Society Registration: Process, Fees & Requirements

A society is a type of non-profit organization where a group of people acts together for some charitable activities, purposes related to education, literature, science, culture, and religion. In India societies are typically registered according to the Societies Registration Act, passed in 1860, as well as the laws regulating societies registration in different states. The society registration India process can assist your organization in having legal standing in the country and owning property, opening bank accounts, receiving grants, etc.

Besides registering your society, you might have to complete several additional registrations depending on the nature of your activities, such as PAN, TAN, 12AB Registration, 80G Registration, and FCRA Registration.

You may be wondering about what is society registration? It is a process that allows for the registration of an association of people that has been established for the purpose of carrying out activities of a non-profit nature. Registration gives a legal background to the society and provides the framework for its administration with the help of a Memorandum of Association (MoA) and Rules & Regulations.

The process of registration of a society in India helps in establishing the legal existence of your society and at the same time, enhances the credibility of your organization in the eyes of the donors, government officials, financial agencies, and the public. One of the pros of having your society registered is that now you can hold property, enter intro contracts, open bank accounts and apply for government grants and tax registrations. If you intend to build a charitable organisation under corporate law then you can consider section 8 company registration to fulfill your goals, and also work with all the compliances followed.

There are several benefits of society registration in India.

Legal Recognition

A society that has been registered receives recognition as per the societies act registration laws.

Improved Credibility

Being registered lends credibility to the society’s members, donors, government offices, and banks.

Separate Management

A society works according to its Memorandum of Association and Rules and Regulations through its Governing Body.

Eligible for Funding

Once it is registered, the society is eligible to apply for grants and donations according to various laws.

Ability to Sustain Itself

The society continues to exist irrespective of the change in its members as long as it fulfills the legal requirements.

In general, the following persons can form a Society:

• Educational institutions

• Charitable organizations

• Religious organizations

• Cultural associations

• Welfare organizations

• Resident welfare associations

• Professional associations

• Social groups

The minimum number of members required for the formation of the Society depends on the relevant legislation in the respective State.

The Registrar of Societies is the authority in charge of society registration in India. The registration process is carried out according to the specific regulations applicable in the State concerned. If you wish to establish a charitable trust instead of a Society, you may also look for Trust Registration.

The society registration documents required, typically consist of:

• Memorandum of Association (MoA)

• Association Regulations

• ID Proof

• Address Proof

• ID Photographs

• Proof of Registered Office

• Utility Bill

• Lease or Ownership Documents

• Property owner/ Landlord N.O.C.

• Affidavits, if required

Actual documents required may differ depending upon the relevant state laws and the purpose of the new society.

The society registration process that you need to follow involves, preparing Memorandum of Association, drafting the Rules & Regulation, preparing the documents and getting approval from the Registrar of Societies.

Step 1: Select the Name of the Society

You must choose a name for the society, and it has to be unique, as per the rules in the State Societies Registration Act. make sure the name does not exist or is restricted before you register a society in India.

Step 2: Prepare the Memorandum of Association

When you draft the Memorandum of Association, you list the name, the goals, the office address and the facts about the founding members. And you must write the Rules & Regulations that explain how people manage the society.

Step 3: Arrange the Required Documents

Next you gather the society registration documents required, those are the identity papers, the address papers, the pictures of members and the proof of the office location. For this step you also need the Memorandum of Association, the Rules or Regulations and the statements that the Registrar of Societies requires.

Step 4: Submit the Registration Application

By submitting the application form and the documents to the Registrar of Societies, you complete the process of online society registration or via physical registration process, as it depends on the rules in that State.

Step 5: Verification by the Registrar

The documents and other statutory requirements like the objectives of society are verified by the Registrar. After verification checks out the registrar will approve the application.

Step 6: Pay Applicable Charges

You need to pay the fees as per government registration charges and then stamp duty as per state laws.

Step 7: Receive Registration Certificate

When all the verification is successful the Registrar issues the Registration Certificate. It confirms that the society has legally registered as per law.

