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The Indian Societies Registration Act of 1860 was enacted under the British Raj in India, but is largely still in force in India today. It provides for the registration of literary, scientific and charitable societies.

Under the Act societies may be formed, by way of a memorandum of association, by any seven or more people associated for any literary, scientific or charitable purpose. The memorandum of association has to be filed with the Registrar of Societies. The memorandum has to contain the name of the society, its objects, and the names, addresses, and occupations of the members of the governing body, by whatever name it may be called, duly signed for consent by all the members forming the society. A copy of the rules and regulations of the society also has to be filed along with the memorandum of association.

Registration Procedure

Two sets of memorandums of Association including List of Proposed governing body & list of Desire’s Persons (founder members of the society) - All pages to be signed by at least seven members.

Desirous persons or the person subscribing the names of the memorandum should not be (in any case) less than seven. If it is proposed to give all India character to the society there must be minimum of eight different persons from different States of Indian Union to the memorandum.

Two sets of Rules & Regulations framed for the functioning of the society.

Affidavits (on ten rupees stamp paper from President/Secretary society regarding the name/ title of the society.

Copy of residence proof of all desirous persons.

Proof of ownership of the registered office of the society and no objection certificate (on ten rupees stamp paper).

A copy of the report of the proceedings of the General meeting at which the registration of the Society was resolved.

Advantages of Society Registration

A registered society is viewed as a separate legal entity, and it is granted with certain authority that allows the following purposes. Those are as follows:-

  • Purchase a certain property without legal hassles. Registered Society encounters lesser compliances while vesting the property in its own name.
  • File cases against the defaulters or in case of a dispute. The registered Society holds the right to enforce proceedings regarding legal affairs in the court.
  • Avail tax exemption from income tax. The Society working under the act is eligible to file income tax return.
  • Carry fewer liabilities.
  • Shift the old property to another entity without engaging with daunting documentation or stringent compliances.
  • Protect the properties of the incorporated body against the opponent seeking ownership of the same.
  • Bypasses the provisions that discourage the opening of a bank account in its name.
  • Accumulate funds from outside sources.

Registered Society has a right to vest the property in its name, and it doesn’t attract any provision related to the transfer of ownership. A society managed by the overseas candidates in India is still deemed as in Indian Society, and it follows all the provisions of Indian laws.

As per law, unregistered Society is not viewed as a separate legal entity. Thus, such entities don’t get the opportunity to reap the above benefits. The unregistered Society won’t cement its place in the legal framework until it opts for registration. To be precise, there are endless Advantages of Society Registration to enable the Society to perform without legal hassle.

Annual Filing of Society

Every year within thirty days of holding of annual general body meeting, the committee shall file returns relating to its constitution, business and allied matters to the Registrar as prescribed and if the returns are not filed, it shall be an offence under this Act and the persons responsible shall be penalised in accordance with the provisions of this Act.

Taxation of Society

A society will be taxes same as Resident Individual.

Income tax slab Income Tax Rate
Up to ₹ 3,00,000 NIL
₹ 3,00,000 to ₹ 5,00,000 5% of the total income above ₹ 3,00,000.
₹ 5,00,000 to ₹ 10,00,000 ₹ 10,000 + 20% of the total income above ₹ 5,00,000.
Above ₹ 10,00,000 ₹ 1,10,000 + 30% of the total income above ₹ 10,00,000.