Registration for Society Formation in India

Registration for Trust Formation in India involves establishing a legal entity where assets are managed by trustees for the benefit of designated beneficiaries.

No Hidden Charges

Lowest Price Guarantee

Talk to an Expert

Your information is safe with us. | Privacy Policy

Meghana Woonna
Meghana Woonna
2024-03-06
Expert advice, friendly staff, and excellent client service
MOHD RAFIQ KHAN
MOHD RAFIQ KHAN
2024-03-01
Made the GST filing process understandable for a layman like me
RAMARAO IMMIDI M V R S
RAMARAO IMMIDI M V R S
2024-03-01
Partnership formation advice was invaluable, truly professional
PRABHAKARA RAO
PRABHAKARA RAO
2024-03-01
Their guidance on trade license was clear and helpful
Avinash -ADMIN
Avinash -ADMIN
2024-03-01
Very good services
DSK Sai
DSK Sai
2024-03-01
They are the best at what they do, highly recomend
Ram katla
Ram katla
2024-03-01
We registered LLP here, it was a good experience
Vinay chowdary Kurra
Vinay chowdary Kurra
2024-03-01
Flexible auditing
kandukuri avinash
kandukuri avinash
2024-03-01
Impressed with their knowledge and service quality.
Charan Charan
Charan Charan
2024-03-01
Best accounting team ever

Four Steps to Get Your Trust Registration

Fill the Form

Provide business details

Add to cart

Pay the required fee online

Submit Documents

Upload required papers

Certificate delivery

Official Document Delivery

Find the best plan for your needs

Basic Plan

8,999
+GST

Standard Plan

13,499
+GST

Basic Plan
+

Premium Plan

22,999
+GST

Standard Plan
+

Overview of society

In India, forming a society involves the registration under the Societies Registration Act of 1860. This legal framework is intended for the promotion of charitable activities like culture, arts, education, and welfare. The process begins with a minimum of seven individuals who act as the founding members of the society. These members need to agree on the Society’s Memorandum of Association, which includes the name, objectives, and location of the society, along with the rules and regulations governing its operations.

Once the Memorandum and the Rules & Regulations are drafted, they must be submitted to the respective State Registrar of Societies along with the requisite fee. The application should also include identity proofs and addresses of all the members. Approval from the Registrar leads to the official registration of the society, enabling it to operate legally, open bank accounts, and be eligible for certain exemptions and benefits under Indian law.

llp
llp

In India, forming a society involves the registration under the Societies Registration Act of 1860. This legal framework is intended for the promotion of charitable activities like culture, arts, education, and welfare. The process begins with a minimum of seven individuals who act as the founding members of the society. These members need to agree on the Society’s Memorandum of Association, which includes the name, objectives, and location of the society, along with the rules and regulations governing its operations.

Once the Memorandum and the Rules & Regulations are drafted, they must be submitted to the respective State Registrar of Societies along with the requisite fee. The application should also include identity proofs and addresses of all the members. Approval from the Registrar leads to the official registration of the society, enabling it to operate legally, open bank accounts, and be eligible for certain exemptions and benefits under Indian law.

Minimum Requirements

As per the Societies Registration Act, 1860, there are minimum requirements that need to be met for society registration in India.

Members

Members

Memorandum of Association

Memorandum of Association

Rules and Regulations

Rules and Regulations

Registrar of Societies

Registrar of Societies

Advantages of Society Registration

Benfits of Society Registration

Legal Recognition

Societies gain formal recognition as legal entities, allowing them to operate and transact officially.

Tax Exemptions

Registered societies may be eligible for exemptions from income tax under the IT Act.

Limited Liability

Members' personal liability is limited; they are not personally liable for the society’s debts.

Funding Opportunities

Eligibility for government grants, private donations, and international funding is improved significantly.

Perpetual Succession

Society continues its existence irrespective of changes in membership, ensuring longevity and stability.

Property Ownership

Societies can legally acquire, hold, and dispose of property in the society's name.

Documents for Society Registration

The following documents need to be scanned and attached for Society Registration

Foundational Documents

Supporting Documents

Foundational Documents

Covering Letter

Memorandum of Association (MoA)

Articles of Association (AoA)

List of all Members

Declaration

Supporting Documents

Copy of Proof of Address

Identity Proof of all the Members

Residence Proof of all the Members

Signed Consent of All Members

Minutes of the Meeting

Covering Letter

Copy of Proof of Address

Memorandum of Association (MoA)

Identity Proof of all the Members

Articles of Association (AoA)

Residence Proof of all the Members

List of all Members

Signed Consent of All Members

Declaration

Minutes of the Meeting

Note: The registrar’s office may also ask for additional documents or details specific to the state or the nature of the Society.

