Society Registration

Society registration in India - An overview

A society is an organization in which a group of individuals with similar interest come together to perform some functions. The said societies are governed by the Societies Registration Act of 1860 and the said act is amended by the respective states. The societies are registered and governed as per the said act. Registration of society is required to promote the fine arts, science, literature, or knowledge sharing for a purposeful matter or for charity. On the other hand, society is also formed for the maintenance of a residential or commercial complex or for creating the Apartment Association.

Online Society Registration - A detailed process

For registering a society, the following criteria must be fulfilled:

• Members: Minimum of seven members for a state society and a minimum of eight members from eight different states (one in Delhi) is compulsory
• Jurisdiction: Where the registered office of the society is situated. Before the District Registrar in the particular area. For example, Charity Commissioner in Maharashtra.
• Governing Act: The societies are governed by the Societies Registration Act of 1986.
• Property management: The property of the society vests in the name of the society and the same can be sold as per the terms mentioned in the bye-laws of the society. (e.g., approval from the Executive Committee Member)
• Governing Act: The societies are governed by the Societies Registration Act of 1986.
• Dissolution or closure: Dissolution as per the bye-laws of the society, upon dissolution and after settlement of all debts and liabilities, the funds and property of the society may not be distributed among the members of the society, rather, the remaining funds and property must be given or transferred to some other society, preferably one with similar objects.
• Board: Executive Committee(President, Secretary, Vice President, Treasurer), General Body (All members)
• Annual compliance: Societies must file annually, with the Registrar of Societies, a list of the names, addresses and occupations of their managing committe

Documents required for Society Registration

In India, Society Registration cannot be done without proper identity proof and address proof. Identity and address proof will be needed for all the directors and the shareholders of the company to be incorporated. Listed below are the documents that are accepted by MCA for the online company registration process acceptable.

Identity And Address Proof

• Scanned copy of PAN Card or Passport (Foreign Nationals & NRIs)
• Scanned copy of Voter’s ID/Passport/Driver’s License
• Scanned copy of the latest bank statement/telephone or mobile bill/electricity or gas bill.
• Scanned passport-sized photograph specimen signature (blank document with signature [directors only])

For the foreign nationals, an apostilled or notarized copy of the passport has to be submitted mandatorily. All documents submitted should be valid. The residence proof documents like the bank statement or the electricity bill must be less than 2 months old.

Registered Office Proof

For online company registration in India, the company must have a registered office in India. To prove admittance to the registered office, a recent copy of an electricity bill or the property tax receipt or water bill must be submitted. Along with the rental agreement, utility bill or the sale deed and a letter from the landlord with her/his consent to use the office as a registered office of the company should be submitted.

• Scanned copy of the latest bank statement/telephone or mobile bill/electricity or gas bill
• Scanned copy of Notarized rental agreement in English
• Scanned copy of No-objection certificate from the property owner
• Scanned copy of sale deed/property deed in English (in case of owned property)

E-Form spice 32

It is an incorporation e-form provided at the final stage of in corporation of a company. Here, all the mandatory details should be filled in this form and submitted along with the required documents.

Applicability of tax exemption

There is a general notion that society need not pay tax as they work towards the welfare of the public at large. But this is not true. A society, like any other legal entity, is liable to pay tax. In order to be exempted from tax, a society is required to obtain certification for the said exemptions such as Section 12 A, 80G etc. from the income tax authorities