The time taken by the Process of society registration is dependent on documentation, verification by the Registrar of Societies, and the procedure can face delays if you have not provided correct documents or given misinformation.

The length of the time is typically like:

The fees for society registration India is based on government and professional charges. There can be changes according to the states.

Note: The registration fees and stamp duty varies from state to state. To know the updated fee structure for your state, please get in touch with Companyregister.co.in.

If you do not follow the laws after charitable society registration, then the society and its people can face penalties and even have its registration cancelled, in accordance with the local Society Registration Act. The society is required to keep proper records, perform its functioning as per its constitution, and comply with the applicable statutory filing processes.

Once everything regarding registration is done properly, the authorities provide the Registration Certificate, which acts as the proof of the society being registered as per the law. Authorities usually demand this document when a society opens bank accounts or applies for PAN, tax registrations, and grants.

The registration of a society remains valid until its closure or cancellation of registration. Certain states may require you to comply with additional compliance or renewal requirements.

After registering your society online, you should observe the legal obligations pertinent to your society which include:

• Maintenance of records of accounts

• Annual filings if required

• Meetings of the Governing Body

• Keeping member registers

• Filing Income Tax Returns

• Adherence to laws regarding State Societies

• Compliance with Sections 12AB and 80G if necessary.

If you intend to obtain overseas contributions, you may need to obtain clearance from the FCRA.

Once the society registration online is accomplished, you are permitted to amend the details of the society at your convenience. Examples of amendments consist of a name change for the society or the registered office, a change in members of the Governing Body, Modifications, or Amendments to Rules & Regulations. The amendments have to receive approval from the members at a meeting and then filed to the Registrar.

Society registration renewal online depends on the State where it is registered. Some states provide registrations without the need for periodic renewals while other states require periodic renewals of registered societies.

Renewal Process

In case renewal is needed, you must submit the required application, relevant documents and applicable governmental fees before expiry of the registration. The Registrar of Societies processes the application before granting a renewal of the registration certificate.

Renewal Fees

Renewal fee may differ in different places as it is subject to the respective State laws as well as type of society. Professional fees may also be applicable if assistance in documentation, filing and other obligations is required.

If the society’s members decide to cease the activities of the society, dissolution should take place according to the established procedures contained in Societies Registration Act and the society’s Rules & Regulations. Prior to the dissolution all debts must be paid, the statutory requirements complied with and the remaining assets dealt according to legal requirements.

Reasons for rejecting new society registration online application or delaying the process may include the following:

• Incomplete Memorandum of Association

• Incorrect or inconsistent member details

• Missing supporting documents

• Improperly drafted Rules and Regulations

• Invalid proof of registered office

• Conflict between proposed name and an existing registered society name

• Inability to comply with requirements that were set by the Registrar of Societies

We provide assistance for online society registration in India. As well as, in Delhi, Maharashtra, and states like Gujarat, Karnataka, Tamil Nadu, Uttar Pradesh, Haryana, Rajasthan, Punjab, Bihar, Jharkhand, Odisha and West Bengal. Our team helps you with documentation preparation, Memorandum of Association drafting, registration filing, and amendments, renewals and post-registration compliance.

Industry-wise Services

We have the capability to assist various types of societies, including:

• Educational Societies

• Charitable Societies

• Religious Societies

• Cultural Societies

• Resident Welfare Societies

• Professional Societies

• Sports Societies

• Research Societies

• Women's Development Societies

• Youth Development Societies.

In case your organization falls under the charitable category and is formed under a corporate structure, you could look at NGO Registration in India for fulfilling your purpose.

Being a reputed society registration consultant, our experts at Companyregister.co.in provide complete services for society registration throughout India. Our team assists clients in drafting Memorandum of Association, creating Rules & Regulations. All required documentation is done satisfactorily and registration completed thereby meeting applicable State laws.

Our services range from incorporation to post-registration compliance in order to make sure that your society is smoothly established. We help you to remain compliant and within the applicable legal requirements.