society registration process in hyderabad - Need A Lawyer

society registration process in hyderabad - Need A Lawyer | society and trust registration

REGISTRATION OF SOCIETY

A society is an entity in which a group of individuals unite together for a common cause such as Promotion of literature, science, fine arts or for the diffusion of useful knowledge. The registration of society in India is governed by Societies Registration Act, 1860 which aims at legalizing and bringing uniformity to the way such societies are governed. The Act has been adopted by all Indian States.

The following societies may be registered under the Societies Registration Act, 1860:

Charitable Societies
The military orphan funds or societies established at the several presidencies of India
Societies established for the promotion of science,literature, or the fine arts for instruction, the diffusion of useful knowledge
The foundation or maintenance of libraries or reading-rooms for general use among the members or open to the public Or
Public museums and galleries of paintings and other works of art, collections of natural history, mechanical and philosophical inventions, instruments, or designs.

ADVANTAGES OF FORMING A SOCIETY

A society becomes a separate legal entity once incorporated
An incorporated society has the right to rent, lease, buy and sell property, borrow money and enter into contracts in its own name. No member of society has personal right or interest in any of the assets of the society.
An incorporated society continues even if its membership changes.
Members are not personally liable for the debts, contracts or other obligations of the society.
An incorporated society may be entitled for income tax exemption.

PROCESS OF REGISTRATION OF SOCIETY

A Society can be created by a minimum of 7 or more persons. Apart from persons from India, companies, foreigners, as well as other registered societies can also register for the Memorandum of the society. A society can be either registered or unregistered like partnership firms but, only the registered societies will be able to hold properties have a suit filed against or by the society.

Society registration is maintained by state governments. Thus, the application for society registration must be created to the specific authority of the state, where the registered office of society is situated.

For Society registration, the establishing members must agree with the name of society first and then prepare for the Memorandum, followed by Rules & Regulations of the society.

NAME SELECTION

While choosing a name for the society, it is important to remember that as per Societies Act, 1860, similar or identical name of an existing registered society is not permitted. Further the proposed name for the society must also not suggest patronage of the Government of India or any State Government or attract the provisions of Emblem and Names Act, 1950.

MEMORANDUM OF A SOCIETY

The Memorandum of the Society and the Rules and Regulations of the Society must then be signed by each of the founding members, witnessed by an Oath Commissioner, Notary Public, Gazetted Officer, Advocate, Chartered Accountant or Magistrate 1st Class with their official stamp and complete address.

DOCUMENTS REQUIRED FOR REGISTRATION OF SOCIETY

Name of the society
Address proof of registered office of the society
No objection certificate from landlord if registered office is a leased premises
Memorandum of Association in duplicate along with a certified copy
Rules and Regulations of Society in duplicate signed by founding members

The signed Memorandum and Rules and Regulations with the prescribed fee must then be filed in duplicate with the concerned Registrar of Societies in the State. If the Registrar is satisfied with application he would certify and the society is then deemed to be registered.

FREQUENTLY ASKED QUESTIONS (FAQs)

What is a society ?

A Society is an organized group of people with the sole aim and objectives of non-profitable service.

Is it compulsory to register a society ?

Registration of Societies is optional. Registration of such an association will have legal recognition. It will be possible to run society legally with discipline. Society can sue and be sued.

Who is the authority to register a society ?

Registrar of Societies is the authority to register societies.

How to name the Society ?

The name of the society to be registered shall not be similar to one already existing in the District. Names prohibited or registered by State or Central Government through executive instructions or through Emblems and Names (Prevention of Improper Use) Act, 1950. Names with an Indian Institute or University also cannot be registered.

What are the compliances to be followed after registration of the society ?

Every year the society within fifteen days from the date of the General Body meeting shall submit a list to the Registrar of societies. And that list shall contain the names and addresses of the members of the Managing Committee (Executive Committee) and officers entrusted with the management of the society.Executive Committee shall meet at least once in three months; and General Body shall meet atleast once in a year. Amendments, if any, made shall be filed with Registrar. Minutes of all the meetings shall be filed with the Registrar of Societies. Society shall elect Executive Committee members as per its bye laws.

Can memorandum and bye-laws of society amended ?

Yes.

What is the procedure for amendment ?

Memorandum can be amended by approval in a special General Body Meeting called for the purpose after giving due notice and by approval another special General Body Meeting called after 30 days. Byelaws can be amended by approval of majority of members in Special General Body Meeting. Such amended byelaws shall be filed with the Registrar within one month.

What is the procedure to be followed in respect of dissolution of Society ?

A society may by passing a special resolution may dissolve the society with prior intimation to the Registrar and take necessary steps for the disposal and settlement of the property of the society. In the event of any dispute arising among the members of the Committee or the members of the society, the adjustment of its affairs shall be referred to the court and the court shall make such order in the matter including appointment of liquidator as it deems fit;

A society dissolved under this section shall file with Registrar a full report showing as to how the property has been disposed of. If upon the dissolution of any society after the satisfaction of all its debts and liabilities if any property remains, the same shall not be delivered to or distributed among the members of the said society or any of them, but shall be delivered to some other society, with a similar objective to be named by a special resolution.

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