Society registration is the mandatory process that every society has to undergo before they are legally allowed to function. It involves many procedures and rules which must be complied with in order to get a certificate of registration.
The reason why we need Society Registration?
It is mandatory for any society or trust to register itself with the Registrar of Societies (ROS) if they wish to receive government aid or funding. These organizations also have to comply with the rules and regulations set by ROS in order to make sure that they are not misusing any funds given out by the government. As we know society registration is a legal process that enables society to operate. Society registration has to be done by following certain parameters. Society registration has to be done in accordance with the laws and regulations of the country. The main objective of this article is to provide you with an insight into the important compliance for Society Registration.
Who can register with ROS?
Any organization that has its own constitution, aims and objectives, membership structure, and elected officers can be registered with ROS. This includes companies, corporations, trusts, societies, clubs, associations, etc.
The registration of a society is mandatory under the Societies Registration Act, 1860. The Act defines certain conditions which must be fulfilled before applying for registration. Some of these conditions are:
- A minimum number of seven members
- A common object or purpose
- No fee is charged from members for joining or leaving the society
- An annual general meeting every year
The process for registering a society under this Act is quite detailed and requires the following steps:
Step 1: Prepare the Memorandum of Association (MOA)
The memorandum of association (MOA) is the most important document that you need to prepare while registering for your society. It should contain all the following information:
- Name of the society
- Purpose of establishment
- Membership structure/membership fee/membership duration/membership rights/procedure for admitting members etc.
Step 2: Prepare all the necessary documents required for registering a society. These include:
- Minutes of meetings held after registration of the society with their respective signatures
- Bank account details (if any)
- Name, address, and telephone number of all office bearers along with their signatures and photographs
- List of members including names, addresses, and telephone numbers along with their signatures and photographs
- Certificate from the local authority as proof that no other society is already registered at the same place
- Certificate from a local magistrate that no criminal case is pending against anyone involved in the functioning of the proposed society or any member
Society Registration Compliance:
- The first and foremost compliance for Society Registration is about the constitution of your organization. You need to draft a constitution for your organization that clearly states all your objectives, activities, and other details related to your organization. In this constitution, you also need to mention the name of your organization, its head office location, address, etc.,
- Another important compliance for Society Registration is about getting approval from concerned authorities like Central Government or State Government before starting any activity under their jurisdiction. For example, if you want to start a school then you will require approval from the concerned state government which will grant permission only after checking whether there are any irregularities in it or not,
- You will also require approval from the Registrar of Societies who looks after all activities related to societies in India,
- You will also need to register yourself with Income Tax Department
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