Society/NGO Registration
Registration of society is required to promote the fine arts, science, literature, or knowledge sharing for a purposeful matter or for charity. At SSGroup, our experts make the process smooth without any hassles. Depending on the area of interest and requirements, we assist you in choosing the right NGO that best suits you.
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.
Online Society Registration - A detailed process
For registering a society, the following criteria must be fulfilled:
- Members: Minimum of seven members for a state society and a minimum of eight members from eight different states (one in Delhi) is compulsory
- Jurisdiction: Where the registered office of the society is situated. Before the District Registrar in the particular area.
- Governing Act: The societies are governed by the Societies Registration Act of 1860
- Property management: The property of the society vests in the name of the society and the same can be sold as per the terms mentioned in the bye-laws of the society. (e.g., approval from the Executive Committee Member)
- Dissolution or closure: Dissolution as per the bye-laws of the society, upon dissolution and after settlement of all debts and liabilities, the funds and property of the society may not be distributed among the members of the society, rather, the remaining funds and property must be given or transferred to some other society, preferably one with similar objects.
- Board: Executive Committee(President, Secretary, Vice President, Treasurer), General Body (All members)
- Annual compliance: Societies must file annually, with the Registrar of Societies, a list of the names, addresses and occupations of their managing committee members.
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
Society compliances
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.
Registration of NGO in India
- A full consultation to understand which registration would suit you best
- All the paperwork needed to apply for an NGO registration, we will keep you informed about the entire process and progress.
- We help you with all the processes and procedures needed for registering your NGO
Trust | Society | Sec-8 company |
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Governed by | Trust Act of each state | Societies Registration Act (State Law) | Companies Act, 2013 |
Members: | Minimum of 3 members and a maximum of 21 members | Minimum of 7 members and the maximum is unlimited | Minimum of 2 Directors/Shareholders |
Jurisdiction: | Where the registered office of the Trust is situated. Before the Sub – Registrar or the District Registrar in the particular area or the Charity Commissioner. | Where the registered office of the Society is situated. Before the District Registrar in the particular area or the Charity Commissioner. | Where the registered office |
Document: | Trust Deed | Memorandum of Association, By-Laws, Forms | MoA and AoA |
Board: | Founder or Author of the Trust, Managing Trustees (Treasurer, Auditor, etc.) | Executive Committee (President, Secretary, Vice President, Treasurer), General Body (All members) | Directors |
Property Management: | The properties of the Trust will be managed by the Trustees, however, the properties cannot be sold by the Trustees without obtaining the permission from the court. | The property of the Society vests in the name of the Society and the same can be sold as per the terms mentioned in the By-laws of the society. (Eg: Approval from the Executive Committee Member) | The property of the company vests in the name of the Company and the same can be sold as per the rules mentioned under the Companies Act, (Eg: With the consent of the Board of Directors in the form of a resolution) |
Revocation/ Dissolution or Winding Up | The trust is usually irrevocable in nature. For reasons like disqualification of trustees, the absence of trustees, mismanagement of the trust, the trust can be merged with another trust having a similar objective with the permission of the court. | Dissolution as per the By-laws of the society, upon dissolution and after settlement of all debts and liabilities, the funds and property of the society may not be distributed among the members of the society, rather, the remaining funds and property must be given or transferred to some other society, preferably one with similar objects. | Dissolution as per the By-laws of the society, upon dissolution and after settlement of all debts and liabilities, the funds and property of the society may not be distributed among the members of the society, rather, the remaining funds and property must be given or transferred to some other society, preferably one with similar objects. |
Annual Compliance | There is no annual filing but the board of trustee must keep the books and accounts proper. | Societies must file annually, with the Registrar of Societies, a list of the names, addresses and occupations of their managing committee members. | There is a requirement of annual compliance by the filing of annual accounts and the return of company with the RoC. |
Our team aims to provide the best legal consultancy services for all charitable, corporate and NGO firms across India. We maintain high ethical standards and work towards delivering every service within the promised time frame. We recommend you to give us a call or drop an email for the first free consultation. Our experts are available to serve you.
FAQs on Society Registration in India
- Q: What is the purpose of registering a society?
A: Societies are registered under the Societies Registration Act, 1860 (state-specific variations apply) to promote charitable, educational, cultural, religious, or social welfare activities. Registration provides legal recognition, enabling the society to own assets, open bank accounts, and enforce contracts.
- Q: What documents are required for society registration?
A: Key documents include:
- Memorandum of Association (MoA) with objectives and rules.
- Bylaws (governing membership, meetings, etc.).
- Address proof of the registered office.
- ID proofs of all founding members (7+ adults).
- Minutes of the first governing body meeting.
- Q: Who is eligible to form a society?
A: A minimum of 7 members (Indian residents) is required. Some states allow foreign nationals as members, but restrictions may apply. All members must agree to the society’s objectives.
- Q: What is the registration process?
A:
- Draft MoA and bylaws.
- Submit documents to the Registrar of Societies (state authority).
- Pay the prescribed fee.
- After verification, the Registrar issues a Certificate of Registration.
- Q: How long does registration take?
A: Typically 15–30 days, depending on the state’s process and document accuracy. Delays occur if there are discrepancies in paperwork.
- Q: What are the benefits of registration?
A:
- Legal entity status to sue/be sued.
- Tax exemptions under Income Tax Act (e.g., 12A, 80G).
- Ability to receive donations and grants.
- Perpetual succession (continues beyond members’ lifetime).
- Q: Can a society have foreign members?
A: Yes, but rules vary by state. Foreign members may require prior approval under the Foreign Contribution Regulation Act (FCRA) if the society receives foreign funds.
- Q: What compliance is required post-registration?
- Hold annual general meetings.
- Maintain accounts and file annual returns with the Registrar.
- Renew FCRA certification (if applicable).
- Follow bylaws for governance.
- Q: Can a society be dissolved?
A: Yes, via a resolution passed by 3/5th of members. Assets must be transferred to another nonprofit (not members) as per Section 13 of the Act.
- Q: How to get tax exemptions for a society?
A: Apply to the Income Tax Department for:
- 12A Registration: Exempts income from tax.
- 80G Certification: Makes donations to the society tax-deductible for donors