There are a total of three types of entities that can be registered for charitable purposes. Society registration is one of them. While registering any kind of entity, documents play a very important role. Documents required for society registration and the process of its registration have been given under Societies Act,1860. Societies can be registered on both state and central levels. Presently most of the states have their own societies act. States which do not have independent acts are still governed by the societies act of 1860.
For the registration of the society, one needs to compile all the documents required for society registration and submit them before the registrar as per the jurisdiction. A minimum of seven members are required to get a society registration. Without completing the proper file with all the necessary documents society cannot be registered.
What do you understand about the term Society?
Any entity registered under the Societies Act with the motive of charity with a minimum of seven members is called a society. In other words, a group or organization which is working for the upliftment of the community without a profit-making objective and registered under the Societies Act is called a registered society. Society can be formed with different objectives dedicated to different philanthropic works. There are different types of societies in India like tribal society, agrarian society, industrial society, etc. Societies are legally recognized entities, and their function has been performed by their members on their behalf.
Objective of the Society Registration
There are many types of entities in India, what makes societies different is their objective. A society can be registered with the charitable objective only. One cannot register a society with a profit motive. Societies can be formed for the promotion of science, literature, fine arts, maintenance of libraries, military orphan funds, propagation of knowledge, maintenance of museums and galleries, charitable assistance, promotion of education, and any other cause which may be approved by the government of India.
Documents Required For Society Registration
To get any kind of society registration in India, one needs to prepare an application for registration. That application consists of all the documents required for society registration. If any document is missed out your society will not get the registration. Society can be registered or unregistered. But only a registered society can get legal recognition. Without registration, a society cannot take the benefits of various government schemes which are specifically for the organization who are working for charitable purposes. Given below is the list of documents required for society registration:
Identification Proof
As it is already mentioned above, a society can be formed with a minimum seven members. The number can be more than seven but cannot be less than that. Whenever the registration process starts identification proof of all the members is required. ID proofs mean PAN Card and Aadhaar Card of the members. With the application of the registration ID proofs of all the members needs to be attached with self-attestation.
Address Proof
Application for registration of a society is incomplete without the attachment of the address proof of all the members. Address proof can be aadhaar card, electricity bill, telephone bill, gas bill, driving license, bank statement, passport, etc. With the address proof of the members, the society’s head office’s address proof is also required. It can be a rent agreement or utility bill. Utility bills including electricity bills, telephone bills, gas bills, etc. Any utility bill one is attaching must be the recent one, not older than two months.
Covering letter
At the beginning of the application for registration of the society, a cover letter is attached. In this various details regarding the list of documents, the purpose or objective of society, etc has been given. A cover letter is like the preface of the application of the registration. It is an intrinsic part of the documents required for society registration, hence must be attached to the application file.
Memorandum of Association
A Memorandum of Association commonly known as MOA, needs to be drafted with the help of some professional. It is suggested to draft it with the help of a professional because it has to meet with various compliances of society act. MOA contains various clauses which give detail related to the name of the society, the object or purpose of the society, a description of all the members, and the official address details of the society.
Rules and Regulations
The next very important document is the draft of rules and regulations. This draft should be prepared very carefully as it will decide many things regarding society in the future. It mainly consists of the following information:
- Definition of the various words which can be taken in the described sense only
- Jurisdiction of the registrar offices
- Details of the financial year
- Membership details and the process of admitting as members
- Types of members of the respective society
- How to cease membership
- Powers, functions, notice, and quorum of a general meeting
- Powers, functions, notice, and quorum of a special meeting
- Constitution, tenure, and procedure of elections of a managing committee
- Functions and Posts with respect to Managing Committee
- Powers, functions, notice, and quorum of a Management Committee
- How to fill vacancies in a Management Committee
- Society’s main source of income and expenses
- Provision regarding loans, deposits, sales, and purchase
- Details regarding bank accounts
- Register regarding the membership must be kept
- Amendment regarding a clause in case it is required
- How can one change the name of the society
- Dissolution of society
Members’ Consent and Authority Letter
All the members’ consent letter with the signature needs to be attached to the application. This is done to confirm that all the members agreed to register a society with a common goal and objective. A society is run by its members; hence their consent plays a vital role.
Sometimes members of societies live in different places and cannot be there in the registrar for each and every formality. Hence they need to give an authority letter in the name of a particular person who can act on their behalf whenever there is such a requirement.
Affidavit or self-declaration
The President of the society needs to give an affidavit which is also known as a declaration by the president. In this declaration, he assures under oath that he is becoming the president with his or her consent and competent enough to hold the position. In the end, it was signed by him.
Other Relevant Documents
There are many other documents like passport-size photographs of all the members, email and contact details of all the members, no objection certificate of the owner of the office of the society, resolution passed by the members of the society regarding the formation of the society, etc. Although they are not mentioned separately here but require equally as the other mentioned documents required for society registration.
After completing the file with all the documents required for society registration, submit it to the registrar of the societies. The file must be submitted with two copies. During the submission of the file required fees must be paid. Once the application is received, the registrar will sign one copy and give it to the applicant as an acknowledgment. Other copies will be kept by the registrar for the scrutiny purpose. If everything is appropriate and as per the law, the registrar will issue an incorporation certificate.
Sequence of Document in the Application
To make it easy to understand, your application for registration must be in proper sequence. All the documents required for society registration must be compiled in the following sequence:
- Covering letter
- Memorandum of Association
- Rules and Regulations
- Consent letter of all members
- Authority Letter
- Self-Declaration or Affidavit
- Resolution
- No objection certificate of office address
- Office address proof
- Other documents like ID proof, Address proof, and passport-size photos of the members
Conclusion
Essential documents required for society registration are discussed in this blog. After reading about these documents one can get a clear idea about the documents required for society registration. But it does not mean that one can prepare all of these on their own. There are a lot of legal documents involved which need the help of an expert. These legal documents include a cover letter, a well-crafted Memorandum of Association (MOA), detailed rules and regulations, members’ consent letters, authority letters, the president’s affidavit, and other relevant documents like office NOC. Society registration is almost impossible without the help of experts like StartupFino. Successful registration leads to an incorporation certificate, granting access to government schemes and enhancing the society’s charitable endeavors. This process ensures transparent governance for societies as they work toward their philanthropic missions.
