A society is an association of several persons united by mutual consent to advice govern and act together for a common purpose. For every society it is necessary to follow Society Registration Procedure to fulfil its legal compliances. Clubs are usually incorporated to promote charitable activities such as sports, music, culture, religion, art, education, etc.

Business Society Registration Procedure under the Business Society Registration Procedure Law in India provides certain procedures for business Society Registration Procedure and operation. This law was introduced with the aim of expanding the legal provisions on the Procedure of societies for the promotion of literature, the fine arts, science or the dissemination of consciousness for charitable purposes. The Companies Society Registration Act 1860^[1] has been adopted by various state governments with or without further amendments.

Purpose of Society Registration Procedure 

Society Registration Procedure of a society may be for the development of fine arts, science or literature, for the dissemination of useful knowledge, or for charitable purposes of political education. Under Section 20 of the Companies Act 1860, a Society Registration Procedure can be made for the following purposes-

1. Promotion of the visual arts. 
2. Dissemination of political education 
3. Granting of charitable aid. 
4. Promotion of science and literature. 
5. Creation of military orphans.
6. Maintaining or establishing galleries or public museums. 
7. Maintenance or creation of reading rooms or libraries. 
8. Promotion, dissemination or instruction of useful knowledge and natural history collections. 
9. Collections of mechanical and philosophical inventions, designs or instruments.

Registering a Society in India 

A society can be incorporated by at least seven or more people. In addition to Indian individuals, corporations, foreigners, and other incorporated companies can also register for the company’s charter of incorporation.  Similar to partnerships, a partnership can also be registered or deregistered. However, only incorporated companies can object to stored assets and/or file a sentence against or through the company. The business register is maintained by the state government. Therefore, the application for Society Registration of the society must be submitted to the competent authority of the state in which the registered office of the society is located.  For the Society Registration Procedure of the corporation, the founding members must first agree on the name of the corporation and then draw up the memorandum, followed by the rules and regulations of the corporation.

Choosing a Name

While choosing a name for Society Registration Procedure, it is important to understand that under the Companies Act 1860, a name identical or similar to a currently registered society is not permitted. In addition, the proposed name must not imply sponsorship by the State Government or the Government of India or infringe the provisions of the Names and Emblems Act 1950.

Articles of Association 

The Articles of Association of the society together with the rules and regulations of the society must be signed by each charter member, certified by an official officer, notary public, chartered accountant, oath officer, lawyer, first class magistrate o-chartered accountant with official stamp and full address. The articles of incorporation must state the name of the society and the purpose of the company. In addition, it contains information on the members of the society register with name, address, designation and profession. 

Documents Required for Registering a Society in India 

The following are the documents required for registering a society in India are-  

• Application for Society Registration Procedure of the society by submitting a cover letter signed by all constituent members.
• Duplicate of the articles of incorporation of the society together with a certified copy.
• Duplicate of the Rules and Regulations of the Society together with a duplicate duly signed by all founding members. 
• Proof of address of the registered office of the company, as well as a certificate of non-objection (NOC) issued by the landlord. 
• Affidavit of the Secretary or President of the Society explaining the relationship between drafters. 
• Some minutes of the meeting on the society registration procedure of the society together with providing some essential documents.
• PAN Card: A PAN card of all members of the proposed society must be submitted along with the application. 

• Proof of Residence: Proof of residence must also be submitted for all members of the partnership. The following can be used as valid proof of residency: 
• Bank Statement.
• Aadhaar Card 
• Utility Bill 
• Driving License 
• Passport
  

Deed of Incorporation Must be Prepared  

Deed of Incorporation must be prepared which includes the following clauses and information–  

• The job and objectives of the society for which it is incorporated 
• The details of the members form the society. 
• It contains the address of the registered office of the company. 
• The rules and regulations of the company. The rules and regulations of the society must also be prepared, which contain the rules and regulations by which the activities of the society and the keeping of the day are governed.
• It will contain the rules for gaining membership in society.
• The details of the general meetings and the frequency with which they are held are mentioned. 
• Information on the auditors 
• Forms of arbitration in case of disputes between members of the company. 
• The forms of the dissolution of society are also mentioned. 
• Once the regulations are made, they can be changed, but the new regulations will be signed by the President, President, Vice-President and Secretary of the Society. 
• A cover letter will be attached at the beginning of the application stating the purpose or purpose of the society formation. It is signed by all founding members of the society. 
• Proof of Address: A copy of proof of address must be attached where the company’s registered office will be located, along with a lessor’s NOC if available. 
• List of all members: A list of all members of the board must be submitted with a signature. 
• A Declaration: The President of the proposed corporation must make a declaration of his willingness and competence to hold the position. 

Conclusion – Society Registration Procedure

For the Society Registration Procedure, it is necessary that all of the above documents must be filed in 2 copies with the Registrar of Companies along with the required fees. Upon receipt of the application, the Registrar will sign and return the first copy as acknowledgment, with the second copy retained for approval. After proper examination of the documents, the registrar issues a certificate of incorporation in which it is assigned a society registration procedure number.  The signed rules and regulations and memorandum must be filed with the corporation or registrar of the state concerned for a fee mentioned. When the registrar complies with the company’s application for society registration procedure, they confirm that the society is registered. In case of any doubt you can directly come in contact with the experts of BizAdvisors.

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