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Now its easy to set-up a Society
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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.

Documents Required

Memorandum of Association or MoA: The Memorandum of Association basically contains the name of the society, registered office address of the society, the area of its operations, and the objectives for which the society is established.
Bye-laws: The bye-laws of the society is considered as the constitution of the society and it contains the role and responsibilities of the Executive Committee members which includes its President, Vice President, Secretary, Joint Secretary and Treasurer. It also mentions the qualification of the members, eligibility, term and termination and all the other processes for the functioning of the society is mentioned in the bye-laws.
Proof of registered office – (rental agreement or ownership document)
ID proof of all the members of society
Two witnesses

Benefits of Enrolling the Society Registration

  • Each certified society procures legal status.
  • Registered society can legitimately open its current account
  • Can get delegation and regards under the Income Tax Act
  • Certified society gets the legal status that is necessary for statutory vesting of the wealth of society
  • Registered society gets legal identification before all forums and authorities
  • Members of the registered society are constitutionally bound to the same extent as if they had signed the Memorandum
  • A certified society can sue or sued.

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.

Society Compliance’s

A trust shall after its registration shall do the following:

Obtain PAN card
Open a bank account
Bookkeeping and accounts
Annual IT filings
Professional tax registration, if applicable
GST registration, if applicable
Compliance with the Registrar of Firm – Filing of AGM resolution, accounts to be disclosed and member list to be filed with the Registrar of Firms.