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Society registration in India takes place under The Societies Registration Act, 1860. Society registration is one of the three ways to register an NGO in India(Under the Indian Trust Act, 1882, Societies Registration Act, 1862 and the Indian Companies Act, 2013).
A society is an entity that works for promoting any of the below-mentioned activities or purposes.
Science
Art
Literature
Education
Charity
Public museums
Libraries
Creating military orphan funds
Difference between Society and Trust
Societies work in a manner similar to trusts. That is why these two terms are often used interchangeably. However, both entities are different from each other. The Societies Registration Act, 1860 governs societies in India. On the other hand, private trusts come under the purview of Indian Trust Act, 1882. Apart from the governing acts, here are some more key differences between the two.
Society needs a minimum of seven members, trust needs two.
Trusts don't need a separate all India registration, societies do.
Voting system governs a society, but one person can control a trust.
Amendments are easy in case of trusts, not so in case of societies.
Trust may be revoked with ease, but it is more difficult in case of societies.
A trust can have general objectives, but a society cannot. It needs to have specific objectives.
It is possible to make a family member the trustee. But, it is usually not possible in case of societies.
A trust works as per the trust deed. A society works as per its MoA and regulations.
Moreover, the society may have any other purpose if the state law allows it.
Registering a Society
State governments manage society registration. Therefore, an application for society registration is sent to the appropriate state government. Appropriate state government means the government of state where the registered office of the society is located. To register a society, you need to take the below steps.
First, agree on a name with the consent of founding members.
Then prepare a MoA and regulations of the society.
Next, obtain signatures of founding members on the MoA.
Finally, get the MoA witnessed by an officer such as an advocate, CA, or notary public.
Documents for Society Registration
To complete the registration process smoothly, keep the following documents ready.
Cover letter that requests society registration. All members must sign this letter.
MoA of the society. You need three copies of the MoA. One certified copy and two ordinary copies.
Two copies of Rules and Regulations of the society. Founding members must sign both copies.
An Affidavit by the president or secretary. It must state the relationship between subscribers.
Address proof for the registered office.
No objection certificate from the landlord.
Fee for Society Registration
Varies depending on the state of registration. Usually between Rs. 200-1000. The professional fee depends on your needs.
Timeline for Society Registration
Society registration can take anywhere between 30-60 days.
