THE SOCIETIES ACT, 1860

A society can be made by Any seven or more persons associated with any literary, scientific,
or charitable purpose that files an application along with the MOA to the registrar.
MAIN INCORPORATION DOCUMENTS:
1. Memorandum of Association (MOA): The MOA serves as the foundational document of
the society. It outlines the society's objectives, goals, and the scope of its activities. The
MOA shall contain the following things precisely:
a) Name and objects of the society
b) Names, addresses, and occupations of the governing body.
c) A certified copy of the rules and regulations of the society. (to be certified by not
less than 3 people from the governing body).
ACTIONS/ COMPLIANCES AS PER LAW:
1. Application for Registration (Section 3): The process of registration begins with the
submission of an application to the Registrar of Societies in the respective state. The
application must include copies of the MOA, rules, and regulations, and the list of
members and a registration fee as decided by the provincial government has to be paid
to the registrar.
2. Filing of the annual management list (Section 4) – The society is required to file
annual lists with the Registrar. These lists provide details about the society's
membership, activities undertaken, and any changes in the governing body. The list
has to be filed every year, on the 14 th day succeeding the day of the annual general
meeting or in the month of January if there are no rules for the annual general
meeting.
3. Property to be vested: any property belonging to such society is expressly vested with
the trustees and if not, then shall be deemed to be vested in the governing body.
4. Recovery of the penalties accrued (Section 9)- If a penalty is accrued on breach of any
rule or Bye-law, such penalty can be recovered in any court having jurisdiction where
the defendant resides, or the society is situated or the governor of the society deems
fit.
When a private company acquires a society registered under the Society
Registration Act, 1860, there are certain additional compliances and legal
considerations that need to be taken into account. The acquisition of a society by a
private company involves a transition from a non-profit entity to a for-profit entity,
which requires adherence to specific legal requirements.
5. Amendments to MOA and Rules (Section 12) – If the governing body is of the
opinion that the MOA or the rules need alteration, extension, or abridgment or either
full or partial amalgamation with some other entity, it shall:
a) Submit the proposition to its members in a written format and convene a special
meeting for consideration of the same.
 b) No proposition will come into effect unless it is submitted to the members of the
society, 10 days prior to the special meeting.
c) The proposition will also not come into effect if it has not been agreed upon by
the three-fifths votes of the present and voting members in the first meeting and
three-fifths of present and voting members at the second special meeting
convened at an interval of one month.
6. Dispute resolution while the dissolution of society (Section 13): It can only be
decided by three-fifths of members if the society is to be dissolved, if yes, and there
arises a dispute in the process, it hall be referred to the principal Court of the original
civil jurisdiction of the district in which the chief building of the society is situated.
7. If a society is acquired by a private company, it shall be subjected to the Companies
Act, 2013.
THE COMPANIES ACT, 2013
Section 8- Where the Central Government on proposal for registration as a company is
satisfied that the society:
a) has in its objects the promotion of commerce, art, science, sports, education,
research, social welfare, religion, charity, protection of environment or any such
other object;
b) intends to apply its profits, if any, or other income in promoting its objects; and
c) intends to prohibit the payment of any dividend to its members
The Central Government may issue a license and allow the persons or association of persons
to be registered as a limited company and the company shall enjoy all the privileges and be
subject to all the obligations of limited companies.