Step-by-Step Guide to the Society Registration Process

Registration to form a society is the very first step to pursue a collective objective, be it of cultural, educational, charitable or of any other kind.   Society, when duly registered,  gets its recognition in the eyes of the law, and with legal recognition it welcomes property, has contracts and accepts donations or grants. 

Know the registration procedure of the online society registration in and out so that your organisation will be legally sustained and hence set up for attaining long-term success. So, within this guide, we provide to you a step-by-step guide on the process of registering societies, including all compliances to be done post-registration.

Understanding the Registration of Societies 

Society means a non-profit, relatively amorphous body of people who come together with a view to further some common cause. Societies are usually formed with purposes of charity, education, culture, or social welfare. Furthermore, the Societies do not have any specific legal identity; they are rather a mere form like the other organisations. The day-to-day activity of the societies in India is managed by the Societies Registration Act of 1860.

The primary thing that distinguishes a society from other bodies is its democratic setup, meaning that the decisions are collectively taken by its members. Registration is mandatory in case a society wants to have an independent legal status through which the society acquires legal status and exists as an entity other than its members.

Preparation for Society Registration 

Whether or not this groundwork has been achieved, a process to register a society can be initiated. In this, incorporation must be clearly defined, with the objective or objectives on which the society’s operation is based well defined. This would be important in that this would be the beginning of drafting some of the vital documents and how the society would operate.

1. Defining the Purpose and Aims: The very first step towards making a society is the definition of purpose. Whether it be the inculcation of cultural inheritance, education, resources, social welfare activities, or anything; the object has got to be clearly defined and implemented in the light of the mission that society has undertaken.

2. Selection of Unique Name for Society: The name of the online society registration shall be unique and not conflicting with any other existing registered society. It is desirable to make a search about the name with the Registrar of Societies to avert at a later stage some legal complications.

3. Identifying Founding Members: The law requires a minimum of seven members for registering a society. Of these members, all are important in the governing and controlling of the society. Such members should be committed to the cause of the society and willing to take office bearer roles.

4. Memorandum of Association (MoA): This is a very important document in preparing a description about the name, registered office address, objectives, and information about the founding members. It is considered as the constitution of the society; hence drafting is supposed to be made cautiously regarding the mission and structure of the society.

Drafting of the Rules and Regulations 

These form the backbone of the operations of the society and often these are then referred to as the by-laws. These define how the society will be managed and governed, introducing transparency and accountability into the same.

1. Membership Criteria: What categories of individuals can become its members, how, and what rights and obligations these members have.
2. Election of Office Bearers: Clear up how key officials will be elected such as the president, secretary, or treasurer, detailing powers and powers of these people.
3. Meetings and Quorum Requirements: Have there been shown, accordingly, the frequency with which meetings are to be held and the quorum required for decisions? Give the method of convocation of emergency meetings.
4. Use of Funds: Provide for some kind of policy on the use of society funds; indicate what a person expects of his treasurer or treasurer to do etc; also indicate how accounts may be audited.
5. Amendments to Bye-Laws: It is necessary that you provide for some amendments to your bye-laws in case the needs and requirements change in your society. ;

Documents Needed in Registering a Society 

Success will largely be decided by the completeness and correctness of documents you submit for registration. Some of the common documents include the following.

1. Memorandum of Association (MoA): This document requires signatures by all members who want to become members of the society as a founding member. Notarization of this signature is required.
2. Bye-Laws and Regulations: This must be signed by her founding members of the society. Notarization has to be sourced too.
3. Affidavit: This, on the other hand, is an affidavit that the secretariat shall sign either the President or Secretary wherein the same submits that the online society registration is genuine, all the stipulations of the Act are complied with, and the rules and regulations of the society are true.
4. Address Proof: Any Two in Proof Of Address of The Registered Office of The Society, The Bill of Utility Payment or The Monthly Rent Agreement Would Suffice.
5. Copies of identity proof :  All the founders, like Aadhar cards, voter IDs, or pass spots.

All the copies of the documents prepared must be attested or notarized properly as per the requirement. Any shortcoming in the documents will result in deferring of the application or even rejection.

After preparing all the documents, one has to apply for registration with the proper authority.

1. Choose the Right Authority: Make sure that you reach the correct office for registration applicable in your state.
2. Submitting the application:*The application form with all annexures and with the prescribed fee to be submitted; a receipt should be taken for proof of submission.
3. Registration Fees: The fees in registering a society vary from state to state and are paid the time one is applying to register. The fee would normally be payable by cash, demand draft, or even through online payment.
4. Avoiding Common Errors: One should double-check the application and documents submitted to avoid all sorts of common errors like incomplete forms, documents, missing signatures, or non-payment or underpayment of fees.

Post-Registration Requirements and Compliance 

Once the society is registered, it is issued with a certificate of registration. This certificate is dispatched to acknowledge the legal existence of the society, and not for ending the process of continuous compliance to maintain the good standing of the society.

1. Filing Annual Returns: Most of the states require annually the returns to be lodged with the Registrar of Societies giving details concerning the financial statements and lists relating to the members.
2. Keeping Records: Minute records of all financial performances, agreements in meetings, and membership registers should be done accurately and precisely.
3. Annual Audits: The society should conduct an annual audit through some qualified person ensuring that the financial status of the society is in working order.
4. Holding Meetings: A society must meet from time to time. The elements of a society have to convene an Annual General Meeting (AGM) to suffice for the important and relevant requirements of governance.

Penalty for Non-Compliance 

 The penalty can be imposed for not following the act, suspension of registration of the society, and such other things or legal action.

Rejection and Appeal 

There are some instances in which the above registration is not accepted. The rejections can either be due to incomplete documentation, discrepancies in the MoA, or an objection regarding the name of the society.

1. Correction of Mistakes: Where an application is not accepted, the reason for it shall be determined. Correct mistakes and deficiencies and reapply.
2. Right of Appeal: You feel the decision was unfair. You have the right to appeal to the District Registrar or right of appeal before a court of law.

Conclusion

Societal registration is the process that grants legitimate status to your organisation. At Srimas Associate, we specialize in providing efficient and comprehensive societal registration services in Bengaluru. By paying close attention to the maintenance of legal requirements, we ensure the prosperity of your society and enable its activities to continue seamlessly. Choose Srimas Associate for reliable society registration in Bengaluru and ensure your organisation operates within the legal framework.

Even if the process proved to be very daunting, attention to details and a thorough plan would manage it. One of the important ways of smoothening this process is seeking help from legal experts in setting up the society for its possible future success.