Introduction
The term “Societies Registration” typically refers to the process of registering a society or an association under the Societies Registration Act of a particular country. It is a legal procedure that allows groups of individuals with common interests, goals, or objectives to formally establish an organized body or society.
A society is a complex network of individuals who are connected through various social, cultural, economic, and political interactions. It refers to a group of people who share a common territory, live together, and engage in social relationships based on shared norms, values, and behaviours.
In a broader sense, society encompasses various aspects of human life, including social, cultural, economic, and political systems. It includes the norms, values, beliefs, customs, traditions, and institutions that shape the behaviour and interactions of individuals within the group.
Societies can vary in size, complexity, and organization, ranging from small, close-knit communities to large-scale, global civilizations. They provide a framework for social cooperation, the establishment of rules and laws, the development of social roles and hierarchies, and the creation of shared identities and collective goals.
Societies are dynamic and subject to change over time, adapting to new circumstances, technological advancements, and cultural shifts.
The founding member of a society is required to satisfy several conditions outlined in the act before the society registered in that state. once the society registered in that state and completed the registration process, it is responsible for maintaining compliance by adhering to the appropriate post registration norms.
There are several reasons why individuals or groups may choose to register a society, some include:
- Registering a society provides legal recognition and establishes it as a separate legal entity.
- Registration enhances the credibility and trustworthiness of the society. It demonstrates that the organization has met certain legal requirements and adheres to specific standards, which can be reassuring to potential members, donors, and partners.
- A registered society can enjoy perpetual existence, meaning it can continue its activities even if the founding members change or leave.
- Many funding agencies, both governmental and private, require nonprofit organizations to be registered in order to be eligible for grants, funding, and other financial support
- Registered societies may qualify for tax exemptions or other favourable tax treatment.
- Registering a society often requires the establishment of a governing body and the adoption of specific bylaws or a constitution.
- Many societies are formed to address social, cultural, educational, or charitable causes that benefit the public or specific communities.
- Society can open new bank accounts
Some key consideration regarding the registration of society:
- There must be at least seven members must be present to form a society. The founding member of society must submit MOA to the registrar of society.
- Under section 25 the societies must meet the legislative requirements.
- Societies can also choose to be unregistered but only registered society will be able to endure assigned properties.
- In case of the Benefits of Society Registration in India, the members should agree with the first name of the society and then also prepare the Memorandum which gets followed by all the rules and regulations.
Here are some key characteristics of societies:
- Societies are formed with a primary objective of serving the public or advancing a specific social, cultural, educational, or charitable cause. Their primary focus is not generating profits for distribution to owners or shareholders.
- Societies are typically formed through voluntary association, where individuals or groups come together based on a common purpose or interest.
- A registered society is recognized as a separate legal entity from its members. It can own property, enter into contracts, sue or be sued, and engage in legal transactions in its own name.
- Societies have a formalized governance structure, which may include a governing body, such as a board of directors or executive committee, responsible for overseeing the organization’s affairs
- Societies are established to serve the public interest or benefit a specific community or cause. They aim to address social needs, promote welfare, advance education, support cultural activities, or undertake charitable endeavours.
- Societies are expected to maintain a high level of accountability and transparency in their operations.
- Societies typically have a membership structure, allowing individuals or organizations to join and contribute to the organization’s activities.
An unregistered society refers to a group or organization that has not formally registered under the relevant laws and regulations. consequences of operating as an unregistered society are as under: –
- Operating as an unregistered society means that the group or organization does not have official legal recognition. This can limit the group’s ability to engage in certain activities, access resources, or receive legal protections and benefits that are available to registered entities.
- Unregistered societies may have limited legal capacity to enter into contracts, hold property, or enforce their rights in legal proceedings.
- Without legal registration, the members of the society may have personal liability for the actions, debts, or obligations of the group.
- Many funding sources, including government grants, private foundations, and corporate donors, require organizations to be registered to be eligible for financial support. As an unregistered society, it may be challenging to access funding and support, limiting the resources available to the group for its operations and initiatives.
- Operating outside the legal framework can expose the society to potential legal and compliance risks. This may include penalties, fines, or legal actions if the group violates any laws or regulations applicable to its activities.
