A group of persons including two foreigners desirous of forming a society seek your advice on the purposes for which such a society can be formed under the provisions of the Societies Registration Act, 1860. Advise and a
CS Professional · Advanced Company Law and Practice · PYQS · December 2016
A group of persons including two foreigners desirous of forming a society seek your advice on the purposes for which such a society can be formed under the provisions of the Societies Registration Act, 1860. Advise and also state the procedure to be followed in this regard.
Answer & Explanation:
Registration of Societies-Purposes A society can be registered by minimum of 7 individuals which may include foreigners, or registered society for the promotion of literature, science or fine arts or diffusion of useful knowledge and political education, or charitable purposes, as specified in Section 20 of the main Act. Following documents are required to be filed with the Registrar of Societies for registration of a society under the main Act or corresponding Acts of various State Governments - Covering letter requesting for registration stating various documents annexed to it addressed to the registering authority and signed by all the subscribers to the Memorandum or by a person authorized by all of them. Memorandum of Association (in duplicate) containing (a) name of the society, (b) the objects of the society, (c) the names, addresses and occupation of the members of the governing body (d) the place of registered office or the Society and (e) the names, addresses and full signatures of the 7 or more persons subscribing their names to the memorandum of association. Their signatures should be witnessed and attested. Rules and Regulations/ Bye-laws in duplicate, duly signed and certified to be a correct copy by at least 3 members of the governing body. Affidavit on non-judicial stamp paper of requisite value by the President or Secretary of the Society duly attested by Oath Commissioner or Notary Public or Magistrate of first class. Documentary proof such as rent receipt or property tax receipt in respect of the Registered Office of the Society or no-objection of the owner of the premises. Registration fee in cash or by demand draft. The formalities and requirements may differ from State to State. Hence, it is advised that the applicant should contact the registering authority of the State in advance besides being conversant with the respective State Act and the Rules framed there under. The Registering authority shall satisfy itself about the compliance of the provisions of the Act and correctness of the documents and only thereafter certify under its hand that the Society is registered under the main Act or the corresponding Act of the State. On registration, the Society becomes a legal entity or a judicial person.
Topics: Societies Registration Act, 1860
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