The Societies Registration Act, 1860 is legislation in India which allows the registration of entities generally for the benefits of society.
A society is an association of individuals who combine using a mutual accord to deliberate, govern and act cooperatively for some communal purpose and benefits for the community. It contributes to the overall development of society and involves some charitable activities like education, health, employment etc.
Society Registration, under The Society Registration Act, in India, contains certain procedures for the sake of society registration & operation. This act was implemented for the purpose of preceding the legal stipulations of society registration for the purpose of charity of literature, fine arts, science or distribution of awareness for knowledge. Further every state has drawn its own act for formation and regulating the societies. The area of scope of work is limited in the state where it is registered.
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Advantages of Society Registration
Documents Required for Society Registration
Process of Registration of Society
Register your society in Just ₹ 15000/-
Purpose of Society Registration
A society is registered for the development of science, arts or literature or else for diffusion of purposeful knowledge or charitable purposes. According to section 20 of Society Act, 1860, a society registration can be made for following purposes:
Acceptable Name for a Society
As per the provision of Prevention of Improper Use Act, 1950, two societies should not have similar names. But the state acts do not have any restriction regarding the use of same name of two or more societies. Some names are not applicable for society registration:
Comparison between Trust, Societies and Section 8 Company
|1.||Governed by||Companies Act, 2013||Indian Trust Act, 1882||Societies Registration Act, 1860|
|2.||Registration Document||The charter documents are MOA and Articles of Association||The main document is the Trust Deed||The Primary instrument for Registration of society its Memorandum of Society.|
|3.||Minimum Requirement||Section-8 Company requires at least two people.||At least two trustees are required.||At least seven members are required to form an society.|
|4.||Revocable/Irrevocable||It can be dissolved in accordance with the provisions of the Companies Act, 2013 and rules made there under||Public Trust are generally irrevocable||Society can be dissolved which shall be approved by at least 3/4 of the Members of the society.|
|5.||Control||It is managed by the Board of Directors and resolutions are passed in accordance with the Companies Act, 2013||Single man may control and prevail in a trust.||Decisions are democratically taken in societies|
|6.||Area of operation||It can operate all over India||It can operate all over India||It can operate in the specific state only.|
|7.||Bank Account Operations||Here, a person can be authorized to operate a Bank Account.||In trust it is controlled by one person mostly trustee||In case of society Bank operations are operated generally by the President and the treasurer.|
|8.||Annual Compliance||Annual Accounts and return of Company are filed with ROC.||There is no requirement of annual filing, but the data has to be provided to the concerned department as per prescribed formats.||Societies are required to file annually with the Registrar of societies, a list of containing name. address and occupation of the managing committee members.|
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FAQ's on Society Registration
No, registration of society is not a mandatory registration but there are certain benefits that only a registered society can claim under Society registration Act 1860 and Income-tax Act.
Trust is a legal arrangement in which a person holds property for the sake of other person. While Society is an association where group of individuals, come together to fulfill any particular purpose, described under the Act.
Yes of course you can check if a Society is Registered on the portal of the respective state.
Minimum requirement of members for registering a society is seven.
The time limit for registering a Society in Rajasthan is 15-20 days.
Every society has a legal separate entity from its members it is capable of filing suits against any person or any member.
Yes of course you can cancel your society registration by informing the registrar of society in written and sending a certificate of dissolution.
Tax audit of society is compulsory if the turnover of society exceeds 1 crores in a year. Tax Audit provisions is generally not applicable to societies which do not carry on any business.
Yes, it is compulsory to file Income tax Return every year and report the financials with the government.
The Society is registered state-wise and can regulate and function in the state in which it is registered. It has to take separate registration for every state in which it has to function.