members and promoters may or may not be required.