Well; you can register an NGO/NPO as Society with a charitable purpose. Such purposes may include the advancement of literature, fine arts, science or distribution of awareness for bountiful purposes. The Society Registration Act, 1860 has been accepted by several state governments without or with further amendments.
The registration of a society in India is governed by the Societies Registration Act, 1860 that aims at legalizing and bringing uniformity to the way such societies are governed. The Act has been adopted by all Indian states, many of which have made amended the original Act. Know more about Society Registration with the support of our experienced Compliance Managers at Compliance Calendar LLP.
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A Society after its registration shall do the following compliance:
- Obtain PAN card
- Open a bank account
- NITI Ayog Registration
- Book-keeping and accounts
- Income Tax return filing
- GST registration, if applicable
- Compliance with the Registrar of Firm - Filing of AGM resolution, accounts to be disclosed and member list to be filed with the Registrar of Firms.
If you want us to help you understand Society Registration more with regard to registration queries, Get in touch with us now.
Documents Required for Online Society Registration in India
To register an NGO as Society, we require certain fixed documents whose quick checklist has been given below for your easy understanding:
- Minimum 7 members required of which at least one female is compulsory.
- Signed copy of By-laws by President, Secretary and Treasurer.
- 2 Photographs of each Proposed members
- Pan and Aadhar Copy Of all the Proposed Members.
- Registered office proof – Rent Agreement/ NOC/ Utility Bill Copy.
- Photographs of Office premises.
- A covering letter mentioning the purpose for which society is being formed.
Recommendation letter from local authority (in some states)
Procedure for Society Registration
Registration of a Society Deed is completely a legal work and it requires knowledge of The Society Registration Act, 1860 and in-hand experience of clearing any objections raised by the concerned Sub-Registrar.
Even though the processes of application differs from one state to another, the following forms should be submitted with the duplicates of the following and the applicable registration fee:
- Memorandum of Association and rules and regulations (Need not be executed on stamp paper).
- Affidavit by the society secretary or president on a non-judicial stamp paper.
- Consent letters from every managing committee member.
- A declaration from the managing committee members that the society funds will only be used for executing its aims and purposes.
- Authority letter that has been signed by managing committee members.
In case of the societies, the main instruments are the Memorandums of Association and the Rules and Regulations that enlist the aims of the society and the way it is going to be managed.
The memorandum of association must mention:
- Name of the society
- Address of the registered office
- Names, addresses and occupations of the designated governing body
- The objective of the NGO
- Minimum of 7 members in the society. There is no upper limit on the number of members in the society.
- These members have various designations that can be decided among them. Common designations are President, Vice-President, Secretary, Joint-Secretary and Treasurer etc.
- These members are collectively the governing body of the NGO. This body controls and regulates the functioning of the NGO.
- All the members of society are elected for a specific period (which should be mentioned in the MOA). After expiry of this period; the post is filled through elections in which members of the Governing Body take part.
- Because of the involvement of election process –societies are more democratic than trusts. But at the same time –power struggle and politics may also creep in as drawbacks.
Since registration of Society is completely a legal procedure, we at Compliance Calendar LLP can help you to register your Society if you are struggling to get proper guidance with regard to Society Registration legal registration process.
You can Get in touch with our Compliance Manager to understand Society Registration annual compliance requirements including guidance with regard to their functioning and day-to-day operation, be it maintaining accounts, meeting legal compliance or making sure all the mandatory requirements of the law are fulfilled to save you from the severe fines, penalties and imprisonment due to non-compliance.
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Send us your queries at info@ccoffice.in or WhatsApp/Call us at +91 99 88 42 42 11.
Features & Benefits
- Tax benefits:
Society being a non-profit organization, they leverage the exemption from the provision of income tax under section 12A and the donors also get tax deductions under section 80G of the Income Tax Act, 1961 respectively.
- Oldest Form of NGO
Society even today stands the oldest form of Non-Profit making organization in India.
- Separate Legal Entity
A Society becomes a separate legal entity once registered.
- Contract on its own name
A society has the right to lease, rent, buy & sell property, borrow money and enter contracts in its own name. No member of the society has personal right or interest in any of the assets of the society
- Proper Running
The rules governing the incorporated society must meet the minimum requirements set out in the Incorporated Societies Act 1908. Thus, members can be assured of the certainty in the way the society is run.
- Suitable to Schools
Even today, most of the schools have their NGOs in the form of Society.
- Not personally liable
Members are not personally liable for the debts, contracts or other obligations of the society.
- Easy to recognise
Almost everyone is familiar with the name of Society in India being the oldest form.
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