URGENT: PLZ HELP........
komal
(Querist) 14 January 2009
This query is : Resolved
hello......
i stay in mumbai, and want to know the procedure, rules and regulation of Society Formation.
Each and every detail of that, including how much a person has to pay for Society Formation, does it has to be paid "per head" or "square feet" and IN BOTH THE CASES HOW MUCH SHOULD BE PAYABLE.....
ALSO CHEQUE SHOULD BE FAVORING WHOM(NAME.....)
IS THERE ANY LATE FEES FOR SUBMITTING CHEQUE LATELY.......
PLEASE HELP ME OUT AS SOON AS POSSIBLE ....... AS THIS IS URGENT.....
ANY OF U HELPING ME WOULD BE A GREAT HELP FROM UR SIDE...........
AEJAZ AHMED
(Expert) 15 January 2009
Dear Komal,
Following are the details as per your requirement.
FORMATION / REGISTRATION OF A SOCIETY
Minimum 7 or more persons, eligible to enter into a contract can form society for various bona fide purposes. Under the Jammu and Kashmir Act, and Telengana Area Act, only 5 persons can form a society.
ELIGIBILITY
Besides individual, following persons are eligible to form a society by subscribing to the memorandum of a society:
• Foreigners
• Partnership firm
• Limited company
• Registered society
• Minors not eligible
REGISTRATION OF SOCIETY
Place of registration
The registration of a society is to be done under the act wherever obtaining and not in the state where the benefit is claimed.
Once the persons proposing to form a society have decided upon the name of the society and have prepared a draft of the memorandum and rules and regulations the society the following procedures would have to be adopted for getting the society registered:
Signing of Memorandum of Association
All subscribers (minimum 7) should sign each page of the memorandum and the signature should be witnessed by an Oath Commissioner, Notary Public, Gazetted Officer, Advocate, Chartered Accountant, Magistrate First Class with their rubber/official stamp and complete address.
Documents required to be filed with the registrar of the society
• Covering letter requesting for registration stating in the body of letter various documents annexed to it.
• Memorandum of Association in duplicate along with a certified copy.
• Rules and regulations
• Where there is a reference to any particular existing places of worship like temple, masjid, gurdwara etc. sufficient documentary proof establishing legal competents and control of applicant society over such places should be filed.
• Affidavit of non-judicial stamp paper of appropriate value by President or Secretary of the office.
• Documentary proof house tax receipt, rent receipt in respect premises shown as registered office of a society or ?No Objection Certificate? from the owner of the society.
PURPOSES FOR WHICH A SOCIETY CAN BE FORMED
A society can be formed for the promotion of literature, science or the fine arts or the diffusion of useful knowledge/political education or for charitable purposes. Section 20 of the principal Act specifies the following purposes for which societies may be registered under the Act:
• Grant of charitable assistance
• Creation of Military orphan funds
• Societies established at the General Presidencies of India
• Promotion of
• Science,
• Literature,
• Fine Arts,
• Instructions or diffusion of useful knowledge,
• Diffusion of political education,
• Foundation or maintenance of libraries or reading rooms,
• Public museum and galleries of paintings,
• Works of Act,
• Collections of natural history,
• Mechanical and philosophical inventions,
• Instruments,
• Designs
FORMATION FOR PROFIT MOTIVE PROHIBITED
For a society registered under Societies Registration Act, 1860 or under the Section 25 of Companies Act, profit motive for personal use is disentitled. Whatever profit is made through the working of such a society, is accountable for, and is necessary to put back the profit in the working of such a society. The Companies Act under section 25 also prohibits any payment of any dividends of its members as part of profit earned
MEMORANDUM OF ASSOCIATION
The memorandum of association is a document depicting and describing the objective of its existence and its operation. It defines the permitted range of enterprise. Care must be taken to draft this document so meticulously as to confer all powers on the society, which will be reasonably required for total attainment of the objects.
FORMAT OF MEMORANDUM OF ASSOCIATION
The Memorandum of Association as per the principle Act and Acts passed by various State Governments should contain:
• name of the society
• the objects of the society
• the names, add
komal
(Querist) 15 January 2009
THANK U MR.AEJAZ AHMED, I appreciate the participation u showed for others.......
u answered most of my query's but still some of left, if u can answer them that would be another help from ur side, following are the question:
how much a person has to pay for Society Formation, does it has to be paid "per head" or "square feet" and IN BOTH THE CASES HOW MUCH SHOULD BE PAYABLE.....
ALSO CHEQUE SHOULD BE FAVORING WHOM(NAME.....)
IS THERE ANY LATE FEES FOR SUBMITTING CHEQUE LATELY.......
RAKHI BUDHIRAJA ADVOCATE
(Expert) 15 January 2009
