Registration of NGO as society

 What is society?

A society is an association of several persons combined for the promotion of a common cause without any monetary gain. Society is a legal form and is governed by the Societies Registration Act, 1860. A society has been described as a company or association of persons (generally unincorporated) united together by mutual consent to deliberate, determine and act jointly for common purpose.

Purpose for creation of society:

• Grant of charitable assistance
• Promotion of science, art, literature, sports, etc.
• Collections of natural history.
• Diffusion of useful knowledge.
• Mechanical and philosophical inventions.
• Foundation or maintenance of libraries.
• Creation of military orphan funds.

Eligibility and requirement to form a society:

At least 7 persons may by subscribing their name to the memorandum of association forms a society. Such MOA is required to be filed with Registrar of Joint-stock companies.

 Procedure to form a society:

1. Name selection and its approval from registrar:

• • It is necessary that while selecting a name for society registration, it should be according to Society Act, 1860 i.e., an identical or similar name of a currently registered society will not be allowed.
  • The proposed name should also not suggest for any patronage of state government or government of India or fascinate the provisions of Emblem & Names Act, 1950.

2. Preparation of MOA:

• • MOA is a charter of Society. It contains the following clauses:
  • Name clause
  • Object clause
  • Registered office clause
  • Governing Body Member clause

3. Preparation of rules and regulation (by-laws):

• • Rules and regulations contains the following clauses:
  • Membership clause
  • Meeting clause
  • Governing Body Member clause

4. Other documents:

• • This also requires the following documents:
  • Copy of resolution for Registration of Society
  • Copy of resolution Authorizing a person to make application for registration
  • List of members of Society along with their address
  • Rent Agreement or Registered Paper
  • NOC from Land Lord

5. Submission of documents for registration:

• • MOA along with rules and regulations to be filed with respective Registrar of Society.
  • Copy of rules and regulations of Society should be certified by at least 3 members of the governing body of the Society. After being satisfied, the Registrar approve the application and grant Certificate to the Applicant.

Post compliances:

• Post compliances vary from state to state. However, there are some general compliances to be done. These are as follows:
• Hold Board Meeting of Society every year.
• Hold AGM every year.
• Once in every year, within 14 days of AGM, a list of members shall be filed with the Registrar of Society.
• Maintain proper accounts of Society.
• Maintain minutes of board meeting and general meeting of society.
• Filing of ITR.