Trust Registration
Document Required
- Charitable Trusts are registered under Public Trusts under the public trust Act, 1882.
- Needs a minimum of two people competent to contract with any or no educational qualifications.
- Government, Semi-Government employees, too, are eligible to be Trustees of Ttrust. They earn no profit, salary, or personal interest for themselves through the Public Trust and offer selfless social services to the Trust.
- Aadhar and PAN Card (Original and/or their Self Attested Copies) are required together with water/ electricity, utility bills in their name or in the owner’s name of the property and the Permission/Consent letter that the owner allows use the property as Registered Office of Trust(NGO).
- Rent Agreement is required if the property is on rent, two witnesses with 2 passport-sized photos.
- Trust Deed to be signed and submitted in Sub-Registrar office under Revenue Department of the concerned District Court of the respective area/district.
Society:
A minimum of seven or more person are required to form a society. For this, individuals, companies, foreigners, and other registered societies of India can also register for the society’s memorandum. Like partnership firms, societies can also be unregistered or registered. However, only the registered society can have legal rights to hold property or enter into contractual relations.
The state governments control society registrations. Thus, applications for society registration should be made to the specific authority of the state where the registered office of the society is located.
For society registration, the established members must first agree with the society’s name and then prepare the society’s memorandum, rules, and by-laws.
Selection of a Name
Names either same or similar to currently registered societities shall not be available. Further, the proposed name shall not suggest any protection to the State Government or the Government of India or attract the Emblems and Names Act provisions, 1950.
Memorandum of Association
The memorandum should include the names, addresses, designation and occupation details of the members of the society. The memorandum, along with the rules and regulations of the society, should be signed by each established member. The following documents have to be prepared, submitted and signed for registration:
- Requesting society registration by providing a letter signed by all established members.
- Keep a duplicate copy of the Society’s Memorandum of Association along with the verified copy.
- A copy of the society’s rules and regulations and a duplicate copy duly signed by all established members.
- The address of the registered office of the society as well as the No Objection Certificate (NOC) issued by the landlord.
- The affidavit given by the secretary or the president of the society in the prescribed format.
Documents required
Following are the documents required for the Society Registration in India:
- PAN CARD
- Residence Proof
- Memorandum of Association
- Articles of Association
- A Cover Letter
- Address proof
- Governing Body Member's Affidavit
- A Declaration
PAN Card:
The PAN card of all the members of the proposed society will have to be submitted along with the application.
Residence Proof:
Residence proof of all the members of the society will also have to be submitted. The following can be used as valid residence proof:
- Bank Statement
- Aadhaar Card
- Utility Bill
- Driving License
- Passport
Memorandum of Association
A memorandum of association is to be prepared with the following sections and information:
- The function and purpose of the society for which it is being established
- Details of the members who constitute the society
- It will have the address of the registered office of the society
Articles of Association
Articles of the association will also have to be prepared, which will contain the following information:
- Rules and laws by which the functioning of the society will be regulated and the activities of the day shall be maintained
- There will be rules for membership in the society
- Details about the meetings of the society and the frequency of occurence should be mentioned.
- Information about auditors
- Form of arbitration in case of any dispute between members of society
- Methods of the dissolution of society will also be mentioned
Once the rules are made, they can be changed, but the new rules will be signed by the society’s Secretary, Chairman, President and Vice president.
Cover Letter
A covering letter mentioning the objective or purpose for which the society is being formed will be attached at the beginning of the application. It will be signed by all the founding members of the society.
Address proof
A copy of the address proof where the society’s registered office will be located with the NOC from the landlord is to be attached.
Governing Body
All governing body members should sign as subscribers to Memorandum.
Declaration Form
An undertaking is to be made by the president of the proposed society that he is willing to hold the said post.
All the above documents must be submitted to the Registrar of Societies with the requisite fee in 2 copies. Upon receiving the application, the registrar will sign the first copy as acknowledgement and return it, keeping the second copy for approval. On proper delivery of documents, the registrar will issue a certificate of incorporation by allocating the registration number.
The signed rules and laws and the memorandum must be filed with the concerned society or state Registrar with a specified fee. Once the registration of the Society is complete, they will certify that the organisation shall recieve certified copies from the Registrar.