Society Registration

A society may be defined as a company or an association of persons united together by mutual consent to deliberate, determine and act jointly for same common purpose.
Minimum seven persons, eligible to enter into a contract, can form society. When an NGO is constituted as a society, it is required to be registered under the Societies Registration Act, 1860.

The chief advantage of forming a society are that it gives a corporate appearance to the organization, and provides greater flexibility as it is easier to amend the memorandum
and bye laws of the society than in case of trust, terms of which are strictly manifested in the trust deed. However, formation of a society requires more procedural formalities
than in case of a trust.

A Society for its inception requires:-

I. Memorandum of Association, and
II. Rules and Regulations

For the purpose of registration, following documents are required to be filed with registrar of Societies:

Document Required

a) Covering letter requesting for registration stating in the body of the letter various documents annexed to it. The letter is to be signed by all the subscribers to the
memorandum or by a person duly authorised by all of them to sign on their behalf.

b) Memorandum of Association, in duplicate neatly typed and pages serially numbered.

c) Rules and Regulations/Bye-Laws, in duplicate, certified by at least three members of the governing body.

d) An affidavit of the president/Secretary of the society, on a non-judicial stamp paper of prescribed value, stating the relationship between the subscribers, duly attested by an
oath commissioner, notary public or 1st class magistrate.

e) Documentary proof such as house tax receipt, rent receipt in respect of premises shown as registered office of the society or no objection certificate from the landlord of
the premises.

f) An authority duly signed by all members of the managing committee.

g) A declaration by the members of the managing committee that the funds of the society shall be used only for the purpose of furthering the aims and objects of the
society.

Company: Under Section 25 of the company's act, an association formed or to be formed:

a) For the purposes of promoting commerce, art, science, religion, charity to any other
useful object

b) With intention to apply its profits or other income for promoting its objects, and

c) Which prohibits payment of any dividend to its members,

Is permitted to be incorporated without addition of the word "Limited" or "Private Limited". Procedure for applying is same as applicable in the case of all companies.

If the registrar is satisfied that all formalities have been complied with, he will issue a certificate of incorporation from which date the company comes into existence.

Note: An association already registered as a company, may also apply for a licence u/s 25.