Society registration ...
tdeli
(Querist) 14 March 2013
This query is : Resolved
Our Locality in Delhi had a Resident Welfare Association who had all the owners as its members and was never regd with the Registrar of Societies but the name was Regd. in Trademark registrations for the last 30 years and was duly maintaining our locality.
Some 2 years back the Managing Committee of our society went for the Regd. of our society under Societies Regd. Act 1860.and it was regd under the name of the locality.
My ques. are -
1.Is this Regd under Societies Regd.Act 1860 the continuation of the old Society or a new legal entity was formed and Regd.
2. Will the membership of the old society automatically become part of the new society or new membership will be enrolled.
3.Will this new enrollment need the approval of each member and the Meeting of the General Body or Managing Committee or all the old members deemed to be its members.
4. Will the balance of the funds of the old Society be carried forward to the new society .
5. It its not a continuation of the old society does the old society still in exsistance and what will happen to its funds and also its bank accounts .
Thanks ...
Raj Kumar Makkad
(Expert) 14 March 2013
1. If the earlier soceity was not registered and this has been got registered for the first time then legally this has only attained legal entity otherwise as per clauses of the new society it is in continuation of earlier.
2. Read the bye-laws of new society and get your reply therefrom.
3. If the same has already been got registered, there is no need to obtain permission of all or every old member now.
4. It depends upon the bye-laws duly approved by registrar so go through those first.
5. Already replied.
tdeli
(Querist) 14 March 2013
The first society was registered only with trademarks for the name and the society.
Two years back the society was registered for the first time under the Registration of Societies Act 1860.
Now the new society can be termed as continuation of the first society or the 2nd Society is a new legal entity and thus the above said ques.
Thanks ...
Hemant Agarwal
(Expert) 15 March 2013
1. Under the Societies Act, a Registered Society attains legal status for its Assets & Liabilites, ONLY on/after the date of incorporation / registration certificate is obtained.
2. All transactions / Assets & Liabilities (concerning the "Resident Welfare Association") have no legal relevance of any sort, under the Societies Act AND to the newly registered Society.
3. The membership of an unregistered Society (means the "Resident Welfare Association") has no legal value and the outstanding dues or whatever of a member of the Assocation cannot be accounted for or recovered from the new members of a registered society.
4. All membership, accounts, assets & liabiliites shall have to start afresh under the New Society's name. There is no such thing as "automatic" transfer of membership, accounts, assets & liabiliites of an unregistered society into a registered Society, unless and untill both the societies were registered and had applied for seperation / split / bifurfication of the Society membership, accounts, assets & liabiliites.
Keep Smiling .... Hemant Agarwal
tdeli
(Querist) 15 March 2013
Thanks ...
If an Association which has 30 members is not registered and wants to get it self regd. will it have to shut down all the workings and bank accounts and other financials of the old association and start a totally new society as a Legal Entity all together and will it have to start a
1. Fresh Regd.of membership and new Register of
Members.
2. Open New Bank Accounts.
3. Maintain New Balance Sheets.
4. Maintain New Minutes Book.
In that case what will happen to the Assets like Bank Accounts of the old Association we had .
Raj Kumar Makkad
(Expert) 15 March 2013
The old society was not registered rather the same was just an association of persons having no legal right even to designate it as a society hence the registered society has been formed 2 years back and the entire old accounts should be got transferred to it for the same of legality to even earlier association. Entire new working shall have to be initiated by new society as per SR Act.
tdeli
(Querist) 15 March 2013
We were always in the impression that we were in continuation of the same old association into the new society, with a new name, which was registered under Society Regd Act.as the members who had signed while registering the new society were the governing body of the old Association.
Is this wrong if -
1. We continued the Bank Accounts of the old association by just changing the name of those accounts with the bank into the new name which was registered under SR Act.
2.We continued the same Minutes Book and made entries into the old minutes book that we had registered ourselves into society now.
3.We continued the same Register of
Members and the same membership without enrolling any one fresh even though the eligibility of the members had changed .
4.We continued with the same old Balance Sheet in the next Fin. Year.
If we could not transfer the old accounts into new accounts, what will we be doing with the old bank accounts.
Raj Kumar Makkad
(Expert) 16 March 2013
1. No if bank agrees thereto.
2. No, if office of SR admits it.
3. do as replied above.
4. You may transfer all those accounts with special resolution in new society.
prabhakar singh
(Expert) 16 March 2013
There should not be a lot of confusion in your mind.All that was previously not legally shaped has now after registration taken a legal shape.The previous entity was not judicial entity but members were,now the society has taken shape of a judicial entity separate than it's members,it has it's own rule to function and go on as well as the winding and disposal of it's properties,all would be governed by Societies registration Act.Previously it was a free lance among members now it is between society and it's members.
