Society Registration
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Well, to form into a society at least seven person with common intent must come together and adopt a memorandum of association and bylaws for the functioning of the NGO. In india most of the state government have adopted The Societies Registration Act, 1860 as a tool to improve registration of societies and to ensure better maintenance of the society as per law.
There are two types of society, one is for National Level Society , and another one is State Level Society. Minimum of seven people must come together with a common purpose of being formed into society. However in the case of national level society, the members / desirous person must represent seven different states. The process of registering NGO as society differs from state to state. We shall extend our assistance in drafting, filing and follow up with the registrar of societies until its registration.
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Each certified society procures legal status.
Registered society can legitimately open its current account
Can get delegation and regards under the Income Tax Act
Certified society gets the legal status that is necessary for statutory vesting of the wealth of society
Registered society gets legal identification before all forums and authorities
Members of the registered society are constitutionally bound to the same extent as if they had signed the Memorandum
A certified society can sue or sued.
Documents Required for Society Registration
- Passport Size Colour Photograph
- Copy of PAN card
- Address Proof: Telephone, Gas, Electricity Bill or Bank Statement
- Identity Proof: Passport/Voter, ID/Driving License
- Signed MOA & By Laws
- Affidavits from President
- Proof of Registered Office: Telephone, Electricity, Water Bill
- NOC from the owner of premises
Step-1:Selection Of Name
First thing is to select a unique name of your society, the name should not violate or infringes someone else name or trademark. The president of the proposed society shall be filing an affidavit that the name is not same or similar to any other NGO.
Step-2:Drafting Of MOA And By Laws
The MOA of the society describes the main object for which it is being formed, where as the rules is for internal affairs of the society such as, quorum of meetings, powers and responsibilities of the official positions of president, secretary or treasurer.
Step-3:Registration Of Society
The registrar of societies are then approached with an application along with the signed MOA, by rules, affidavits and KYC documents of desirous person and officials. After verification of documents the Certificate of Registration of Society is issued.
Step-4:PAN, TAN And Bank A/C
After registration of the society the next step is to apply for allotment of Pan Number and TAN and thereafter opening of a bank A/c for collection of membership fees, subscription charges or donations as the case may be.
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1. Who is required to sign to the memorandum of society?
Individual, Foreigners, Companies, Partnership firm, Other certified organisation. -
2. Do the members of society have any rights in society?
Yes, there are the following rights available to the members of society:
They are entitled to vote
They have the right to receive the notice of every meeting
They have the right to receive a copy of bye-laws
They have the right to receive financial statements
They have the right to attend general meetings of societies
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3. Do the members have a share in the profit?
No, members of society are not entitled to profit incurred by the organisation in any form. -
4. What is the quorum required for a meeting of a society?
Quorum’ implies the minimum number of members who must be present in the meeting to make the proceedings of the conference valid. -
5. What is the General Body of a Society?
General Body of a society comprises of all the members who have subscribed to the memorandum of the organisation. -
6. Can Memorandum of Society Be Amended?
Memorandum can be reformed by approval in an extraordinary General Body Meeting called for the purpose after giving due notice. By permission, another extraordinary General Body Meeting called after 30 days. Byelaws can be amended by approval of the majority of members in Special General Body Meeting. Such amended shall be filed with the Registrar within one month. -
7. What is the fee to be paid per annum?
Rs.300/- per annum. -
8. What is 35ac?
There is a special provision for people in the business. If they donate to those NGOs having 35ac registration, they get a tax rebate of 100% -
9. Do I need to have my office property to register an NGO?
No. You can register an NGO in a rented property with a rested lease deed. -
10. Can a government servant become a trustee?
Yes, a government servant can become a trustee in an Indian trust.
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