Society Registration Procedure

Need to Be Updated

Society Registration Procedure mobile
Society Registration Procedure

Objective: Assemble a minimum of seven individuals or entities, either Indian citizens or foreigners residing in India, who will act as the founding members.

Key Actions:
      • Organize initial meetings to finalize the society’s objectives and administrative details.
      • Choose a legally permissible name for the society, ensuring there is no infringement on existing names and it is acceptable under the Act.

Objective: Prepare the society’s governance documents in accordance with the Societies Registration Act, 1860.

Key Actions:

Memorandum of Association: It must include the society’s name, objectives, and the address of its registered office, along with the names, addresses, and signatures of the governors (founding members).

Rules & Regulations: Draft rules that govern membership criteria, meeting processes, management committee elections, financial management, and other operational details.

Objective: Officially register the society by submitting necessary documents to the Registrar.

Key Actions:

Submit the Memorandum of Association and Rules & Regulations along with the appropriate registration fee to the Registrar of Societies in the relevant state.

Objective: Obtain legal recognition for the society and ensure compliance with statutory requirements.

Key Actions:
      • Monitor the registration process and respond to any queries from the Registrar.
      • Upon approval, receive the Certificate of Registration.
      • Establish regular compliance practices, including bookkeeping, annual filings, and adherence to statutory obligations.

State-Specific Acts: Although the Societies Registration Act of 1860 provides the foundational framework, several states, including Maharashtra, Gujarat, and Tamil Nadu, have enacted their own versions with unique provisions that differ from the central legislation. These variations impact both the registration and operation of societies within these jurisdictions.

Registrations Required After Creation of a Society

After establishing a trust in India, obtaining the following registrations is essential to ensure legal compliance and access to various benefits and funding opportunities

Section 12AB Registration: This provides income tax exemption on the entity’s income. Societies registered under the Societies Registration Act, 1860 that are involved in charitable activities can apply for this to enhance financial sustainability.

Section 80G Registration: Enables donors to claim tax deductions on their donations. This is advantageous for societies as it encourages more generous donations from the public, supporting the society’s activities.

NGO Darpan Registration is essential for societies seeking government grants and schemes. Managed by NITI Aayog, it provides a platform for societies to gain credibility and access to government resources, enhancing transparency and funding opportunities.

E-Anudaan is a platform that facilitates the application and management of government grants for societies and NGOs. By registering on E-Anudaan, societies can streamline their access to various funding opportunities provided by the government, enhancing their financial sustainability and operational efficiency.

This is necessary for societies that want to receive foreign contributions. The registration is governed by the Ministry of Home Affairs and is crucial for societies involved in cultural, economic, educational, religious, or social programs that receive foreign funding.

This registration is required for societies that wish to receive Corporate Social Responsibility (CSR) funds from companies. This is managed by the Ministry of Corporate Affairs.

Desktop - 16
Desktop - 16

Section 12AB Registration: This provides income tax exemption on the entity’s income. Societies registered under the Societies Registration Act, 1860 that are involved in charitable activities can apply for this to enhance financial sustainability.

Section 80G Registration: Enables donors to claim tax deductions on their donations. This is advantageous for societies as it encourages more generous donations from the public, supporting the society’s activities.

NGO Darpan Registration is essential for societies seeking government grants and schemes. Managed by NITI Aayog, it provides a platform for societies to gain credibility and access to government resources, enhancing transparency and funding opportunities.

E-Anudaan is a platform that facilitates the application and management of government grants for societies and NGOs. By registering on E-Anudaan, societies can streamline their access to various funding opportunities provided by the government, enhancing their financial sustainability and operational efficiency.

This is necessary for societies that want to receive foreign contributions. The registration is governed by the Ministry of Home Affairs and is crucial for societies involved in cultural, economic, educational, religious, or social programs that receive foreign funding.

This registration is required for societies that wish to receive Corporate Social Responsibility (CSR) funds from companies. This is managed by the Ministry of Corporate Affairs.

Differences

comparison of Society, Trusts, and Section 8 Companies in India

Frequently Asked Questions

What is the minimum number of members required to form a society in India?

A society must have a minimum of seven members.

What documents are needed to register a society?

Key documents include the Memorandum of Association, Rules and Regulations, and proof of address for the registered office.

Can foreigners be members of a society in India?

Yes, foreigners residing in India can be members of a society.

What are the tax benefits for registered societies?

Registered societies may be eligible for tax exemptions under various sections of the Income Tax Act.

How long does it take to register a society in India?

The time frame can vary by state but generally takes a few weeks to a few months.

Is it necessary to have a physical office to register a society?

Yes, a society needs a registered office address, which can be residential or commercial.

Can the objectives of a society be changed after registration?

Yes, the objectives can be changed with the approval of the Registrar of Societies and the general body of the society.

What happens if a society does not comply with the annual compliance requirements?

Non-compliance can lead to penalties, including fines or even cancellation of the society’s registration.